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1. [2013] NZEmpC 109 Baker v St John Central Regional Trust Board [pdf, 155 KB]

   ...172 (CA) at [53] affirmed by Bluestar Print Group (NZ) Ltd v Mitchell [2010] NZCA 385 at [20]. timesheets and payroll records. I accept that the way in which the plaintiff’s claim was pursued necessitated the application of additional resources. The Court was assisted at the hearing by the analysis undertaken by Ms Walker, a witness for the defendant. I have already taken this factor into account in assessing reasonable costs. [35] I do not consider that the fact the...

2. LCRO 1/2016 87/2016 and 88/2016 GV v Standards Committee [pdf, 167 KB]

   ...provisions for the Court of Appeal”. The LCDT proceedings [21] In a letter to this Office dated 12 June 2017, the Committee denies bias on behalf of its members and it is difficult to reach the view that a Committee would expend time and resources investigating complaints against Ms GV merely because it had been “unsuccessful” in previous proceedings against her. [22] The Complaints Service points out that Ms GV has not referred to any direct evidence to support her alle...

3. [2015] NZEmpC 212 Go Bus Transport Ltd v Hellyer interlocutory [pdf, 99 KB]

   ...on the challenge. The minute was to be served on those parties as well as counsel for Go Bus. Chief Judge Colgan will preside over a directions conference on these matters on 7 December 2015. Evidence and submissions of Go Bus [13] The Human Resources Manager of Go Bus, Mr Bardsley, filed an affidavit in support of the company’s application for stay. He deposed that Go Bus is in a financial position to pay the sum ordered by the Authority to Mr Hellyer; and that it would be p...

4. CI v MT [2023] NZDT 514 (25 October 2023) [pdf, 211 KB]

   ...shed for removal and a second builder to provide a deck foundation for the shed at MT’s home. Because MT moved the shed to her property before seeking Council approval, J Design was required to provide a Council Code of Acceptance and make a Resource Consent application. The shed work was invoiced 0882 for $1,941.20 and MT paid J Design’s invoice. 3. MT also requested J Design to provide plans to convert the shed into a studio. The design was to include a kitchen, bedroo...

5. Wainui v Wainui - Part 1 Deposited Plan 3413 (2024) 127 Tairawhiti MB 150 (127 TRW 150) [pdf, 283 KB]

   ...justice of the case, in light of the kaupapa and principles of the Act. [38] Coincidentally, Hiha v Reti also related to the aftermath of Cyclone Gabrielle, decisions on future use and development of Maori land, as well as use of recovery funds and resources. Kōrerorero Discussion He pātai Motuhake hei whakawā?- Is there a serious question to be tried? [39] The s 238 application makes a number of allegations that the trustees of the Tipene and Sarah Wainui Whānau Trust, and...

6. Bevan-Smith v One New Zealand Group Ltd (Strike Out) [2024] NZHRRT 48 [pdf, 583 KB]

   ...discretion to strike out the claim. Dr Bevan-Smith could have filed his evidence and avoided this claim being struck out, but he chose not to do so. One NZ should not be put to any further cost of defending this matter, nor should any further Tribunal resources be expended on this matter. [44] In light of these factors, the Tribunal considers it wholly appropriate to exercise its discretion to strike out the claim. [45] No issues of costs arise, these are not sought by the defendant. ORDER...

7. [2024] NZEnvC 239 Christchurch International Airport Limited v Selwyn District Council [pdf, 342 KB]

   CIAL v SDC – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 239 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN CHRISTCHURCH INTERNATIONAL AIRPORT LIMITED (ENV-2023-CHC-120) Appellant AND SELWYN DISTRICT COUNCIL Respondent Environment Judge P A Steven – sitting alone under s279 of the Act In Chambers at Christchur...

8. Wai 3300, 6.2.018 Wānanga ā-rohe background paper [pdf, 598 KB]

   ...and self-government.13 The Central North Island (Wai 1200) Tribunal considered the guarantee of tino rangatiratanga extends to Māori the right to: (b) constitutional status as the first people (tangata whenua); (c) manage their own policy, resources, and affairs within the minimum parameters necessary for the operation of the State; (d) enjoy cooperation and dialogue with the Government; and 8 New Zealand Māori Council, A Discussion Paper on Future Māori Development and Legis...

9. OIA-Porirua non-violence programmes [pdf, 10 MB]

   ...can at times be ‘humanly delayed’ eg traffic. In reviewing my records I cannot ‘pick’ a matter that this has been a consistent issue (whilst the client may perceive ‘rush’ I guess. I will always that day, have prepped that session and resources needed. The feedback as reported also alluded to sessions being ‘rushed’ … this I am curious about as session length is typically 90 mins (2 x 45 min learning blocks) and designed so as not to be rushed and to give time. Again...

10. Edmondson v Accident Compensation Corporation (Personal Injury) [2024] NZACC 183 (19 November 2024) [pdf, 212 KB]

    ...(2) Treatment injury does not include the following kinds of personal injury: 7 (a) personal injury that is wholly or substantially caused by a person's underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of itself, con...