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1. Austen v Far North District Council - Okahu 3B2A and Okahu 3B2B2D (2022) 252 Taitokerau MB 87 (252 TTK 87) [pdf, 284 KB]

   ...ford; and (d) The trustees indemnify FNDC from any further liability for the ford. [3] Some time after the agreement was signed, the trustees say: (a) They discovered that FNDC was required to construct and maintain the ford crossing through resource consent obligations; and (b) This was not disclosed to them prior to signing the ford agreement. [4] In 2020, the trustees sent notice to FNDC to cancel the ford agreement on the grounds of mistake or misrepresentation. FNDC did...

2. Auckland Standards Committee 2 v Burcher [2018] NZLCDT 37 [pdf, 276 KB]

   ...on Mr Burcher’s part. [83] That leaves a straightforward breach finding in respect of Rule 11.1. Although this is a serious matter, as conceded by Mr Burcher, we note that he apologised promptly for it and against that has committed enormous resources both in time and personal funds to the salvage of this project on behalf of the firm and the nominee company and out of loyalty to his clients. We do consider that the context can be taken into account in assessing level of culpabi...

3. [2015] NZEmpC 137 Stevens v Hapag-Lloyd (NZ) Ltd costs [pdf, 173 KB]

   ...ultimately consumed five and a half days. Split hearing time was required, which would have increased costs. [12] It is apparent that the costs of two counsel have been included in the costs claimed as reasonable by Hapag-Lloyd. The level of resources applied in a particular case is a matter for each party. However, it is not a choice that is automatically visited on the unsuccessful litigant. The Court will need to be satisfied that the nature and circumstances of the case we...

4. OIA-108159.pdf [pdf, 2.8 MB]

   ...cases, the Tribunal can grant an application for an urgent inquiry into claims. This may include strict timetables for filing of evidence, hearings and cross-examination. If this were to occur, it would require a significant investment of time and resources from the Ministry. 18. We will advise the Government on how best to respond to these issues should they arise. Options for the use of unspent section 27 funding 19. The Government has committed to end funding for section 27...

5. [2010] NZEmpC 23 Metallic Sweeping (1998) Ltd v Whitehead [pdf, 46 KB]

   ...statement of defence is that as a result of the fact that no submissions were filed within the 28-day period, he dispensed with the services of his then solicitors regarding the entire matter. He goes on to plead that he no longer had the financial resources to further retain his solicitors or any other professional adviser who could have filed submissions within time had the plaintiff also done so. [15] On the basis of PBO Ltd (formerly Rush Security Ltd) v Da Cruz1, the plaint...

6. [2011] NZEmpC 108 Auckland District Health Board v Bierre [pdf, 145 KB]

   ...[23] Ms Bierre then signed the OHS consent form which stated: Recommendations arising from this assessment will be sent to your employer (ADHB). Only the information required by the workplace will be provided to your Manager and/or the Human Resources Consultant. [24] The OHS consent form also referred in the following terms to the Privacy Act 1993 and the Health Information Privacy Code 1994 (the HIPC): “Personal information is collected and stored under the guidelines provide...

7. [2013] NZEmpC 188 Hook v Stream Group (NZ) Pty Ltd [pdf, 124 KB]

   ...he intended to ‘re-open and discuss’ the earlier warning. In the event, he took no steps to do so. [15] Mr Hook attended the 3 August meeting with his support person, Mr Llewellyn. A record of the meeting was made by Mr Reichel, the Human Resources Manager. Ms Watts and Mr Boehmer also attended the meeting. Ms Watts gave evidence that the meeting was conducted in a professional manner although it became tense at times. Mr Hook described the meeting in different terms. He...

8. [2018] NZSSAA 25 (25 May 2018) [pdf, 264 KB]

   ...principles relating to negating the effect of deprivation of assets was reinforced by a 2007 amendment to the Act adding s 1A which sets out the principle that for persons seeking support under the Act: … where appropriate they should use the resources available to them before seeking financial support under this Act … [9.6] The Ministry referred to authorities affirming the principle expressed in s 1A,6 and its application to the deprivation of assets.7 [10] Against that leg...

9. [2013] NZEmpC 32 Piefection Foods Ltd v Hume [pdf, 133 KB]

   ...serious, but unsubstantiated allegations about Mr Hume's conduct towards its female staff. [6] Piefection Foods Limited did not constructively assist in resolving the employment relationship problem in a timely, economic and efficient way. Resources of Ian Hume and the Authority were wasted as a result of the conduct of the respondent noted in the appendix to this report. [6] Having regard to the report and the comments made by the parties on it, I am satisfied that the...

10. Nukutere Lands Trust v Trustees of Whitikau A1 – Opape 28 (2013) 70 Waiariki MB 272 (70 WAR 272) [pdf, 1.4 MB]

    ...Waiariki MB 307 their detriment will not be as great as that which will afflict the Parkinson’s; s) Reasonable access to Opape 28 is available by horse or foot via the OMR as physical access must be adequate for the properties permitted resource management purposes as ruled in Kingfish Lodge (1993) v Archer.35 In this case, the Kawenata lists the permitted activities as hunting, trapping, gathering medicinal herbs and the reserved rights of the grazing license. Therefor...