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1. Chapman v Western Bay of Plenty District Council [pdf, 364 KB]

   ...to build the house adequately if the building process had been supervised in the way that Landmark claimed it would be. [20] Mr Clarke gave evidence as to how he managed Landmark, which included looking after the company’s finances, human resource issues, signing contracts, liaising with contractors, solicitors, accountants and oversaw credit issues. Mr Clarke was in day-to-day control of all the company’s activities. The evidence was that he kept a tight control on his...

2. Cole v Realty Insight Limited [2012] NZWHT Auckland 25 [pdf, 259 KB]

   ...seventh respondent? Page | 6 MATERIAL FACTS [7] Euro-Asia Investments Co Limited, the first respondent, was a developer of the property at 117D Glendhu Road. Mr Lee, the fourth respondent, was its director. An application for resource consent was made on behalf of Euro-Asia by Mr Theotesto Reyes, the fifth respondent, in October 2004. The house was constructed in 2005-2006. [8] An application for building consent relating to a change of cladding was fil...

3. Improving the justice response to victims of sexual violence: victims experiences [pdf, 1.6 MB]

   ...post-sentencing support as this could be the time when they experienced significant emotional impingement but were ‘left alone’. There was often a sense of ‘let down’ post sentencing. For some people, they were left alone, feeling under- resourced to cope with the aftermath of the process. Several of the research participants suggested that offers of counselling or similar support at this point would be of value. 1.8 In Conclusion ➢ The justice process can cause...

4. Beattie v Official Assignee [2021] NZHRRT 21 [pdf, 280 KB]

   ...benefit fraud is peculiarly reliant on a flow of information from the public. A government department is singularly ill-equipped to carry out the observations which frequently bring such offending to light. It is not just a matter of insufficient resources, though that too must play a part. It is the nature of the activities which tend to reveal benefit abuses. They would often escape detection if it were not for the intervention of members of the public. [20] In my view, the respondent...

5. Holden & Anor as Trustees of the Estate of Bruce Morris v Hanns [2010] NZWHT Wellington 23 [pdf, 432 KB]

   ...NZ Building Code‟. [157] On 24 July 1998 David Walker issued a certificate under the Building Act 1991, section 46(4)(a) and (b) being an application for the Wellington City Council to issue a certificate pursuant to section 224(1) of the Resource Management Act 1991 in relation to 65 Austin Street. The certificate covered both the units. [158] In that certificate Mr D Walker said that he had carried out a detailed examination of the plans and specifications and was satis...

6. Moananui v Cape Kidnappers Station Limited - Rangaika Native Reserve (2014) 31 Takitimu MB 179 (31 TKT 179) [pdf, 268 KB]

   ...other evidence of this transaction. - A report written by the District Land Registrar, R I Cross, was included within S Heperi’s report (the main points of the DLR report are summarised previously in this memo). - S Heperi used the following resources in his research and they are attached as appendices to his report: o Turtons Deeds No 8 Vol 2, dated 28 March 1855 o Extract Napier MB 1 folio 122, Certificate of Title, dated 9 August 1866 o Memorandum from Chief Surveyor dated...

7. [2017] NZEmpC 95 Fraser v McDonalds and Doran v Carrick [pdf, 355 KB]

   ...with your Restaurant Manager/Franchisee. You can also request your own wage and time records. If the matter is not resolved in that discussion you should use the PAL programme (refer page 11) in which case the matter will be reviewed by Human Resources who will investigate and share relevant information. At any time you may seek advice from a representative: a parent/guardian, delegate, union official or other representative. Security of Hours From 1 October 2015, all McD...

8. Supplementary Government Response to Law Commissions report [pdf, 479 KB]

   ...currently preformed by the Director. Reject. The primary conciliation role of the Commissioner is maintained, and the continued separation of compliance and litigation functions ensures that parties can freely engage in conciliation Prosecutorial resources and expertise will not need to be duplicated in OPC. 61 The chairperson of the Human Rights Review Tribunal should be a judge at the level of a District Court Judge. Reject. No evidence that previous chairs have been subject...

9. [2022] NZEmpC 192 E Tū Inc v Rasier Operations BV [pdf, 483 KB]

   ...in the marketplace in terms of its approach to dynamic pricing. That is undoubtedly so – maximising profit margins via various means is what most businesses attempt to do. The point, in terms of the s 6 analysis, is the application of labour resources for this purpose and the degree of control it reflects in terms of the real nature of the relationship. [41] The evidence disclosed that Uber’s “Community Guidelines” play a central role in the performance management system...

10. Wentzel v Collie [2012] NZWHT Auckland 15 [pdf, 250 KB]

    ...assert that Ms Collie breached the vendor warranty given at clause 6.2(5) of the sale and purchase agreement. This clause provides: (5) Where the vendor has done or caused or permitted to be done on the property any works : (a) any permit, resource consent or building consent required by law was obtained; and (b) the works were completed in compliance with those permits or consents; and (c) where appropriate, a code compliance certificate was issued for those works....