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1. LCRO 173/2014 G NP and H NP v DC (27 September 2018) [pdf, 289 KB]

   ...Legal Standards Officer. All of the NP’s complaint material, spread over several emails and including copies of correspondence and court decisions relating to the COCA proceedings, was before the Committee when it made its decision. 18 [101] The agenda notes comprehensively set out the NP’s complaints. There is nothing in any of the material which even remotely supports a submission that the Committee predetermined the outcome or had some bias either for or against the...

2. [2021] NZREADT 27 Harvey v Lowe (10 June 2021) [pdf, 388 KB]

   ...and Mr Harvey diverged on what the Lowes told Mr Harvey about their building plans for No 26, what impact their building plans would have on the view from No 28, and on what Mr Harvey was authorised to disclose to prospective purchasers.29 [101] The Committee’s finding was that given the significance of the view from No 28, Mr Harvey failed to exercise skill, care, competence, and diligence by not confirming the Lowes’ instructions regarding No 26 in writing and/or by not cap...

3. [2021] NZEnvC 165 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Toanga [pdf, 554 KB]

   ...think it was a 2009 High Court decision. … Questioned about the consulting fees / engagement fees paid to either himself 67 Notes of evidence, at page 293 lines 23-25. 68 Notes of evidence, at page 293 lines 28-36 & page 294 line 1. [101] [102] [103] [104] 31 or to Poutama, Mr Gibbs could not recall the amount, other than agreeing that it was “months and months of work” and Poutama may have been paid more than $200,000.69 In an email to First Gas70 Te Ah...

4. McClelland v Schindler Lifts NZ Ltd [2015] NZHRRT 45 [pdf, 157 KB]

   ...justify the withholding from Mr McClelland of a formal declaration that Schindler breached s 22 of the Human Rights Act. Indeed to withhold such declaration would be unfair. [100] We now address the question of damages. Damages for pecuniary loss [101] Mr McClelland says that following termination of his employment by Schindler he immediately sought work to keep his rent and debt payments up to date. Using a recruitment and out-sourcing firm the only employment he could find was wor...

5. [2017] NZEmpC 127 South Canterbury District Health Board v Sanderson [pdf, 709 KB]

   ...perform any minor unrecorded proactive, preventative or unremunerated duties during on-call periods; nor did they have ongoing responsibility for the wellbeing of groups of vulnerable people during the periods of time that they were on call. [101] I return to the point which I made earlier, to the effect that a practical assessment is required, which is, inevitably, case-specific. [102] In this case, the nature and extent of the responsibilities during periods of call-back wa...

6. Proprietors of Potikirua Block Incorporated v Te Kani - Lot 1 Deposited Plan 8212 [2013] Chief Judge's MB 82 (2013 CJ 82) [pdf, 1.3 MB]

   ...Failing (i), to lease Wharekahika A 15 to Wamoana Te Kani; iii) Failing (i) and (ii) Wharekahika is to be returned to Potikirua Incorporation for farming, with the house or area of section remaining with Wamoana Te Kani. 2013 Chief Judge's MS 101 The letter then went on to state that 'notice of intention to partition must be in writing to Potikirua Incorporation will be advertised in Public notices in local newspaper prior to AGM'[sic.] 34. Lastly, a note from a ...

7. Matuku Ngati Maru Wharanui Pukehou Trust (2009) 245 Aotea MB 15 (245 AOT 15) [pdf, 306 KB]

   ...report on their activities to the Registrar on a quarterly basis for the Court’s information. [100] The trustees are also directed to attend a chambers conference to provide a progress report at the April sitting of the Court in New Plymouth. [101] The Registrar is to provide a copy of this judgment to: (a) the Hon Justice Venning, High Court, Auckland; (b) the Chief Executive, Te Puni Kokiri, Wellington (c) the Chief Executive, Te Ohu Kaimoana, Wellington [102] The applica...

8. [2014] NZEmpC 23 Greenslade v Jetstar Airways Ltd [pdf, 293 KB]

   ...the strength of his other claims against the defendant, the plaintiff elected not to pursue (at least fully) these good faith/estoppel causes of action but we conclude, in any event, that they fail for want of proof. Decision of proceeding [101] The plaintiff succeeds in his claims for breach of his individual agreement and of s 69ZD of the Act. The defendant’s defences fail comprehensively and ultimately because of its failure to establish the application of s 69ZH(2) to its c...

9. MacNaughtan v Accident Compensation Corporation (Treatment Injury/Causation) [2023] NZACC 160 [pdf, 327 KB]

   ...ongoing lip issues, the unpleasant discolouration of facial pigment, and because he seemed rather stressed. At the time we were unsure of the reason for stress, but put it down to the changes to his facial appearance, and probably school exams. [101] His father also recorded that between 20 May and c 24 June, his son took about 55 x 10 mg Oratane (Isotretinoin) tablets. [102] The medical notes of 27 July 2016 record that Dr Gould rang the appellant’s father and the note is: Exc...

10. MfE - Supplementary - T A D Ensor - Planning (18 March 2021) - Appendix A [pdf, 366 KB]

    ...permit. [100] Policy 10A.2.1(d) requires any existing residual flow, minimum flow and take cessation conditions to essentially be ‘rolled over’. That is not relevant here as the existing RWL ‘deemed permits’ have no such conditions. [101] Policy 10A.2.1(e) requires that there is a reduction in the volume of water allocated. In this case I understand that RWL have applied for less volume than they could take under their existing deemed permit and that so that policy requi...