Search Results

1. 01.-Evidence-of-Mr-Lonnie-Dalzell-Waka-Kotahi-Project-Overview64017177.1.PDF [PDF, 855 KB]

   ...being proud of what we have all done. Part of the procurement process is the selection of capable contractors who understand how to work positively with others, manage risks, and comply with consent conditions and environmental requirements. 101. Since working on Transmission Gully seven years ago I have seen the industry have a dramatic shift in the approach to requirements such as environmental controls. Sediment retention devices are now a 'must' rather than a &...

2. Dawson v Auckland Council [2011] NZWHT Wellington 36 [pdf, 242 KB]

   ...That was a convenient label describing new cause which intervenes and removes all causal potency from the original negligence. The intervening cause can arise from the conduct of a third party or from the conduct of the plaintiff himself. [101] While the Supreme Court was contemplating obtaining a LIM the comments are equally applicable to other steps that would lead to a prospective purchaser being on notice of issues, particularly in light of Jung v Templeton, a case not c...

3. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

   ...consent met the statutory requirements. In particular, Mr Lawrence who gave evidence for ODC – he was the building control manager for Rotorua District Council – considered the information available to ODC to be completely adequate. [101] Mr Lawrence’s evidence was interesting and unusual. He said that his Council had experienced no problems with the workmanship of NZLC (which is a Rotorua based company). He also said that so far as inspections were concerned, his insp...

4. Armfield v Naughton [2014] NZHRRT 48 [pdf, 167 KB]

   ...points away from the Armfield property or by the use of masking software, or by both. Within seven days of this decision Mr Naughton is to give written confirmation to Mr Armfield, Ms Halls or their solicitor that these steps have been taken. [101] We come now to the remedies of a declaration and damages. Declaration [102] While the grant of a declaration is discretionary, declaratory relief should not ordinarily be denied. See Geary v New Zealand Psychologists Board [2012] NZHC 384...

5. [2018] NZEnvC 243 Ohau Protection Society Incorporated v Waitaki District Council [pdf, 16 MB]

   ...towards Lake Ohau village, Shelton Downs and the Lake Ohau Lodge and east of Lake Ohau towards the intersection with SH8; and (c) that part of Barrier Range that frames that basin moraine area, including the Ohau Snow Fields and its access road. [101] For all of those reasons, we find Mr Moore's choice of landscape unit is unrealistically selective. Therefore, his associated landscape assessment is not reliable . Rather, it materially overstates the true impacts of the Propos...

6. Witana v Tau - Omapere Taraire E (2019) 191 Taitokerau MB 1 (191 TTK 1) [pdf, 535 KB]

   ...potential resignation.38 Despite that, in closing submissions, Mr Burley attempted to argue, once again, that if there was a resignation it was withdrawn by that email. In the face of Mr Tau’s statement to me, this argument cannot be maintained. [101] I find that Mr Tau did tender his resignation at the first SGM and this was not withdrawn. [102] If there was any question that Mr Tau resigned at the first SGM, this was put beyond doubt when he resigned in writing on 13 June 20...

7. E99 Karl Cook and Vijay Lala – Planning - RE – Applicant [pdf, 3.6 MB]

   ...31093433_1.docx considered Part 2 and remain of the view that the application can be granted under s104 of the RMA as it satisfies s104 and Part 2 of the RMA in our view. 10. ADDITIONAL STATUTORY CONSIDERATIONS The Auckland Plan 205015 10.1 Ms Nicola Broadbent includes in her EIC an updated Section 104(1)(c) consideration16 where she provides specific comment on the Auckland Plan 2050 Refresh, adopted in June 2018 following the preparation of the original Wynyard Hobson applic...

8. [2015] NZEmpC 36 Yan v Commissioner of Inland Revenue [pdf, 280 KB]

   ...had been identified for him could be taken as an indication that his performance was adequate. That is not so. As Mr Oomen said, he had been attempting to throw Mr Yan something of a life-line, and an opportunity to restore his reputation. [101] The Department’s performance policy refers to the need to consider any appropriate and reasonable suggestions for training and support. Reference is made in the guideline documentation to the need for managers to consider redeployment....

9. NZ Private Prosecution Service Ltd v Key (Strike-Out Application) [2015] NZHRRT 48 [pdf, 157 KB]

   ...defendant were false and misleading in submitting that s 62 of the Act applies only to an employer and not to a customer. Reliance is placed on s 69 of the Act in support of the claim that “sexual harassment can be committed by a customer”. [101] This argument can be disposed of shortly. NZPPSL and Mr McCready fail to understand there is a difference between an alleged act on the one hand and legal liability for that act on the other. For the reasons earlier explained, ss 62 and 6...

10. PR v HG 69/2016 LCRO [pdf, 269 KB]

    ...made to the private investigator and his enquiries aimed at verifying the financial position of Mr HG and related entities. Counsel contends that the protections provided by rule 8.8 do not apply in the circumstances of Mr HG’s complaint. [101] Counsel also addressed the “numerous additional assertions and allegations”50 made by Mr HG in the course of his dealings with Ms PR, and the complaint process. Counsel says proceedings were issued because Mr HG did not take up the...