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1. [2017] NZEmpC 94 Crimson Consulting Ltd v Berry [pdf, 268 KB]

   ...He also submitted that if the material before the Court did not satisfy it that a permanent non-publication order was likely to be made after the substantive hearing, then there is no reason why an interim order should be made now. [101] I elaborate on the circumstances referred to by Mr O’Callahan. The Authority’s determination was placed on the Employment Law Database on the Ministry of Business, Innovation and Employment’s website. That resulted in media repor...

2. Canterbury Westland Standards Committee v Withers [2013] NZLCDT 39 [pdf, 229 KB]

   ...159. 30 For example see Exhibits SJM32, SJM24, SJM19, and SJM22 to the affidavit of Shannon James Marshall dated 13 July 2012. 24 to “Murray” having an involvement, but there was room for uncertainty as to his capacity. [101] We note that while we accept that Ms Marshall was probably not aware of Mr Withers’ interest in Clifden, her knowledge is not the key issue. The real issue is Mr Withers’ conflict and lack of independence, something that Mr Withers’...

3. 18.-Evidence-of-Dr-Alex-James-Freshwater-Ecology.PDF [PDF, 633 KB]

   ...of the Stream 25 site; (b) removal of a perched culvert on Stream 23; (c) surface water reconnection of Stream 20; (d) extensive permanent fencing and riparian planting of tributary streams (see Volume III – Drawing No. 310203848-01-700-C1012 and C1013); and Page 14 (e) creation of permanent diversion channels upstream and downstream of some culverts that will be designed specifically to provide habitat for large-bodied fish such as eels and giant kōkopu (e.g., d...

4. LCRO 275/2015 and 9/2016 YM v SC and JW (18 December 2018) [pdf, 286 KB]

   ...costs. It was to the partners of [Firm 1] that Mr and Mrs SC looked for remedy, that remedy to be achieved by a refund of fees paid. [100] That view is consistent with the approach adopted by Mr and Mrs SC when first raising their concerns. [101] It was from the [Firm 1] partners (not the departed Mr JW and Mr YM) that Mr and Mrs SC sought redress. [102] It was the partners from the firm, not Mr JW or Mr YM, that responded to the concerns raised by Mr and Mrs SC. [103] The ex...

5. Wayfinding-for-Civil-Justice-Te-Reo.pdf [pdf, 1.5 MB]

   ...Waapu Ko ngā Mema o te Working Group 2 Colmar Brunton Legal needs among New Zealanders (Ministry of Justice, 2018); World Justice Project Global Insights on Access to Justice: Findings from the World Justice Project General Population Poll in 101 Countries (World Justice Project, 2019). 4 Ko te Ihirangi HE KUPU WHAKATAKI ....................................................................................................... 2 HE KUPU WHAKAPUAKI ............................

6. [2020] NZEmpC 139 KiwiRail Ltd v Mobbs [pdf, 450 KB]

   ...Arnold JJ. 8 Vector, above n 5, at [5]−[6] per Blanchard J, [22] per Tipping J and [56]−[57] per McGrath J. 9 Firm PI, above n 6, at [63]. 10 Vector, above n 5, at [24]. 11 Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] AC 1101 at [25]. 12 As Tipping J noted in Vector, above n 5, at [26], the parties could also contract such that, for them, “black means white”, but the likelihood of them doing so “will no doubt be a powerful factor when it comes to quest...

7. HIJ v RST and UVW (Publication) [2013] NZHRRT 41 [pdf, 152 KB]

   ...A. 18 [100.3] The envelope had been opened and the contents examined and discussed by the plaintiff with D1. He had her permission to copy the documents to help her submit a complaint about the content and accuracy of the information. [101] As to the third element, the proceedings commenced by D1 in the Family Court in early October 2007 related to the custody of the couple’s two children. D1 was understandably concerned that they be placed in a safe environment following the...

8. [2021] NZEnvC 001 Minister of Conservation v Northland Regional Council [pdf, 3.8 MB]

   ...Policies D.4.12, H.4.1 and H.4.3 regarding minimum flows and allocation limits, including provisions for rootstock survival water, existing drinking water supplies and domestic needs that have the potential to affect minimum flows in particular. [101] We agree that provision needs to be made for new registered drinking water supply applications that are outside these limits and we consider that these would be appropriate as non-complying activities. Replacement consents for existing...

9. [2019] NZEmpC 113 Genesys Telecommunications Laboratories Ltd v Scott [pdf, 576 KB]

   ...correspondence, and stated that all feedback provided had been considered. Responding to several issues raised by Mr Scott, Genesys stated that although the original proposal had noted the 4 Case Note 210106 [2010] NZ PrivCmr 14. benefits of reducing the need for travel, this was not its main rationale. Reduction in travel costs would be a minor benefit. [42] Mr Scott had stated he was prepared to change the focus of his...

10. LCRO 203/2017 HI v JK (6 August 2020) [pdf, 314 KB]

    ...undertaken, the payment in question should relate to a fixed fee, and an invoice should have been issued. The Committee concluded that Mr JK’s fees were to be fixed, and acknowledged that at the time of payment, Mr JK had not issued an invoice. [101] At the hearing, Mr JK was emphatic that he had informed Mr HI prior to meeting with him at court that he charged a fixed fee for a first attendance at court. [102] Mr JK explained that this fee was to include work in: (a) meeting w...