Search Results

1. [2023] NZEnvC 223 MacFarlane Investments Ltd v Queenstown Lakes District Council [pdf, 490 KB]

   ...design of option 1 identified by Beca. In part, that was due to the length of the setback, although in Mr Carr’s observation the setback was little different to others that already accommodate high traffic volumes and larger 27 vehicles. [101] Mr Carr disagreed with Beca’s conclusion that the length of the setback in the design of that option would affect intersection efficiency. Option 1 involved no requirement for the objector’s land. Options 1 and 2 each provided f...

2. Matthews v Matthews - Estate of Graham Ngahina Matthews (2010) 253 Aotea MB 250 (253 AOT 250) [pdf, 200 KB]

   ...Kumuiti 2B and 2C 25.0400 15.3644 56.4440 $275,000 $74,856 Kumuiti No.3 22.4499 4.5266 15.0000 $190,000 $57,336 Kumuiti No.4 23.4718 17.4641 58.0000 $580,000 $174,641 Matatera 2D 9.2521 .5244 2.4028 $45,000 $9,821 Kapakapa 6B2 41.9684 32.0225 101.000 $125,000 $36,931 $409,615 253 Aotea MB 255 Derivation of shares [10] The shares owned by Mr Matthews were derived as follows: [11] This list demonstrates conclusively that the bulk of the interests the subject of...

3. [2013] NZEmpC 100 NZ Language Centres Ltd Etc v Page [pdf, 241 KB]

   ...signs he showed of reactive clinical depression: mood swings, insomnia, lockjaw, eczema, hyperventilation and digestive disorders for which many treatments had been tried and there was continuing anxiety, stress and financial uncertainty. [101] This evidence was read out to the Court from prepared briefs. It did not have the same impact as apparently the oral evidence had had on the Authority. [102] These matters are greatly ones of impression but on the way the evidence was...

4. Chen v Gu-Chang [2013] NZIACDT 16 (19 March 2013) [pdf, 221 KB]

   ...was open that Mr Chen’s file belonged to him and he was entitled to be provided with it, although Ms Gu-Chang and Mr Loh were entitled to retain a copy. It appeared Mr Loh and Ms Gu-Chang acknowledged that was the position. 11 [101] The material before the Tribunal indicated Mr Chen twice attempted to get his file and was refused unless he signed a document purporting to absolve Mr Loh and Ms Gu-Chang from liability for the professional services he received. [102] The...

5. [2019] NZEmpC 99 Fernandez v Rappongi Excursions Ltd t/a Denny’s Restaurants [pdf, 440 KB]

   ...of 75 per cent to any remedies awarded to Mr Fernandez. There is no proper basis for alleging contributing conduct in this case, and that pleading by the defendant and the submissions based on it are rejected. Conclusion and disposition [101] To summarise the position, Mr Fernandez is entitled to a 10 per cent share in the operating business of Rappongi. The valuation of that share will need to be ascertained using proper principles for valuation of a business. Mr Fernandez...

6. LCRO 74/2020 NS v AD (29 January 2021) [pdf, 285 KB]

   ...once the work visa was granted. Ms AD was anxious to remain permanently in New Zealand. [100] Although the work visa was automatically extended, this only occurred on the lodging of a completed application. For that, legal work was necessary. [101] This was largely carried out by Ms H, with oversight by Mr NS, and unpaid assistance from Ms G and to a lesser extent, Dr S. [102] There is nothing to suggest that the immigration work in relation to the work visa application, was any...

7. Le Lievre v Muriwhenua Incorporation - Muriwhenua Incorporation (2016) 123 Taitokerau MB 240 (123 TTK 240) [pdf, 303 KB]

   ...submitted to the Registrar of the Court for noting. Nevertheless, my ruling in this decision may obviate the need for that step to now be carried out. Did the Incorporation grant Mary Bratton a LTO in 2008 or 2010 in relation to the disputed site? [101] I conclude that the Incorporation cannot have granted a LTO to Mary Bratton in 2008 or 2010 in relation to the disputed site as the Incorporation had already granted that land to Ronda Le Lievre pursuant to the 2004 LTO. [102] T...

8. [2017] NZEmpC 115 Schollum and Hastings v Corporate Consumables Ltd [pdf, 598 KB]

   ...complete week of inability to work or training. [100] In the Holidays Act 1981 the meaning of gross earnings included salary, wages, allowances or commissions. That must mean the combined remuneration earned by Ms Schollum and Mr Hastings. [101] Ms Cates submitted that the same arguments which were used to resist the case for the plaintiffs in dealing with the Holidays Act 2003 should apply in relation to the 1981 legislation. The submission was that the reference in s 4 of the 1...

9. [2018] NZEnvC 131 Grattan Investments Limited v Waikato District Council [pdf, 18 MB]

   ...pressure within loose. satlJ'ated. fine to medium grained non-cohesive and low plaslldty soil. tf ttls excess pDfe pressure is great enough. tiquefaction can occur wtlch causes a loss of bearing strength. As this excess pore pressure dissipates 101l0\\ing an earthquake. densificaUon of the soli can occur which causes settlement that may damage structures. Based on the encountered ground oandilions induding groundwater not being found to at least 3m deplh. and from our experience with...

10. NOP TUV v MBIE [2014] NZHRRT 16 [pdf, 156 KB]

    ...personal information request dated 7 July 2006. 24 [100.2] Damages of $2,500 are awarded against the Chief Executive under ss 85(1)(c) and 88(1)(a) of the Privacy Act 1993 for the pecuniary loss suffered by the plaintiffs. Principle 8 claim [101] The decision of the Tribunal is that this claim is dismissed. FINAL NON-PUBLICATION ORDER [102] A final order is made prohibiting publication of the names, address and any other details which might lead to the identification of the p...