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1. [2024] NZEnvC 074 GI Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 175 KB]

   ...have now come to be applied not just in determining whether higher than normal costs should be awarded but in determining whether costs should be awarded at all and, if so, at what level.2 1 Goodwin v Wellington City Council [2021] NZEnvC 101 at [41]. 2 Development Finance Corporation of New Zealand Ltd v Bielby [1991] 1 NZLR 587 (HC). 5 [12] These factors now overlap with paragraph 10.7(j) of the Environment Court Practice Note which provides as follows: In considerin...

2. Wakelin and Anor as Trustees for the Get In & Walk Trust v Taupo Texture Coatings Limited [2011] NZWHT Auckland 43 [pdf, 206 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-101-000023 [2011] NZWHT AUCKLAND 43 BETWEEN GRANT D WAKELIN AND PATRICIA J WAKELIN AND LPT TRUSTEES NO.30 LIMITED as Trustees for the GET IN & WALK TRUST Claimants AND TAUPO TEXTURE COATINGS LIMITED First Respondent AND MARSHALL WATERPROOFING NZ/AUS LIMITED Second Respondent AND TODD ELLIOTT BUILDERS LIMITED Third Respondent AND TAUPO DISTRICT COUNCIL (Removed) Fourth Respondent A...

3. [2022] NZEmpC 72 Lawton v Steel Pencil Holdings Ltd [pdf, 199 KB]

   ...Regulations 2000. While the financial component was the 4 Morgan v Whanganui College Board of Trustees [2014] NZCA 340, [2014] 3 NZLR 713, [2014] ERNZ 80 at [11]. 5 Moore v McNabb (2005) 18 PRNZ 127 at [56]. 6 Employment Relations Act 2000, ss 101(ab), 143(b). 7 Martinsen, above n 3, at [16]. same, a Calderbank offer can be (and often is) made with a financial component that is identical to a previous without prejudice offer.8 [16] The new elements mean the o...

4. [2022] NZEmpC 178 UXK v Talent Propeller Ltd [pdf, 228 KB]

   ...made by the Employment Relations Authority that certain witness summonses should be issued.2 My judgment also dealt with an application for non-publication of UXK’s name and identifying details. 1 UXK v Talent Propeller Ltd [2022] NZEmpC 101. 2 The determination was in the form of two documents described as “Minutes”. [2] I reserved costs. I recorded the Court had been told UXK was legally aided for the purposes of the challenge. The parties were invited to d...

5. IPT Practice Note 5 Publication of decisions [pdf, 104 KB]

   ...Tribunal’s own motion – (clause 20(2), Schedule 2). [9.3] Beyond these limited powers of recall, a decision by the Tribunal is final once notified to the appellant or affected person – (clause 17(6), Schedule 2). 10. DATABASE OF DECISIONS [10.1] In accordance with the requirement that it must publish its decisions (clause 19(1), Schedule 2), the Tribunal maintains three databases (refugee and protection, residence and deportation), at www.justice.govt.nz/tribunals/ipt/deci...

6. [2022] NZACC 115–Fulton v ACC (15 June 2022) [pdf, 170 KB]

   ...Mr Fulton’s rights, a copy of this judgment will also be sent to Mr Fulton himself. [26] There are no issues as to costs. P R Spiller District Court Judge 3 See Stewart v Accident Compensation Corporation [2022] NZACC 101.

7. Van Zyl v McNeil [2019] NZIACDT 27 (8 May 2019) [pdf, 109 KB]

   ...Tribunal [2017] NZHC 376 at [93]. 4 Section 50. 5 Section 51(1). 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 7 Z v Dental Complaints Assessment Committee at [97], [101]–[102] & [112]. 6 ASSESSMENT [29] The Registrar relies on the following provisions of the Code: Refunds 24 A licensed immigration adviser must: … b) ensure that refund obligations can be met, and c) promptly provide an...

8. ENVC Matiatia party corresp WMLDec14 memorandum of counsel [pdf, 114 KB]

   ...breakwater structures running on a north south axis. The amended design proposes the primary breakwater as a convex shape and the secondary breakwater complements the primary and links toward the shoreline by adopting a concave shape. (Refer Figure 101 for a cross section of the breakwaters). 12. The breakwaters are now to be constructed with rocks that are less uniform in size, with larger rocks used to provide some differential form to the top level of the breakwaters in par...

9. Tawhai - Whakatere ki Koranui and Waima North A22 (2011) 28 Taitokerau MB 98 (28 TTK 98) [pdf, 102 KB]

   ...the Trust is teetering on a financial crisis and, with only one of five trustees acting, is dysfunctional. The Court has a duty to intervene in those circumstances. A review of the trust is clearly urgently required. That 28 Taitokerau MB 101 cannot be concluded today. I will therefore be adjourning the applications to a hearing on 2 November 2011. I will require the current trustees to attend Court together with the Trust’s accountant. And I will also be directing that no...

10. [2019] NZEmpC 122 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 407 KB]

    ...and did not meet the requirements spelt out in reg 20 of the Employment Court Regulations 2000 (the regulations). 1 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [2019] NZERA 101. [9] I have also received and considered submissions filed for each party. Overview of the parties’ cases [10] In support of the defendants’ application for leave, Ms Weatherly-Hull, an employee of the first defendant Cu...