Search Results

1. [2015] NZEmpC 3 Fletcher v Sharp Tudhope Lawyers costs [pdf, 73 KB]

   ...that the defendant has raised a number of matters in its costs submissions which are irrelevant, misleading, punitive, and aimed at discrediting him. [5] I start with a consideration of the actual costs incurred by the defendant. The Court of Appeal has made it clear that it is not mandatory for counsel to provide details of time involved and charge out rates when seeking costs. In Binnie v Pacific Health Ltd it observed that: 4 Obviously this kind of information may help, an...

2. [2024] NZEnvC 090 Bowkett v Whangarei District Council [pdf, 2.3 MB]

   Bowkett v Whangarei District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 090 IN THE MATTER OF appeals against an abatement notice under s 325 of the Resource Management Act 1991 BETWEEN GD BOWKETT (ENV-2023-AKL-150) (ENV-2023-AKL-153) Appellant AND WHANGĀREI DISTRICT COUNCIL NORTHLAND REGIONAL COUNCIL Respondents IN THE MATTER OF an application for enforcement orders under ss 314...

3. Koria & Anor v Johnson & Ors [2013] NZWHT Auckland 14 [pdf, 208 KB]

   ...those carried out on his behalf) were conducted in accordance with the practices at the time. [23] Mr Steele on behalf of the claimants submitted that (earlier, in 1973) in McLaren Maycroft & Co v Fletcher Development Co Ltd2 the Court of Appeal addressed ‘common practice’ in the building context. Richmond J stated that the court is not necessarily bound by such evidence. It must retain its own freedom to conclude that the general practice of a particular profession fa...

4. Te Ngahue v The Proprietors of Whetumatarau B45B2 (2015) 47 Tairawhiti MB 81 (47 TRW 81) [pdf, 193 KB]

   ...dated 5 March 2009 that: i. With the partition of 7B16B the clear land in the north is reduced from about 65 hectares to 30 hectares, and access is somewhat limited. While this would, in our opinion, result in the remaining land being slightly less appealing, the overall effect on value would be minimal – if any. ii. We have determined that the Residual Value of B45B (Pohutu) would be the pre- partition value less the value of 7B16B. Hearing [8] The application was set down fo...

5. Steedman v Apatu - Owhaoko D6 Subdn 3 (2015) 341 Aotea MB 164 (341 AOT 164) [pdf, 372 KB]

   ...the intention to sell triggers notice to and an opportunity to for all PCA to put in offers. The offers must be at least equivalent to the 16 [2013] Māori Appellate Court MB 528 (2013 APPEAL 528) 341 Aotea MB 176 terms of the alienation per r 11.7(3)(a). The alienor may then select any offer from any such PCA. [46] Counsel further submits that if the Court finds that the Mr Hall does not satisfy the PCA requirement t...

6. CAC20004 v Vessey [2015] NZREADT 46 [pdf, 167 KB]

   ...In general, we feel that it would not have been excessive for the defendant’s period of suspension to have been longer than we have ordered. 6 [27] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Ms C...

7. Michael Moore – Rebuttal (dated 12 June 2017) [pdf, 6.4 MB]

   BI-309448-3-771-V1 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER Of an appeal under section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent REBUTTAL EVIDENCE OF MICHAEL WILLIAM MOORE ______________________________________...

8. Ngatai v Tawhai - Wharawhara 22 (2020) 241 Waiariki MB 252 (241 WAR 252) [pdf, 239 KB]

   ...absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [12] There are several superior court authorities regarding the principles applicable to the serious step of removal of trustees. They include the Court of Appeal judgment Rameka v Hall,8 that Court’s decision Naera v Fenwick,9 and Pryor v Perenara, a judgment of the Māori Appellate Court.10 [13] All these authorities support the following general propositions: (a) removal is a serious...

9. SL v MM LCRO 272 / 2011 (2 November 2012) [pdf, 58 KB]

   ...relevant to this situation: - 353 Continuation of disciplinary proceedings and certain other proceedings (1) This section applies to the following proceedings: (a) all proceedings in relation to all investigations, inquiries, applications, appeals, and other proceedings of a disciplinary nature under the Law Practitioners Act 1982 which have been commenced before the commencement of this section and which have not been determined or completed before the commencement of this sect...

10. EMPC Swearing in Judge Inglis [pdf, 130 KB]

    ...http://justedit.justice.govt.nz/courts/employment-court/judicial-papers-and-speeches/remarks-of-chief-judge-gl-colgan-on-the-occasion-of-the-swearing-in-as-a-judge-of-the-employment-court-of-judge-christina-inglis-on-30-september-2011#_ftn5 It was this Court followed by the Court of Appeal[6] which first adapted foreign law notions of good faith dealing between employers, unions, and employees in all aspects of their relationships that are now enshrined in statute and, I venture to sugge...