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1. OK Ltd v HO Ltd & BG [2020] NZDT 1519 (21 July 2020) [pdf, 182 KB]

   ...Disputes Tribunal filing fee. 3. The application first came before the Disputes Tribunal on 18 March 2019 where it was adjourned for further hearing until 9 May 2019. On 20 May 2019, the Tribunal ordered HO to pay $5,033.74 to OK Ltd. 4. OK Ltd appealed the decision in the District Court. His Honour Judge Kellar quashed the Tribunal’s decision and ordered a rehearing in the Tribunal to determine the following issues: i. Whether BG agreed that if OK Ltd completed the plumbing...

2. Auckland Tranport 155 [PDF, 64 KB]

   ...Court ENV-2017-AKL-000155 Auckland Registry Under the Local Government (Auckland Transitional Provisions) Act 2010 (the Act) and the Resource Management Act 1991 (the RMA) And in the matter of an application under Section 274 of the RMA and an appeal under section 156(3) of the Act Between The National Trading Company Limited Appellant and Auckland Council Respondent and Auckland Transport Section 274 party Notice of Auckland Transport’s wish to be p...

3. [2018] NZEnvC 003 Auckland Council v London Pacific Family Trust [pdf, 281 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 003 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act AUCKLAND COUNCIL (ENV-2017-AKL-000105) Appellant JANICE BUDDEN, MARK GITTOS AND MICHAEL ROWE AS TRUSTEES OF THE LONDON PACIFIC FAMILY TRUST Respondent Court: Principal Environment Judge LJ Newhook Environment Judge JJM Hassan Environment Commissioner RM Dunlop Env...

4. P v K [2019] NZIACDT 4 (5 February 2019) [pdf, 114 KB]

   ...professional violations was found to have been committed by him between about August 2013 and September 2017, such as: • failing to have written agreements with his clients; • failing to make clear his fees; • filing futile applications and appeals; • writing unprofessional communications to clients; and • failing to hold securely documents such as passports. [5] Mr K was found to have breached obligations in both the 2010 and 2014 Codes of Conduct. This included cls...

5. Moeahu v Winitana - Waiwhetu Pa No 4 (2013) 310 Aotea MB 172 (310 AOT 172) [pdf, 214 KB]

   ...of his or her duties as a trustee. (2) The Court may at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [37] The Court of Appeal in a recent judgment Rameka v Hall underscored the relevant duties of a trustee including the principal obligation of being familiar with the terms of the trust: 9 [28] The general responsibilities of responsible trustees are set out...

6. [2006] NZEmpC WC 11/06 Tamarua v Toll Tranzlink Ltd [pdf, 32 KB]

   ...case differed from this test in a subtle but very important way. Its finding that the employer’s action was one open to it as a fair and reasonable employer is virtually the same as the test for unjustified dismissal applied by the Court of Appeal in W&H Newspapers v Oram3. 2 Unreported, Shaw J, 30 May 2006, AC 30/06 3 [2000] 2 ERNZ 448 This focused on whether the employer’s actions were open to it as a fair and r...

7. [2008] NZEmpC WC 16/08 Wesley Community Action Trust v Dickson and anor [pdf, 25 KB]

   ...against a subsequent employer, and apparently on the same or very similar issues, has recently been determined by the Authority. So too has at least one other case and it appears that all of those cases determined by the Authority are destined for appeal if they have not been challenged already. The cases raise issues of principle about whether employees who sleep over at their employer’s premises, or perhaps at their homes, are to be regarded as working during such times for the...

8. Standards Committee 1 v Hart [2011] NZLCDT 5 [pdf, 84 KB]

   ...route, we agree with the Society’s submission that a presumption of “openness” is implicit and in the absence of a body of case law specifically relating to s 240 and s 238, we adopt the principles expressed in R v Liddell4 by the Court of Appeal relating to s 140 of the Criminal Justice Act 1985, as principles that best support the purposes of the Act: “In considering whether the powers given by s 140 should be exercised, the starting point must always be the importance in a d...

9. John Craig – Rebuttal (dated 12 June 2017) [pdf, 807 KB]

   BI-309448-3-762-V2 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 BRIEF OF EVIDENCE OF JOHN LAURENCE CRAIG ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on r...

10. ZYX v NorthAble Disability Services (Strike-Out Application) [2014] NZHRRT 30 [pdf, 47 KB]

    ...is frivolous or vexatious or is not made in good faith: (d) whether the person alleged to be aggrieved does not want any action taken or, as the case may be, continued: (e) whether there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the person alleged to be aggrieved to exercise. (3) Subsection (2) does not detract from the generali...