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...decision-maker. Preliminary portions of that investigation can, 5 Irvines Freightlines Ltd v Cross [1993] 1 ERNZ 424. 6 Ioane v Waitakere City Council [2003] 1 ERNZ 104 (subsequently reversed on appeal in Waitakere City Council v Ioane [2004] 2 ERNZ 194 (CA), but only on the Employment Court’s approach to remedies). 7 At [24]-25]. and in many cases must, be delegated to others. But in the end, the decision- maker...
...universal that no person could be supposed to have entered into the agreement without looking to it as an element of the contract. 12 [45] More recently and as to evidence of custom, in Henry v London General Transport Services Ltd the UK Court of Appeal concluded: 13 … the burden of proof on custom and practice, … is upon the balance of probabilities. … Clear evidence of practice is, however, required to establish something as potentially nebulous as custom and practice,...
BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Submissions: IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2019] NZEnvC l \ 0 of the Resource Management Act 1991 of an appeal pursuant to cl 14 of Schedule 1 to the Act WESTERN BAY OF PLENTY DISTRICT COUNCIL (ENV-2015-AKL-000127) Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent PORT BLAKELY LIMITED, CARRUS CORPORATION LIMITED, TKC HOLDINGS LIMITED, NGA...
...advice from a separate law firm independent of Mr BD and [Law Firm A] regarding the division of relationship property, that the credibility and lack of enforceability of both agreements was identified”.23 19 At [31]. 20 Mr RW, Notice of Appeal to LCRO (8 March 2021) at [1.1]. 21 At [2.2]. 22 At [2.3]. 23 At [2.5]. 10 No documentary evidence [42] Mr RW draws attention to the fact that there was “never any formal recordings in the form of a draft letter or no...
...independent contractors, it is likely that the gateway will become increasingly narrowed over time. If the definition, properly interpreted, has a broader purpose, the gateway will likely admit a more diverse range of workers. [7] As the Court of Appeal has stated in the context of interpreting relationship property legislation:18 Although the Act operates upon "property" as a subject-matter the law it lays down is not a part of the law of property in any traditional sense. Ins...
...of s 4(4)(d) of the Act does not include a consultant’s proposal or recommendation for an employer to consider but, if adopted or pursued by the employing Council, is a proposal for the purposes of that section. [63] The case proceeded on appeal before a full Court of the Court of Appeal. The appeal was allowed, but the status of the consultant’s report was not in issue.63 [64] Speaking generally as regards the obligation of good faith, the Court of Appeal said this regardin...
...Defendant Judgment: 9 April 2009 JUDGMENT OF JUDGE B S TRAVIS [1] Almost 4 years since his dismissal, and after a full Court decision allowing him to call evidence of being dismissed in the course of a mediation1, and a successful appeal to the Court of Appeal by the defendant preventing that evidence from being led2, the plaintiff’s personal grievances have finally been heard on the merits. The plaintiff’s grievances were removed for hearing to the Employment Cou...
...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). [22] In Clarke v Karaitiana the Court of Appeal commented on the extent of the Court’s powers under s 238 of the Act: 15 …Apart from the inherent jurisdiction enjoyed by the High Court and conferred on the Mäori Land Court by s 237, the Mäori Land Court has wide supervisory...
BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 17 READT 001/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN RICHARD AND JILL BURROWS Appellants AND REAL ESTATE AGENTS AUTHORITY (CAC 20002) First respondent AND RAEWYN PATERSON and DENNIS CORBETT Second respondents MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Ms N Dangen - Member HEARD at WHANGAREI on...
BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 42 of the Resource Management Act 1991 of appeals pursuant to clause 14 of the First Schedule to the Act ALLIANCE GROUP LlMTIED (ENV-2016-CHC-112) and other appeals listed in the schedule on the last page Appellants OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson Hearing: In Chambers at Christchurch Date of Decision: 1...