Search Results

1. DML v Montgomery and MT Enterprises Ltd [2014] NZHRRT 6 [pdf, 182 KB]

   ...seen not as admissibility objections per se, but as cautions going to the weight to be given to certain aspects of the intended evidence. In this regard it will be seen that after seeing and hearing Ms Healy give evidence we accept that she is a careful, credible witness and we accept her evidence in its entirety. While we have relied on that evidence to establish what the plaintiff said to her about Mr Montgomery’s actions and as to Ms Healy’s direct observations of the effect of t...

2. 2021-03-15 D-G of Conservation opening subs [pdf, 246 KB]

   ...Wai 1. The National Policy Statement for Freshwater Management 2020 (NPSFM) sets out at 1.31 its fundamental concept – Te Mana o te Wai: (1) Te Mana o te Wai is a concept that refers to the fundamental importance of water and recognises that protecting the health of freshwater protects the health and wellbeing of the wider environment. It protects the mauri of the wai. Te Mana o te Wai is about restoring and preserving the balance between the water, the wider environment, and the co...

3. Hawkes Bay Standards Committee v McKay [2014] NZLCDT 20 [pdf, 64 KB]

   ...arrangement at the direction of H’s purported agent who, by the time of the relevant events, was also a director of JCR. All of this was known to the respondent. No security was provided for H for the performance of the buyback agreement or for protection against the very event which subsequently happened, with the loss of the property through a mortgagee sale. The respondent’s conduct in relation to H, including the use of the completed A and I form to complete the sale at an unde...

4. Umuhuri Matahaere - Evidence in Chief [pdf, 7.6 MB]

   ...rangatiratanga/self-determination in address the issues related to Motiti rohe/Area of interest. 36. The vision for the Trust traces back to the late Johnny Nuku, who united much of the community around the need to exercise kaitiakitanga and protect the island's marine environment and kaimoana. One of the fundamental objectives of the Trust is to protect and preserve the marine biodiversity, ecological integrity and cultural legacy of the Motiti Rohe Moana, whi)e facilitating...

5. [2023] NZEnvC 270 Port of Tauranga Limited [pdf, 3.3 MB]

   ...consequence, the Court’s discretion whether or not to grant consent to those parts of the application which are to be considered as RDAs under ss 104 and 104C of the RMA, which is to be exercised subject to the requirements of ss 6(e) and 7(a), requires careful consideration of the evidence relating to those requirements. [7] The applications by POTL are opposed by a number of entities representing tangata whenua on grounds which include effects on a number of cultural values and a...

6. [2011] NZEmpC 129 Patel v Pegasus Stations Ltd [pdf, 95 KB]

   ...as raised by the Plaintiff with the Defendant in the above correspondence is not couched as a personal grievance, but even if it were (denied) it is not raised in conformity with s114. It is phrased in the nature of a tort (breach of a duty of care) rather than a disadvantage personal grievance. 17. The Authority had no jurisdiction in tort. The Court’s jurisdiction in tort is limited to industrial action. 18. The forged signature issue as raised by the Plaintiff with the D...

7. Orsborn v CAC 20006 & Warwick Collier & JVL Prestige Realty Ltd [2012] NZREADT 73 [pdf, 51 KB]

   ...Rather, the appellants’ claim for compensation is seemingly based on the licensee’s and the agency’s unsatisfactory conduct in misrepresenting the features of the property in their advertising. [39] The Act was introduced specifically to better protect the interests of consumers in respect of real estate transactions. A key means of achieving that purpose was the creation of a wide range of discretionary orders available on findings of unsatisfactory conduct or misconduct, inclu...

8. GUY Scott Grahame (CSU 2010 PNO 261) [pdf, 409 KB]

   ...in whose care they were at the time they sustained fatal injuries. 46. With respect to the present case I am satisfied on the basis of the evidence and information available to me that there are no known suspects whose reputations need to be protected by a finding of fact as to the identity of the killer. Ruling 47. I am satisfied having regard to the purposes of a coroner’s inquiry that the circumstances of Mr Guy’s death have been adequately established in the course of...

9. AI v AJ LCRO 01/2012 (21 November 2014) [pdf, 53 KB]

   ...investigations necessary to conduct that review, and therefore clearly contemplates the review officer reaching his or her own view on the evidence before her. Reverse Briefs [27] Mr AK was a barrister sole. Rule 14.4 of the Conduct and Client Care Rules3 [28] A practice has arisen around compliance with the intervention rule which has come to be known as a “reverse brief” whereby a barrister sole will arrange for a solicitor to act as his or her instructing solicitor. Ther...

10. VR v AL LCRO 236 / 2012 (31 May 2013) [pdf, 115 KB]

    ...rather just sign it and be done with it! Compromise has already been made for me which I am happy with (thanks to you for that!) and I think that it is a very unlikely situation that [Mr VR] & I will have a child. I plan to have a strong career and make my own money (as much as or more than [Mr VR]) therefore the Agreement is not going to disadvantage me if we did happen to break up later on down the track. I am not sure whether you will want me to come back in and meet with...