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...in the interlocutory judgment of this Court issued on 15 October 2018. This dealt with a good faith report which had been received from the Authority.2 Despite the shortcomings of the plaintiff in the Authority proceedings, the challenge was permitted to proceed on a de novo basis. 1 Newman v Solid Roofing Ltd [2018] NZERA Auckland 214. 2 Solid Roofing Ltd v Newman [2018] NZEmpC 121. [2] As mentioned in the previous...
...relevant LGA matters. [36] In all the circumstances, an elevated award of costs is just. However, while I consider that a more than nominal amount split between the Council and the Trust is warranted, I do not think that the factors present permit an award of 60%. Ultimately, the matter was a one-day hearing with an absence of expert witnesses. This warrants a reduction, albeit minor, in the quantum the Kellys seek. [37] I therefore conclude that an award of 50% of the Kellys...
...following criteria into account when considering the list of available duty lawyers: dependability experience competence the particular skills the duty lawyer can bring to the team as a whole. 26. “Swapping” of sessions will not be permitted. Swapping involves changes to two rostered days each time there is a replacement, and undermines the overall objectives of team-based rostering – ie setting up teams of duty lawyers who have the desired range of skills and a...
...application. He points to the heavy workload for his clients and the adverse effects this is having on his health. Mr Collins submits that the threat of judicial review proceedings, particularly some 14 months after the determination ought not to permit delay or avoidance of compliance with the orders. We accept the force of that submission. [16] As indicated earlier, in the Hart2 matter, the tribunal found that breach of even Standards Committee directions was a serious matter i...
...operators to ensure operator testing is carried out. New s 40Z(3) provides that DAMPs may also include further matters for managing health and safety risks arising from drug or alcohol use, including testing other than at random. 7. New s 40ZC also permits the Director of Maritime New Zealand (‘the Director’) to test any one or more of a DAMP operator’s safety-sensitive workers at any reasonable time and in any reasonable circumstances the Director considers appropriate (‘Direc...
...lawyers on a particular court’s roster are eligible to undertake sessions as a replacement. Wellington, Lower Hutt and Porirua District Court: Duty Lawyer instructions applicable from 1 July 2012 6 of 7 32. “Swapping” of sessions is not permitted. Swapping involves changes to two rostered days each time there is a replacement, and undermines the overall objective or providing a roster that meets the court’s requirements. Saturdays and public holidays 33. Duty lawyer...
...good faith; (d) the beneficiary changed his position believing he was entitled to receive the money and would not have to repay it; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [12] Pursuant to s 86(9B) of the Act, the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation of benefit en...
...mediation includes a first instance, low level investigation and non-legalistic determination by the Employment Relations Authority. Although most parties accept the result or at least do not feel so aggrieved that they appeal, the legislation permits a right of challenge including by hearing de novo as the company has exercised in this case. This means that, in effect, the examination of the justification for dismissal begins anew in this Court with little or no regard being paid t...
...In Young, an important factor weighing with the Court was that the defendant had placed costs recovery in the hands of a debt collection agency. That is not the situation here. As the Chief Judge observed in Young, litigants should not be permitted to rack up the costs of another party in defending ongoing or repetitious litigation were there is little and sometimes no consideration as to how and when 10 McLachlan at [...
...offensive and objectionable nature of the presence of such vehicles on the property. The order to issue will reflect that. The Fence [13] I am unable to determine from the information in front of me whether the fence erected by Ashtons exceeded the permitted height in the District Plan or not. The order which I propose to make simply requires that the fence complies with the District Plan provisions. I accept that Ashtons may seek a resource consent to authorise any non complianc...