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1. Milligan v Robert Brown Developments Ltd [pdf, 133 KB]

   ...and by application of the principles illustrated in the authorities cited (supra), I find that Eastwood owed the Claimant a duty of care as the purchaser of the property Eastwood built, Eastwood breached that duty of care by constructing, or permitting to be constructed, defective building works, namely the brick veneer and the supporting beam, and by reason of the said breaches, 28 the Claimant has suffered loss and damage to her property for which Eastwood is liable. [9...

2. [2013] NZEmpC 152 The Salad Bowl Ltd v Howe-Thornley [pdf, 243 KB]

   ...any reason other than the plaintiff’s assumptions about her honesty. [65] Finally, the plaintiff submits that there is no legislative prescription as to employment recruitment processes and that what the law does not specifically forbid, it permits. Therefore, Mr Forrest submits, the recruitment process in this case could and did include reasonable demonstrations of work ability, irrespective of whether the employment was to be permanent or fixed term, but that the demonstratio...

3. [2017] NZEnvC 032 South Epsom Planning Group Incorporated v Auckland Council [pdf, 32 MB]

   ...certainty that the heights as described to us will be the final outcome. For this reason we conclude that the method employed for the RIU should be certain and enforceable, as with the other development sites. We therefore conclude that the RIU maximum permitted building heights should be described as an RL. These will convert (based on the latest version of diagram FOB-B5(c)) as follows: 11 Existing referenced limit Appropriate limit Ground level + 11 .5 75.5 RL Ground level...

4. [2020] NZEnvC 114 Summerset Villages Lower Hutt Limited v Hutt City Council [pdf, 31 MB]

   ...un-shaded areas of Table 2 above) it is expected that construction activities can comply with these limits. [42] We note that the two Residential Zones are within Noise Area 3 using the L10 descriptor (around 3dBA higher than Leq} and that means permitted noise levels from non-residential activities must not exceed on any day of the year: Time L 20 noise level 7am -10pm S0dBA 10pm - 7am 40dBA I I 12 [43] The maximum sound level is not to exceed Lmax 75dBA during the hour...

5. Rātima v Sullivan - Tataraakina C (2019) 79 Tākitimu MB 103 (79 TKT 103) [pdf, 488 KB]

   ...submissions of Mr Watson. There can be no defence, she contended, to any claim of set-off especially where trustees did not attend meetings for which they might now make a claim. [16] In addition, counsel submitted that the allowance that had been permitted in the Court’s earlier judgment could not be used carte blanche as a means of the former trustees evading their liabilities by seeking to claim any part of the allowance for meetings they did not actually attend, of either th...

6. [2019] NZEmpC 54 Hong v Auckland Transport [pdf, 437 KB]

   ...attend a formal meeting the following Thursday 9 February 2017. The letter said that AT was proposing to suspend Mr Hong from his employment pursuant to cl 36 of the collective agreement. The letter then goes on: Please note that you are not permitted to attend the workplace in any capacity until then, and only for the purpose of the meeting. Notwithstanding that clear instruction, Mr Bidgood gave evidence that, had Mr Hong wished to stay in the workplace, that would have...

7. [2019] NZEnvC 154 NEIL Construction Limited v Auckland Council [pdf, 4.4 MB]

   ...airport or airfield. There is no precinct in relation to Whenuapai Airbase. [18] In the General Rules of the AUP, Rule C1 .7 relates to activities not provided for, and states: (1) Any activity that is not specifically classed in a rule as a permitted, controlled, restricted discretionary, discretionary, non-complying or prohibited activity is a discretionary activity unless otherwise specified by a rule for an overlay, zone or precinct or in an Auckland-wide rule. [19] The Aucklan...

8. [2022] NZEmpC 141 E Tū Inc and ors v Carter Holt Harvey LVL Ltd [pdf, 356 KB]

   ...April 2020, Mr Kesha notes that some employees would have preferred not to take paid leave over the second two weeks of the lockdown and some had asked whether the CHH Group could require that. Mr Kesha said “Under the Holidays Act employers are permitted to give employees 14 days’ notice to take annual leave, which we did on 23 March. It was necessary for us to take this step as part of our plan to help manage through this uncertain and challenging time.” [29] As the l...

9. Fish & Game - EiC - M J Trotter - Ecological Flow (5 Feb 2021) [pdf, 397 KB]

   ...Otago experience high levels of abstraction and do not have effective environmental flows (a minimum or residual flow and associated allocation limit) to protect habitat and ecological values. This is often due to historic allocation under deemed permits. 11 In general, the lower the minimum flow and/or higher the allocation limit the greater the risk of adverse effects on ecosystem health and trout fishery production. 12 Higher minimum flows (80-90% of Mean Annual Low Flow (MALF)...

10. Koso v Chief Executive Ministry of Business Innovation and Employment [2014] NZHRRT 39 [pdf, 133 KB]

    ...template documents/correspondence I understand all this information is readily to hand and directly accessible from AMS. Could you please provide this information as soon as practicable. The request is made urgently on the ground that my client’s permit has expired and they are unlawful, and I need to urgently advise my client about their status. I request a list of every item provided in the disclosure. I request a list of every item withheld and full grounds and reasons for...