Search Results

1. B v Southern Response Earthquake Services Ltd [2021] CEIT-2021-0006 [pdf, 336 KB]

   ...the home is genuinely proceeding. As previously advised we have met the terms of the policy and settlement and discharge agreement. Beyond 27 March 2019 Southern Response consider no further comeback or payment for enhanced foundations will be permitted and the claim will be closed. 41) To which Ms Wood replied: Please note that significant progress has been made in the last while on the engagement of professionals and finalisation of documentation for the rebuild. There was a m...

2. LCRO 156/2023 PF v NY, WJ and MQ (11 October 2024) [pdf, 247 KB]

   ...(CA), Fletcher Moulton LJ was considering the power of the Court to strike out an action as vexatious and observed that: The Court has a right to stop an action at this stage if it is wantonly brought without the shadow of an excuse, so that to permit the action to go through its ordinary stages up to trial would be to allow the defendant to be vexed 8 P v H LCRO 02/2009. 22 under the form of legal process when there could not at any stage be any doubt that the action was bas...

3. [2025] NZEmpC 28 IDEA Services Ltd v Wills [pdf, 328 KB]

   ...and that it failed to genuinely consider her proposal.16 It also found that IDEA failed to consult with Ms Wills as an individual employee who was subject to an adverse outcome and that although the situation was urgent, Ms Wills could have been permitted to work from home or given discretionary unpaid leave while that consultation process was carried out.17 It acknowledged that allowing unpaid leave may have been inconvenient but noted that such arrangements are common.18 Finall...

4. Barcello v Barcello - Succession to Mary Barcello (2024) 91 Te Waipounamu MB 77 (91 TWP 77) [pdf, 329 KB]

   ...with section 15. 13 Characteristics of express trust The characteristics of an express trust are as follows: (a) it is a fiduciary relationship in which a trustee holds or deals with trust property for the benefit of the beneficiaries or for a permitted purpose; and (b) the trustee is accountable for the way the trustee carries out the duties imposed on the trustee by law. [31] Section 15 of the Trusts Act 2019 provides: 15 Creation of express trust (1) An express trust...

5. Waitangi Tribunal Vol 2 Tauranga Moana [pdf, 9.2 MB]

   489 Chapter 7 The AncesTrAl lAndscApe : The nATurAl environmenT, 1886–2006 The rangataua estuary is the life blood of our people, ‘ngā wai koiora’, that courses through our veins : its tributaries the Waitao, Kaitimako, Omatata, Otamarua, te Waiū and te awanui are the veins that supply it, and thus us with life giving nutrients – life itself . . . all living breathing features of our ancestral landscape . . . te awanuiarangi Black, Ngāti hē1 7.1 introduction By 1840,

6. Ngati Pahauwera Affidavit on behalf of Trustees Exhibits J to NN [pdf, 15 MB]

   ...(c) all waters in tributaries not covered in paragraph (b) from the State Highway 5 bridge to the upstream end of the Mokonui Gorge, except for those waters down­ stream o f the southern end of the Te Hoe Gorge. 6 Manner of protection (1) No water permit under the Act may be granted to dam the waters described in clause 5 or to dam any other waters o f the Mohaka River system that would affect the level o f the waters described in clause 5, except where— (a) the dam does not detract f...

7. Taueki v Procter - Horowhenua 11 Lake Block (2020) 415 Aotea MB 1 (415 AOT 1) [pdf, 720 KB]

   ...activities of the Horowhenua District Council and Horizons Regional Council. Mr Taueki also claimed that the former trustees failed or refused to take steps against the local authorities and instead are working with them to, in effect, continue to permit the ongoing pollution of Lake Horowhenua. He further argued that, by declining to support his proceedings in this Court against the HDC for continuing discharge of storm water into the Lake, the former trustees were acting against t...

8. 2015 Ministry of Justice annual report - our financial performance [pdf, 1.2 MB]

   ...expected to be collected. CASH AND CASH EQUIVALENTS Cash and cash equivalents includes cash on hand, deposits held at call with banks, and other short-term highly liquid investments with original maturities of 3 months or less. The Ministry is only permitted to expend its cash and cash equivalents within the scope and limits of its appropriations. FINANCIAL LIABILITIES Other financial liabilities are recognised initially at fair value less transaction costs and are subsequently measu...

9. [2007] NZEmpC AC 10/07 X v Auckland DHB [pdf, 338 KB]

   ...Employment Relations Authority or the Court to evaluate that action against the objective standard of what a fair and reasonable employer would have done in the circumstances. • This test does not, however, give the Authority or the Court unbridled licence to substitute their views for that of the employer. • The Authority or the Court may, on an objective analysis, reach a different conclusion from that of the employer. • In addition to the common law implied obligations o...

10. [2017] NZEnvC 124 Skyline Enterprises Ltd v Queenstown Lakes District Council [pdf, 12 MB]

    ...Resource Legislation Amendment Act 2017 do not apply to the matters before us, given the direct referral was made before those amendments came into force: RMA Sch 2, cl16. Section 87G(6) also references s 138A which is not relevant as it concerns coastal permits for dumping and incineration. 5 determination of discretionary and non-complying activities; and (c) s 108 on conditions of resource consents. Section 104D threshold [10] The treatment of the proposal under rules of the...