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...settlement of the plaintiff’s sexual harassment complaint. s 92I(3)(b) – order restraining defendant from continuing or repeating the breaches of his confidentiality obligations under the settlement, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach or conduct of any similar kind. ss 92I(3)(c) and 92M(1)(a) – damages for pecuniary loss in the form of lost earnings. $7,000 ss 92I(3)(c...
...interlocutory applications requiring adjudication prior to hearing, some of which (of a procedural nature) can be considered by the Chair alone, and some of which require the convening of the full, or reduced number Tribunal. A reduced quorum is permitted, consisting of three members (Chair, one lay member and one lawyer member) to consider applications for Interim Suppression of Name and for Interim Suspension Orders. These provisions allow speedier consideration of such applica...
...remedied by a direction under s188(2). [22] In applying an appropriate balance to the matter, the Court has, on occasion, restricted both the nature of the challenge from a de novo to a non-de novo basis and the scope and extent of the evidence permitted.9 One or both methods have been adopted as a means of providing a result in response to obstructive behaviour in the Authority’s proceedings. An alternative response has been to give an indication that the behaviour will be ap...
...arising from this part of the transaction. The only ground of loss could be the loss of an opportunity to sue the territorial authority. But, the CCC was properly issued by a body with the appropriate authority to do so. The legislative framework permitted what occurred to happen. [47] It was clearly the purchaser’s concern to ensure that the building was code compliant and that that was reflected in a certificate to that effect. That is what the purchasers bargained for...
...effectively with the matter before it, whether or not it would be admissible in a court of law. (2) The Tribunal may take evidence on oath, and for that purpose any member or officer of the Tribunal may administer an oath. (3) The Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Tribunal thinks fit, verifying it by oath. (4) Subject to subsections (1) to (3), the Evidence Act 2006 shall apply to the Tribunal in...
...of the defendant, the plaintiff is entitled to resist the documents’ return to it. In these circumstances, it is still difficult to understand the plaintiff’s submission that she must retain the documents themselves if she is to be permitted fairly to prepare for her challenge. [18] In favour of the defendant’s position is what I accept is the risk of misuse of the documents or of the information that they contain pending the hearing and decision of the challenge. Th...
...of Conduct for Expert Witnesses. [24] The next succeeding paragraph provides that the statement may include reservations by one or more participants about issues on which they are uncertain about the substantive law (eg whether the concept of a permitted baseline applies), or about procedural matters. [25] Paragraph 5.6.7 provides that witnesses are to review their evidence in light of joint witness statements. If formal briefs have been exchanged before the caucus, they may be wit...
...freehold land or the whole interest, not an undivided interest. In other words, the Act provides greater flexibility for the alienation of a whole block compared with undivided interests, by giving the preferred class a right of first refusal but then permitting alienation outside of the class of the whole block. With undivided interests, alienation is restricted to the preferred class. Discussion [18] What is being sought is, effectively, the transfer of the undivided shares held...
...had occurred in the previous 90 days, that is on or after 23 September 2002. Consent by waiver? [16] Mr Fairclough submitted that the defendant had consented by waiver to Ms Coy raising her out of time grievances and should therefore not be permitted to now have them struck out. I find against that argument for the following reasons. [17] The Commissioner’s first response to Ms Coy’s personal grievances was a letter to her from Inspector Gary Lennan, Canterbury Human Resour...
...Report) at section 3. 6 [15] The Decisions Report granted the following resource consents of relevance to the appeals:9 (a) APP-2005011178.01 and APP-2018201909.00 - Eketahuna Wastewater Treatment Plant General Conditions Applying to all Permits, expiring seven years after commencement; (b) ATH-2013010987.01 - Eketahuna Wastewater Treatment Plant Discharge to Water Permit; (c) ATH-2015200247.00 and ATH-2018202081.00 Eketahuna Wastewater Treatment Plant Discharge to Land Pe...