Search Results

1. [2012] NZEmpC 54 Maritime Union of NZ Inc v Ports of Auckland [pdf, 109 KB]

   ...this arguably would have irretrievable consequences for those dismissed employees. The injunctions sought apply until the substantive hearing and may delay the defendant exercising its contractual rights (which are also in issue). However, to permit the exercise of those rights, which are in dispute in the interim because of statutory requirements, could cause irreversible damage to the plaintiff’s members. I note, in this regard, that the substantive issues would have been add...

2. [2010] NZEmpC 59 Wellington Free Ambulance Service v Adams [pdf, 46 KB]

   ...be stultified if the discretion were clogged by a technical rule forbidding its exercise if upon that incomplete untested evidence the court evaluated the chances of the plaintiff's ultimate success in the action at 50 per cent. or less, but permitting its exercise if the court evaluated his chances at more than 50 per cent. [11] Later, Lord Diplock stated at p 407: It is no part of the court's function at this stage of the litigation to try to resolve conflicts of evidence o...

3. Te Riaki - Ngongohau 5 (2021) 437 Aotea MB 177 (437 AOT 177) [pdf, 229 KB]

   ...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. [21] In any event, I accept that the committee of management have made an informed decision on...

4. [2018] NZEnvC 142 Gisborne District Council v O'Connell [pdf, 664 KB]

   ...houses adjacent to and directly across from the Property and a tavern approximately 150 metres down the road; • Mr Profitt undertook a detailed consideration of the relevant provisions of the District Plan, including the provisions of the various permitted activity standards. He concluded that the activities undertaken by the Respondents on the Property and the road reserve constituted discretionary activities for which a resource consent was required and that no resource consen...

5. Canterbury Earthquakes Insurance Tribunal: Further Decisions 29 March 2018 [pdf, 553 KB]

   ...insurance contracts means that, even if a shared issue is determined, individual cases still need to be settled separately in respect of the specific damaged property. We consider there is a risk that the Tribunal would be overwhelmed if it were permitted to hear class actions, and its ability to progress other cases would suffer. Further, the Tribunal already has features such as no fees, pro-active case management and funded mediation, which support efficiency and accessibili...

6. ORC - Kerstin Strauss - Evidence in Reply - 11 March 2022 [pdf, 171 KB]

   ...requiring consents under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCS) and the regional plan for contaminated sites, or generally requiring a number of different resource consents, permits, and approvals as part of many building projects. For instance, as part of subdivision projects multiple resource consents may be required for both district and regional maters, associated section 223 and section 224c certific...

7. [2023] NZEnvC 029 Reefville Properties Limited v Christchurch City Council [pdf, 885 KB]

   ...minimise or reduce travel to and from the activity by private vehicles and encourage public and active transport use. v. Network effects: Having particular regard to the level of additional traffic generated by the activity and whether the activity is permitted by the zone in which it is located, whether measures are proposed to adequately mitigate the actual or potential effects on the transport network arising from the anticipated trip generation (for all transport modes) from the propo...

8. [2019] NZEmpC 9 Prasad v LSG Sky Chefs New Zealand Ltd [pdf, 351 KB]

   ...resolve the issue about whether the application was, in fact, made for Mr Matsuoka as alleged. However, a decision on that matter is not required to decide this application. [18] The starting point is that access to court documents will only be permitted for a recognised and legitimate purpose.8 The Court of Appeal held the purpose of obtaining documents may be to assist in other litigation or arbitration and is legitimate, but only if there is a point to the exercise. In parti...

9. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore [pdf, 391 KB]

   ...applied to sale of lands or leases but it governs all relationships. 28 Quoting Blanchard J in Tram Lease Ltd v Croad [2003] . . . “no one who has granted another a right of property, whether by sale, lease or otherwise, may thereafter do or permit something which is inconsistent with the grant and substantially interferes with the right of property which has been granted.” 29 The Court held that the principle of non-derogation is based on an implied obligation on a grant...

10. [2024] NZREADT 17 - YM v REAA (11 June 2024) [pdf, 116 KB]

    ...Appendix C – original telephone file note. [19] The Tribunal decided in KN v The Registrar of the Real Estate Agents Authority that it would follow the test used for appeals (under s 111 of the Act) to assess whether further evidence should be permitted in review applications (under s 112).5 The Tribunal must be satisfied that it is the interests of justice to admit the fresh evidence, having regard to the following factors:6 (a) Whether the evidence is credible. (b) Whethe...