Search Results

1. [2009] NZEmpC WC 23/09 Sandilands v CE of the Department of Corrections [pdf, 32 KB]

   ...the most significant factor is that the proposed challenge has little if any chance of success. While none of the other factors mitigate strongly against granting the extension of time sought, in my view it is not in the interests of justice to permit a party to prolong litigation without a real prospect of success. The application for extension of time is refused. Comment [29] In this judgment, I have referred consistently to actions taken on behalf of Ms Sandilands by counsel...

2. [2013] NZEmpC 141 2Air NZ Ltd v Kerr [pdf, 88 KB]

   ...discovered documents ... (3) It follows from the first two principles that a party may not seek discovery of a document in order to find out whether the document may be relevant. A general trawl through the other party’s documentation is not permitted under the rules. (4) The Court is entitled to take into account the extent to which discovery of documents might become oppressive, and should be astute to ensure that the procedure of discovery is not used as a tactic in th...

3. 2022-02-11 ORC - MOC - in relation to the scope for relief sought by Mr Cocks [pdf, 205 KB]

   ...proposed change, a submission seeking a new or different management regime for that resource is unlikely to be "on" the proposed change.10 13 If the effect of regarding a submission as being "on" a proposed change would be to permit a planning instrument to be appreciably amended without real opportunity for participation by those potentially affected, that will be a "powerful consideration" against finding that the submission was truly "on"...

4. Neho - Muriwhenua Incorporation (2014) 84 Taitokerau MB 189 (84 TTK 189) [pdf, 104 KB]

   ...at the Committee’s 17 December 2013 meeting it resolved that they continue in Mr Neho and Mr Petricevich’s position. At the hearing before me the members of the Committee could not point to any provision in the Act or the Regulations which permitted Mr Subritzky and Mr Everitt to be seconded in this manner. [6] The minutes of the Committee’s meeting of 17 December 2013 suggest that the reason for this secondment was their concern that it would be difficult for four new memb...

5. Deputy Registrar v Trustees of Okahukura 8M2C2C2B Trust - Okahukura 8M2C2C2B Trust (2015) 337 Aotea MB 101 (337 AOT 101) [pdf, 188 KB]

   ...honestly or dishonestly, it will still amount to a breach: Rochefoucauld v Boustead. 15 It will also be a breach even where the profit is made by a third party, including children of the trustee: Willis v Barron. 16 As a fiduciary a trustee cannot permit any conflict between personal interests and the trustee’s duties to the beneficiaries: Boardman v Phipps. 17 Where trustees profit from that role they must then account to the trust for the unauthorised retention of trust c...

6. Director of Proceedings v Smith (Application for Final Non-Publication Orders) [2019] NZHRRT 32 [pdf, 695 KB]

   ...practice across the broad spectrum of the circumstances covered by HRA, s 107, not just applications for final, permanent suppression of information. [90] In our view not all of the many circumstances which might conceivably fit the exceptions permitted by HRA, s 107(3) will have the same significance to the general rule of open justice. Some circumstances will impact on open justice to a greater degree than others. As a consequence the degree of persuasion to satisfy the desirabilit...

7. Couch - Rapaki Māori Reservation 875 Part Sec 6A & Sec 6B1B2C (2016) 37 Te Waipounamu MB 129 (37 TWP 129) [pdf, 205 KB]

   ...the s 2(2) requirement that the Court seek to exercise any discretion in a manner that upholds these principles. 9 [13] A s 135 order removes the PCA’s first right of refusal in relation to alienation of the land, which the Court should not permit lightly. 10 The Court should weigh the PCA’s position on the status change when exercising its discretion. 11 Where the PCA support a status change or make no objection, this will be a weighty factor, but is insufficient on its...

8. Juneja v Kumar [2016] NZIACDT 13 (18 March 2016) [pdf, 116 KB]

   ...job offer that would meet the criteria for applying for a work visa. He provided incorrect advice, and then lodged the application with non-complying documentation; and information showing the complainant had worked outside of the conditions of his permit (without providing an explanation). [2] Mr Kumar gave evidence to the Tribunal that the allegation that an unlicensed person provided advice in his practice was not factual. He said there was no person fitting the description in the co...

9. ENVC Hearing 6Oct14 TGKL case law 1 offsite effects [pdf, 393 KB]

   ...lay, fix and use a water pipeline from the tailrace outfall plume to a support vessel; to install and use moorings for a vessel; to occupy part of the coastal marine area by vessels; and to take water from the outfall plume. In effect, four coastal permits are 20 sought. It is important to record at this point that the Court is not being asked to determine the relevance of any evidence that might be called relating to the passage of vessels in Doubtful Sound or discharges from such vesse...

10. Waitemata DHB v Shalini Sharma (Work Related Gradual Process) [2023] NZACC 39 [pdf, 176 KB]

    ...epidemiological studies on mental health nurses, specifically, from which to conclude the existence of a significantly increased risk in Mrs Sharma’s occupational group. In my view the work does not have enough in common with the above-mentioned workers to permit a reasonable extrapolation. [25] On 7 July 2021, Wellnz declined Ms Sharma cover for a work-related gradual process injury to the left shoulder. This decision was made on the basis that there were no work tasks or fact...