Search Results

1. [2015] NZSSAA 014, 13 March [pdf, 58 KB]

   ...have been no documentation of this and there is no precise figure as to what is owing. [42] Not only does XXXX pay for the outgoings on the house, including the power, but she also pays for the running expenses in relation to the car. XXXX is permitted to use the vehicle. [43] Moreover, while it is alleged that the appellant and his wife cook and eat separately, we infer from XXXX evidence that there is an understanding between them that XXXX is able to consume whatever f...

2. (9) Hamilton City Council [pdf, 321 KB]

   ...wetland may be necessary. 19. Relevantly, the ongoing maintenance of infrastructure wetlands for treating stormwater is ordinarily required through conditions of resource consent for stormwater discharge, issued by WRC, or are controlled by permitted activity standards in the Waikato Regional Plan3. 2 Gross pollutants include litter such as plastics, paper, cans, pieces of wood and other detritus that gets dropped or discarded in road corridors or carparks and becomes e...

3. [2022] NZEmpC 64 Courage v Attorney-General [pdf, 229 KB]

   ...case, absent a copy of the documentation requested. Finally, it is notable that the Guidelines for Remote Viewing of Hearings14 which apply to any hearing in respect of which the Court has made a direction that remote viewing of the hearing is permitted, sets out a number of restrictions that must be complied with,15 but provides that the usual courtroom etiquette in relation to note-taking does not apply.16 It follows that had the technological difficulties not occurred, the Trus...

4. BORA Building Bill - Preliminary [pdf, 55 KB]

   ...court order to this effect. Cost recovery may be achieved through the destruction, sale, or disposal of any materials that result from the carrying out of the work. 20. Clause 55 gives rise to an issue with section 21 of the Bill of Rights Act as it permits the confiscation, or seizure, of another person's property. The general power conferred by clause 55 will only apply where the right to recover costs has been established, and would follow a court order authorising the relevant...

5. E45 Glen Wright - Lighting - EIC - Council [pdf, 764 KB]

   ...provided and therefore no light effects assessment calculations had been provided. Therefore, the control of adverse effects from BAU, base building, construction and event lighting would be reliant on the final lighting designs complying with the permitted activity standards in Chapter E24 Lighting in the Auckland Unitary Plan – Operative in Part (AUP). 7.4 While the absence of a detailed lighting design to review was not ideal, I stated that I was confident that lighting solutio...

6. [2007] NZEmpC AC 60A/07 X v Bay of Plenty DHB [pdf, 47 KB]

   ...the Authority conducts its business and does not include outcomes, substantive or interim, and certainly not a determination of its jurisdiction. … [54] … The Authority's “powers” are set out in s 160 and under subs (1)(f) it is permitted to follow whatever “procedure” it considers appropriate. It is decisions made pursuant to that general procedural power that we consider is contemplated by reference to “procedure” in s 179(5). … [17] In Oldco...

7. [2015] NZEmpC 210 Allied Investments Ltd t/a Allied Security Ltd v Marriott [pdf, 214 KB]

   ...8 Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2015] 2 NZLR 494 at [97]. needed to be wearing a high visibility jacket and boots as a health and safety requirement, and that visitors to the guardhouse were not permitted to access PEL’s computer system. What constituted “the site” is a topic to which I shall return shortly. [47] Next, I consider the circumstances leading up to the incident which is the focus of the challenge. By late 20...

8. [2010] NZEmpC 45 Miller v Fonterra Co-op Group Ltd [pdf, 38 KB]

   ...exceptions provided for in s 162(4) of the Companies Act did not apply because neither Kiwi nor KPML had constitutions which expressly authorised the giving of such indemnities and any indemnity given would be for criminal liability which was not permitted. He also submitted the plaintiff’s claim was not to indemnify the plaintiff for any liability he may have to third parties but in respect of losses he himself has suffered. Mr Rooney referred to a second affidavit of Mr Matthe...

9. BO v NC Ltd [2024] NZDT 13 (30 January 2024) [pdf, 219 KB]

   ...reasons. First, the loss is of a subjective nature and the extent of intangible harm is difficult to prove and to price. If measured, any award is open to criticism on the basis that the outcome is unpredictable, or contains a punitive element not permitted in calculating loss for breach of contract. 35. Leaving aside these practical issues, there is a more fundamental policy concern against such awards. Contracts often give rise to stress, particularly where personal, social or famil...

10. Harawira v New Zealand Management Academies Limited & McAuley (Strike Out) [2024] NZHRRT 59 [pdf, 249 KB]

    ...decision to strike out his claim to the Court of Appeal. The appeal was dismissed with the following observations regarding conduct in judicial proceedings: [17] Limits are enforced because it is inimical to the administration of justice to permit abusive behaviour in a public forum where speech is protected by absolute privilege. Misuse of the judicial process causes unfairness for others involved, including the opposing party. It also undermines public confidence in the administra...