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...proceedings are in each court; 11 MacKay Refined Sugars (NZ) Ltd v NZ Sugar Co Ltd [1997] 3 NZLR 476 (HC) at 482, (1997) 11 PRNZ 295 at 301. (i) whether the law should strive against permitting multiplicity of proceedings in relation to similar issues; and (j) generally balancing the advantages and disadvantages to each party. [31] Addressing what might be called these McKay Refined Sugars tests, I conclude as follows....
...construction fencing shall be established to avoid any impacts from construction works upon fish traps P0S/867 and P0S/988 outside the 11 disturbance footprint" . No works or machinery operations associated with the construction works shall be permitted beyond the temporary construction fencing without the prior written consent of the Regional Archaeologist HNZPT. Should machinery or materials associated with the works be stored, or vehicles associated with the works be parked, off-...
...neither relieved the licensee from the representations she made to the complainant, nor meant that the complaint must be considered under the 1976 Act. Decision of Committee on Orders Relief sought by Complainants [7] The complainants were permitted to file submissions on what, if any, order should be made and, if they sought relief under s.93(1)(f) of the 2008 Act, were required to specify the amount sought with reference to quotations and invoices. It needed to be established t...
...review or other civil proceedings in the High Court. So Mr Nee Harland’s arguments were squarely before me. [43] More importantly, in Henare v Māori Trustee - Parengarenga 3G it was confirmed that an application for rehearing will not be permitted merely for the purposes of repairing omissions in the presentation of an earlier case. 7 By this process it appears that Mr Nee Harland is, in effect, seeking to amend his original pleadings by resubmitting further material concern...
...co-operate Cooperation with auditor To co-operate with the auditor, the provider must: give the auditor access to all relevant documents answer any questions fully, frankly, promptly, and in the form required by the auditor; and permit, and if necessary assist, the auditor to make copies of documents. Reference: Section 92(1) Failure to co-operate with audit The table below outlines the process that takes place if a provider fails to co-operate with an auditor. St...
...most effectively in these contexts.17 It was further argued that this Court is a better alternative to the High Court, which does not necessarily possess these tools. Even if this is correct, it does not allow the Court to go where it is not permitted. Even if the Māori Land Court is the most appropriate forum to resolve this dispute, it can only do so if it has jurisdiction. Whakataunga Decision [38] For these reasons, the Court does not have jurisdiction to determine th...
...block. What is the best overall use and development of the block? [39] As stated, the block is already used for residential purposes and there is an existing occupation order over it. The trustees of the Matapihi-Ohuki Trust have determined to permit further occupation orders to be sought over the block. The location of the block within the city boundaries of Tauranga along with the above factors point to residential purposes being the best overall use and development of parts, if...
...discuss arrangements. The team leader will take responsibility for matters during absences. • An AODT Court lawyer who has recurrent or ongoing scheduling conflicts will be removed from the AODT Court roster. • AODT Court lawyers are not permitted to swap their rostered sessions with other lawyers including other AODT Court lawyers. Any changes must be discussed with and managed via the team leader. • If required and if called upon to do so by the team leader, any AODT Court...
...some of the images forwarded by Miss Wood were objectionable. In another work environment they may have not have been regarded as such but in this case they were. Miss Wood herself recognised that by acknowledging that she would not have been permitted to post the images on the staff notice-board. Her comment on the e-mail that forwarded the attachments also suggests that she was aware that these were not just funny but were, to say the least, questionable. [60] I also find that...
...He was able to work for other players in the industry. For some of the years disclosed in the accounts produced, he earned a good income and indeed substantially more than he would have earned as an employee on salary. In later years he was permitted to charge on a daily or half-daily basis even if he did not work for the full period. He was paid accordingly. There were times when he unilaterally increased his rates and TVNZ agreed to pay the higher rates. [27] Mr McGreal ind...