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1. Fehling v Appleby (Recusal Application) [2014] NZHRRT 11 [pdf, 65 KB]

   ...HRRT028/2012 heard by a differently constituted Tribunal. Mr Fehling’s response to the recusal application [7] In his written submissions Mr Fehling: [7.1] Submits that in these proceedings under the Human Rights Act Mr Appleby should not be permitted to challenge the findings made by the Tribunal in the 4 Privacy Act proceedings or the remedies granted to Mr Fehling. Retaining the same decision-makers will ensure that the facts found in the Privacy Act proceedings are not u...

2. [2008] NZEmpC AC 17B/08 Air Nelson Ltd v NZ Airline Pilots Association IUOW Inc and anor [pdf, 56 KB]

   ...intended strike action”. [25] The plaintiff says substantial compliance with the statutory requirements is not sufficient when strict compliance is stipulated for in the Act. Colloquially, a “near enough is good enough” approach should not be permitted. Mr Toogood submits that the formula used by the union in the notice gave the chief executive no indication of the notice period because the chief executive did not know and could not have known of the date of receipt of the...

3. [2018] NZEmpC 85 Kaikorai Service Centre Ltd v First Union Inc [pdf, 407 KB]

   ...that while the Court may admit such evidence as it thinks appropriate, and whether strictly legal or not, it has been guided previously by the Evidence Act 2006, in particular s 7 dealing with the admissibility of relevant evidence and s 8 which permits evidence to be excluded if its probative value is outweighed by the risk that it would have an unfairly prejudicial effect on the proceeding or needlessly prolong it.3 The plaintiff maintained, therefore, that paragraphs in the brie...

4. 17.-Evidence-of-Mr-Nick-Keenan-Stormwater-Management-Design.PDF [PDF, 432 KB]

   ...contained in condition RSW1). (b) Waka Kotahi 2010 encourages continuous improvement in environmental outcomes, and seeks to avoid adverse effects on sensitive receiving environments while complying with regional plan requirements and discharge permit conditions. Emergency Spill Management – Design Details 34. A third concern raised by Ms Bennett was the absence of spill management references in the Concept Design. This would be from an accident such as a milk/petrol/chem...

5. [2023] NZIACDT 26 - BL v Registrar (10 October 2023) [pdf, 241 KB]

   ...of the statutory grounds of complaint. [33] In respect of the allegation that the adviser did not have written authority to contact Immigration NZ, the Registrar noted that an information sheet completed by the appellant included a condition permitting information to be verified. The verification of information was found to be reasonable. [34] In respect of the allegation of poor communication with the appellant, the Registrar found the adviser had sent an email to the appellant...

6. PC7 Hearing notice (updated) [pdf, 237 KB]

   ...i. Topic: Topic Number: LIST OF PARTIES TOPIC: Decision on the provisions and matters raised in submissions on Otago Regional Council Plan Change 7 (Water Permits) Lodgement: ENV-2020-CHC-000127 Otago Regional Council Initiator Otago Regional Council Michelle Mehlhopt, Wynn Williams & Co - Christchurch, P O Box 4341, DX WX11179, Christchurch Initiator Otago Regional Council Philip Maw...

7. Ohinemango Lands Trust v Waikawa Lands Trust - Waikawa-Pahaoa 1B & 1C 2C 1B (aggregated) (2019) 223 Waiariki 78 (223 WAR 78) [pdf, 343 KB]

   ...also raised concerns about the roadway being used by third parties as access for hunting purposes. However, the intent behind the original order was to enable forestry activities to operate. Counsel submitted that the third parties that are permitted to use the roadway should be restricted to those who require access for forestry purposes only. [29] Mr Koning says all the proposed amendments to the roadway order meet the statutory criteria, to allow the Court to exercise its ju...

8. Buchanan v Guardian Trustees Kareponia All Saints Anglican Church Trust - Kareponia 1A5D1 (2017) 149 Taitokerau MB 252 (149 TTK 252) [pdf, 210 KB]

   ...8 and 9 of the Māori Reservation Regulations 1994 state: 8 Powers of trustees The trustees of any reservation may, subject to any order of the Court,— (a) Authorise activities on the reservation by any person or class of persons: (b) Issue permits in relation to any activity on a reservation: (c) Apply to the Court for any directions in relation to the administration of the reservation, and the powers and obligations of the trustees: (d) Call meetings of interested persons in r...

9. [2015] NZEmpC 123 D’Arcy-Smith v Natural Habitats Ltd [pdf, 174 KB]

   ...[55]. remuneration absent negotiating a higher hourly rate of pay, given the hours that he was working. [43] Mr D’Arcy-Smith was picked up each morning by NHL in an NHL vehicle and taken to the worksite. He also said that he was permitted to take an NHL vehicle home on occasion. Mr D’Arcy-Smith was not required to provide any tools or equipment. All of the tools required to carry out his work were supplied by the company. Nor was he required to provide his own...

10. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

    ...Verbose, ill- drafted pleadings may defeat the purpose of a statement of claim to such an extent that it is an abuse of process. This principle is intended to prevent the improper use of the machinery of a court or tribunal. Pleading should not be permitted to be a means of oppressive conduct against opposing parties. [32] Under the High Court Rules, r 15.1 a statement of claim may be struck out if there has been such an abuse: 15.1 Dismissing or staying all or part of proceeding (1...