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1. [2017] NZEmpC 127 South Canterbury District Health Board v Sanderson [pdf, 709 KB]

   ...book enables ATs to note shift preferences, inclusive of on-call shifts. The use of the book is variable between ATs. Requests are accommodated where possible, there being few circumstances where a request cannot be fulfilled. ATs are also permitted to swap shifts. [39] At all material times the DHB maintained, and it continues to maintain, accommodation for call-back purposes. The location and nature of this accommodation has varied over the period of the AT’s claim. [4...

2. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

   ...references to NZLC and Dorfliger are used interchangeably (for ease of grammar). They refer to the “builder” without implying liability (at that point). [8] On the 22nd day of May, 2000 Dorfliger acting for NZLC applied for a building consent permitting the construction of the chalet on behalf of the owners. On 7 the 1st day of June, 2000 ODC issued a building consent in respect of the construction of the dwelling. [9] On the 22nd day of May, 2000 after lodging the...

3. LA Terms of Reference - quality and value audits [pdf, 531 KB]

   ...the appropriate Approval/s to undertake such work and complies with any Condition/s of their Approval/s. This applies whether the delegated provider is to be paid or unpaid, and 4.2.5. must ensure that any work delegated to a non-lawyer is of a kind permitted by the policy, and must provide appropriate supervision. CON 3.6 In accordance with section 105 of the Act, the Provider must not take any payments relating to Legal Aid Services or Specified Legal Services unless those 7 Provider Co...

4. LCRO 105/2018 SW v NL (23 August 2019) [pdf, 292 KB]

   ...concluded that Mr NL, when acting on the sale of the property, did so for both Mr RA, and Ms SW. Taking into account that Mr RA and Ms SW were involved in an unresolved relationship property dispute between them, the next question is whether Mr NL was permitted to do so in such circumstances. [129] As discussed above, the test in r 6.1 whether a lawyer is permitted to act for more than 1 client on a matter or transaction is whether “there is a more than negligible risk that the l...

5. Katu v Peni - Tiroa E and Te Hape B (2015) 105 Waikato Maniapoto MB 157 (105 WMN 157) [pdf, 405 KB]

   ...Court. If neither of these steps is taken, and the conflicted trustee participates in decision making, any resulting transaction will be voidable regardless of the fairness or otherwise of that transaction. Indeed, “no inquiry on that subject is permitted”. Likewise, the honesty or otherwise of the fiduciary is also irrelevant. [82] As far as I can determine, the trustees have not put themselves in a position of conflict. The current trustees were not involved in the loan appli...

6. Cao v Tony Tay and Associates Ltd (in liq) [2010] NZWHT Auckland 26 [pdf, 270 KB]

   ...4 Body Corporate No. 189855 v North Shore City Council HC Auckland, CIV-2005-404-5561, 25 July 2008, Venning J. Page | 18 [46] I accept that proprietary seals were permitted but any sealant that was applied to the windows in this dwelling was inadequate and in some places non-existent. It was not applied in a manner that met the requirements of E2/AS1. The presence of appropriate sealing was crucial

7. LCRO 174/2018 GL v TE (18 June 2020) [pdf, 296 KB]

   ...required”, and “access to income”. They would not, however, have access to the capital during their lifetimes.1 [5] For that reason, before Ms HN, the lawyer who acted in the administration of Mr GL’s father’s estate and for his trust, would permit the resettlement, Mr GL was required to retire as trustee, and appointor of his trust.2 [6] On 25 October 2012, Mr GL signed deeds of nomination, variation and retirement, and appointment all prepared by Mr TE whereby Mr G...

8. LCRO 194/2017 MA v NB, OC and PD (20 September 2019) [pdf, 344 KB]

   ...LJ in Hardwick Game Farm v Suffolk Agricultural Poultry Producers Assn Ltd:5 In giving its reasons for judgment [a Court] is not composing a general lecture upon a legal topic: it is setting out as succinctly as the time available for preparation permits, those propositions of law which it considers are correct, and which are essential steps in the decision it has reached in the particular case. It is not obliged to state an answer to the arguments against the propositions of law which...

9. [2022] NZEnvC 160 Tararua District Council v Manawatu-Wanganui Regional Council [pdf, 1007 KB]

   ...discharge treated wastewater to water under Rule 14-30 of the One Plan; (b) Discharge to air (primarily odour) pernut under Rule 15-17 of the One Plan; Application dated 27 August 2018 (application), s 42A Report Planning at [6]. 3 (c) Discharge Permit to discharge partially treated wastewater to land via seepage from pond 1 and maturation ponds under Rule 14-30 of the One Plan; (d) Discharge Permit to discharge tertiary treated wastewater to land where it may enter water vi...

10. [2017] NZEnvC 073 Ngai Te Hapu Incorporated v Bay of Plenty Regional Council [pdf, 28 MB]

    ...container vessel that ran aground on Astrolabe/Otaiti reef (Otaiti) on 11 October 2011. The application was originally to dump the remains (as that term is defined under the RMA). However the Applicant now seeks to "abandon" the remains and permit future discharges of identified contaminants subject to comprehensive conditions of consent. [2] The Applicant is not the owner of the vessel. The intention is to transfer the vessel to the Applicant and to place the Applicant in f...