Search Results

1. 18.-Evidence-of-Dr-Alex-James-Freshwater-Ecology.PDF [PDF, 633 KB]

   ...Quarterly reporting of fish recovery data has been added to condition RFE1, however the requirement to enter data into the NZFFD has not as this is not directly related to effects management. Additionally, all fish relocations will require a permit from Wellington Fish & Game, in case sports fish are captured. In my experience their permits require entry of fish data into the NZFFD anyway. Culvert Design Peer Review and As Built Inspection 103. Mr Brown has suggested the...

2. [2020] NZEmpC 139 KiwiRail Ltd v Mobbs [pdf, 450 KB]

   ...(CA) at 81−82. 24 See in particular Vector, above n 5, per Tipping J. 25 Chartbook, above n 11, at [21]. 26 At [23]. [30] It was in that context that he said the use of “red ink or verbal rearrangement or correction” would be permitted, but that it should be clear something had gone wrong with the language, and it should be clear what a reasonable person would have understood the parties to have meant.27 Rectification principles [31] KiwiRail’s second claim...

3. [2019] NZEmpC 113 Genesys Telecommunications Laboratories Ltd v Scott [pdf, 576 KB]

   ...reallocate the tasks formerly undertaken by Mr Scott to RG; and because redeployment had not been properly considered. In other words, Genesys was the author of its own misfortunes, and should not, when it comes to considering reinstatement, be permitted to have the advantage of its own shortcomings. [116] Mr Eggleston also referred to the well-known dicta in Ashton v Shoreline Hotel, where former Chief Judge Goddard referred to the important criterion that employees are entitle...

4. LCRO Annual Report 2010 [pdf, 517 KB]

   ...benefit from the lawyer’s attendances in responding to the complaint, and that these were independent matters, and that even if the lawyer no longer acted for the Estate, he would still be obliged to respond to the complaint. Clause 6 of the Rule permitted the lawyer to charge for work done “in relation to my Estate or affairs”. The LCRO concluded that responding to a complaint is a matter between the professional body and the lawyer, and it could not be said to be “in relation to...

5. 2022-12-07-Decision-on-Application-to-Remove-Counsel-Assisting.pdf [pdf, 390 KB]

   ...there are no parties, there is no indictment, and there is no trial. There is simply an attempt to establish facts. It is an inquisitorial process, a process of investigation quite unlike a trial. The fact that cross examination by counsel for permitted Interested Parties is allowed does not detract from the inquisitorial nature of the inquiry, nor from the fact that the findings are not conclusive as to the civil or criminal liability of any person. [9] Establishing the facts may...

6. IPT Practice Note 2/2024 Refugee and Protection [pdf, 490 KB]

   ...for which it was sought in the application. (b) The appellant in person, but the appellant will need to attend at the Tribunal’s offices, where facilities will be made available to listen to the recording. An appellant in person will not be permitted to retain a copy of the recording and the CD must not be removed from the Tribunal’s premises. No recording or copying of the CD is permitted. (c) The High Court, Court of Appeal or Supreme Court, on request by the relevant co...

7. Finn and Anor as Trustees of the Angela Poynter Trust v Chen [2011] NZWHT Auckland 40 [pdf, 261 KB]

   ...concern. Mr Taylor submitted that the Tribunal is not at liberty to consider Mr Finn‟s experiences with his former property in determining whether he and Ms Poynter, who is familiar with building survey reports as prudent purchasers. But, I am permitted to consider the circumstances of this purchase and how prospective buyers would ordinarily manage the risk with the purchase of such a home. Ms Poynter stated that she was not familiar with the leaky home problem in New Zealan...

8. [2023] NZEnvC 045 Gray v Dunedin City Council [pdf, 527 KB]

   ...considering loss of rural productivity, both in terms of the effects assessment and in terms of a relevant policy on rural productivity – Policy 16.2.4.2. Ms Peters excludes the planted area because the planting of indigenous vegetation is a permitted activity, although Ms Spalding says the planted area should be included when considering the area of land that would be displaced. Section 104(1)(b) plan provisions Strategic directions chapter [33] We were told that the 2GP polic...

9. [2023] NZREADT 17 - UM v REAA (26 July 2023) [pdf, 250 KB]

   ...the lease documentation because he thought that was what she was seeking. 5. As for whether the tenant stayed open during the lockdowns, Mr Gow said he told the purchaser that as a convenience store, it was deemed an essential service and was permitted to trade during the lockdowns. He did not say that the business had been open and trading during all the 2020 lockdowns. The statement was made while they inspected the property in August 2020 during Level 3 and the store was op...

10. [2009] NZEmpC WC 17A/09 Idea Services Ltd v Dickson [pdf, 138 KB]

    ...it is not relevant to the interpretation and application of s6. In contrast Mr Toogood submitted that the Act does not give any specific guidance about how to assess compliance with s6. [20] Finally, Mr Toogood submitted that if Mr Dickson is permitted to rely on the Act to claim an additional amount for hours worked during sleepovers, this will have the effect of varying the collective agreement to provide an additional contractual entitlement beyond that already agreed between t...