Search Results

1. [2007] NZEmpC WC 32A/07 Port of Napier Ltd v Maritime Union of NZ Inc [pdf, 76 KB]

   ...will be unlawful and should be nipped even before it is allowed to bud. Although there are risks attaching to any industrial dispute that includes picketing, those must be assessed realistically and balanced against the law’s requirement to permit persons to act lawfully as they have told the Court they intend to. [56] I do not consider that the plaintiff has established an arguable case at this stage that what the defendants might do will be unlawful and should be restrained fro...

2. Director of Proceedings v Radius Residential Care Ltd [2015] NZHRRT 50 [pdf, 310 KB]

   ...Fully integrated multidisciplinary clinical records will be maintained for each client from the point of first contact with the organisation to the end of service. • The clinical records will provide an accurate account of care delivered and permit communication among health professionals. • Clinical records will demonstrate the continuum of service based on an ongoing process of assessment, planning care, setting goals and evaluation. …. 18 5.9 Progress and...

3. Phillips - Ahipara A4 (2021) 438 Aotea MB 10 (438 AOT 10) [pdf, 333 KB]

   ...438 Aotea MB 27 [46] At the hearing Lorraine was assisted by Mereraina Piripi. Both Lorraine and Mereraina confirmed that they understood that it was the trustees who had the power to decide who occupied the house and what activities were permitted in relation to the land. Lorraine also confirmed that she would not undertake any works in relation to the house or the land without first notifying and seeking permission of the trustees. [47] The legal position is succinctly summ...

4. [2017] NZEmpC 130 ALA v ITE [pdf, 402 KB]

   ...consider that his reliance on that defence was opportunistic. As ITE said in his covering email to the newly elected members, he was acting in violation of a Court order. He predicted additional legal action, because it was obvious that he was not permitted to make such a disclosure. [149] His apparent concerns could not possibly give rise to a public interest defence entitling him to make the disclosures. The Court ruled out such a possibility when it granted the compliance or...

5. Practice Note: Family Court specialist report writers [pdf, 908 KB]

   ...party to the proceedings, in order for that expert to be able to give a second opinion or critique on the report requested by the Court. 9.4 Generally disclosure of notes and materials to counsel in order to aid them to prepare their case will not be permitted. However, on application to the Family Court, counsel may be granted access to notes and materials relating to their own clients, but not any other person. 9.5 The Court may release notes and materials after proceedings have been...

6. Kettlewell & Anor as Trustees for the DS Day Trust v Crighton [pdf, 85 KB]

   ...successful, they will seek costs. However in the WHRS jurisdiction, with Parliament clarifying in the “Purpose” section (s3) that the “procedures” are to be “speedy, flexible, and cost-effective”, and including a costs section which 19 permits costs only where there is “bad faith” or lack of “substantial merit”, there seems a presumption against costs, so such warnings are largely meaningless and unhelpful unless there is clear evidence of bad faith etc. [...

7. Rudolph v Reti - Otetao B3A2 [2011] Māori AppellateCourt MB 143 (2011 APPEAL 143) [pdf, 725 KB]

   ...consider the proposal whereby Ronald Reti’s site moved to be closer to the Trust’s area. The Trust also had sufficient opportunity to make its opposition to the proposal known to the Court. [45] Nevertheless, we note that Ronald Reti was permitted to amend his original application without formality of applying for an amendment. Nor did the Court explicitly use its powers pursuant to s 37(3) of the Act to amend the application of its own motion. We have no doubt that the Court...

8. ENVC Hearing 6Oct14 DM expert Dennis Scott [pdf, 364 KB]

   ...(OWCCDS). 60. The Rural 7 Zone – Western Headland provided for “opportunity to develop limited residential and/or visitor facilities where landscape, environmental and/or amenity values are secured”. (My Emphasis) 61. While the predominant, permitted and controlled uses of the Rural 7 Zone ordinance was purposefully limiting and severely constrained development opportunity and density thresholds, the Rural 7 Zone conditional use provisions were considerably more liberal, yet...

9. [2013] NZEmpC 200 Jonas v Menefy Trucking Ltd [pdf, 160 KB]

   ...required to accompany his truck on all ferry crossings. His employment agreement contained no specific provision dealing with the situation but the defendant relies upon cl 9.0 which provides: 9.0 MEAL & REST INTERVALS: Drivers are only permitted meal and rest intervals which are: (i) Required to comply with traffic regulations; or (ii) At the request of the Employer; or (iii) Needed to ensure health and safety, and the Employer has been advised. These meal and rest i...

10. Brooks v Taekwondo Union of New Zealand Inc [2017] NZHRRT 20 [pdf, 333 KB]

    ...personal information has been mistakenly withheld under ss 27 to 29 of the Act does not affect the time calculation under s 40 and s 66(4). It is not a defence that the agency honestly but mistakenly relied on one or more of the withholding grounds permitted by ss 27 to 29 of the Act. Nor can an agency’s lack of familiarity with the Act justify a stretching of the “undue delay” test. Resource issues, while relevant, are not determinative. On the facts, even allowing in favour of...