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1. Waikato Bay of Plenty Standards Committee 1 v Campion [2019] NZLCDT 20 [pdf, 582 KB]

   ...indicated that the only evidence it would accept from Mr Campion was the oral evidence which had been given by him on 12 March and transcribed, and in respect of which he was to be cross-examined at the 14 May hearing. No further evidence was permitted to be filed by the practitioner because of his flagrant disregard of previous directions. [19] Because the hearing had to resume with two changes of members, the Tribunal determined that it should start the matter afresh on the basis...

2. [2021] NZEmpC 117 Zara’s Turkish Ltd (in liquidation) v Kocaturk [pdf, 378 KB]

   ...Mr and Mrs Kokcu, and Mr Akbaba, all said that the previous arrangements were revised when Mr Kocatürk arrived in New Zealand and not before. [37] What was not disputed is that an amendment to Mr Kocatürk’s visa was made in February 2010 permitting him to work for Zara’s Turkish. By that time, he had been in the country for several months. [38] What happened from October 2009 until mid-March 2010 is a significant part of Mr Kocatürk’s challenge. Mr and Mrs Kokcu sai...

3. [2013] NZEmpC 39 Rittson-Thomas t/a Totara Hills Farm v Davidson [pdf, 150 KB]

   ...only justified if an employer’s business was failing. The Labour Court’s conclusion was, therefore, that the dismissal was unjustified. [50] The Court of Appeal in GN Hale held against the Labour Court’s assertion that redundancies are only permitted in failing businesses. Importantly for present purposes, the Court of Appeal made it clear that it was not for the Court (or now the Authority) to substitute its decision for that of the employer on these questions. So, in prac...

4. Wellington Standards Committee v Laglolago [2015] NZLCDT 25 [pdf, 325 KB]

   ...information, or matter would be admissible in a court of law. (2) The Disciplinary Tribunal may take evidence on oath, and, for that purpose, any member of the Disciplinary Tribunal may administer an oath. 9 (3) The Disciplinary Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and verifying that statement by oath. (4) Subject to subsections (1) to (3), the [Evidence Act 2006] applies to the Disciplinary Tribunal...

5. Aldridge & Ors as Trustees of the SL & KM Aldridge Family Trust v Boe [2012] NZWHT Auckland 27 [pdf, 202 KB]

   ...stage had been reached with the building work. Mr Flay, giving evidence for the Council, said such a property visit was a s 41 (Building Act 1991) audit. It was not a final inspection commissioned by the property owner. [49] The Council’s permit consents and its building inspections undertaken up to September 1997 are all time barred. [50] The claimants allege that the Council was negligent in its property inspection in early 2000 in not observing the ground clearance d...

6. Mason - Te Konoti B3SB (2015) 104 Taitokerau MB 249 (104 TTK 249) [pdf, 356 KB]

   ...of support for the application among the owners having regard to the nature and importance of the matter and having regard to the principles in the Preamble, s 2 and s 17 of the Act. There is no room in our opinion for an approach which would permit the encumbering of Māori land without the owners’ knowledge or consent. [58] Consequently, whichever approach is taken to the issue of consent the Act ultimately point the Court to an inevitable weighing up of the sufficiency of the...

7. [2018] NZEnvC 202 Waikato Regional Council (Integrated Catchment Management Directorate) v Waikato Regional Council [pdf, 6.3 MB]

   ...consent to: Consent type: Consent subtype: Activity authorised: Location: Map Reference: Consent duration: Waikato Regional Council (Hamilton Office) POBox 4010 HAMILTON EAST 2032 (hereinafter referred to as the Consent Holder) Discharge permit Discharge to water Discharge water from Lake Waikare for lake level control Waikare Gate & Canal NZMS 260 S13:060-195 Granted for a period expiring on the 35th anniversary of the date of commencement Subject to the follo...

8. [2022] NZREADT 4 - CX v REAA (5 April 2022) [pdf, 324 KB]

   ...to us. We cannot guarantee its accuracy as we have not checked, audited, or reviewed the information and all intending purchasers are advised to conduct their own due diligence investigation into this information. … To the maximum extent permitted by law we do not accept any responsibility to any party for the accuracy or use of the information herein. [11] In respect of the water supply, the property report stated:4 Three water tanks, fed from the [Redacted] District Water s...

9. [2019] NZREADT 59 - Keene & Sharma (17 December 2019) [pdf, 267 KB]

   ...to how far they may assist a party other than their client. He submitted that on this interpretation, the line is to be drawn by reference to a potential entitlement to commission. As Mr Mortimer put it, “puffery” from a licensee would be permitted, but if a licensee acts in a way that would (in theory) attract commission, then the line is crossed and r 9.14 is engaged. [53] Mr Rea filed submissions in reply. He submitted that the Authority’s interpretation of r 9.14 had t...

10. Legal Aid Practice Standards [pdf, 487 KB]

    ...specific consent of the court to release the report has been obtained. Protecting the Commissioner’s interests 24. A lawyer must: 24.1 Take all reasonable steps to protect the interests of the Commissioner under a charge, including not doing or permitting anything that would or might effect the transfer of the property without the charge being satisfied (section 107(2)(a) and (b) Legal Services Act 2011) 24.2 Advise the Commissioner if he or she is aware that an aided person has, i...