Search Results

1. [2019] NZEmpC 192 Johnson v Chief of the New Zealand Defence Force [pdf, 394 KB]

   ...amount he spent on IT advice from Mr Howard ($1,201.75), and legal advice from Ms Lear ($10,663.30). [164] Mr Lucie-Smith did not advance any submissions with regard to this aspect of Mr Johnson’s claim. [165] Section 123(1)(b) of the Act permits, when a grievance has been established, reimbursement of “other money lost by the employee as a result of the grievance”. [166] This issue was discussed in Hall v Dionex Pty Ltd, where it was found that there may be limited circum...

2. Abraham v Auckland City Council [pdf, 111 KB]

   ...all cases of negligence is that of the reasonable man (sic). The defendant, and indeed any other council, is not an insurer and is not under any absolute duty Claim No. 3368 - Determination 16 of care. It must act both in the issue of the permit and inspection as a reasonably prudent council would do. The standard of care can depend on the degree and magnitude of the consequences which are likely to ensure...” (emphasis added) [48] Council inspectors are not expected...

3. Faulkner v Deputy Registrar - Allotment 5 Parish of Tahawai [2010] 2010 Maori Appellate Court MB 643 (2010 APPEAL 643) [pdf, 252 KB]

   ...make submissions. If anyone had that right, he submitted, it was the trustees of the land and they had forgone their opportunity to appear. [22] Ms Zame pointed out that Mr Faulkner had named the Council as respondent and the Council had been permitted to make submissions before the lower Court. Mr Rupe responded that the act of naming the Council was simply a formality and did not cloak it with a right to be heard. [23] At the hearing we allowed the Council to participate. We di...

4. Donaldson v Hemi - Whaanga 1D1D Roadway (2021) 230 Waikato Maniapoto MB 168 (230 WMN 168) [pdf, 3.9 MB]

   ...easement over their share in the land.22 Mr Harrison goes on to say that the Ritchie’s rights over the G track are limited by cl 10(d) of the registered cross lease to “the purposes of access for pedestrians”. This means that the Trust can permit pedestrian access over the G track without consent of the Ritchie family. I also accept Mr Hemi’s evidence that he is committed to the G track providing the best solution for everyone. That must be the case since, if the Trust sou...

5. Directory of Official Information J-L [pdf, 792 KB]

   ...• leveraging the company’s core competencies by entering into long-term leasing of land for dairy and sheep and beef farming • optimising the company’s genetic capability by marketing its genetically superior sheep, beef and deer • to permit wind farming on its properties as an adjunct to its core farming business and where appropriate, for the purpose of supplying primarily its own energy needs, to develop, operate and own small scale wind turbines on its properties, whether...

6. Ryang v Auckland Council [2011] NZWHT Auckland 21 [pdf, 282 KB]

   ...soakings. While Mr Jones and Mr Wiemann had some doubt as to whether such retro-fitting was good trade practice, Mr Smith gave evidence that it was a proper installation. Indeed Mr Smith was involved in writing the EIFS installation material permitting such retro- fitting. [91] Mr Stone, who was a Council officer, gave evidence that at the time of his inspection during construction the builder told him that he intended to apply the “PutzTechnik solution 300” cladding. T...

7. [2023] NZEnvC 193 Brial v Queenstown Lakes District Council [pdf, 5.3 MB]

   ...of�natural�materials�such�as�timber,�steel�or�stone�and�to�be�consistent�with�traditional�rural� elements.� � i)� Access�to�the�allotments�is�to�be�of�gravel�formation�with�swale�edge�as�necessary.�Concrete� kerb�and�channel�is�not�permitted.�� � j)� All�landscaping�as�shown�on�the�plans�stamped�as�approved�by�condition�one�(1)�of�RM181560� shall� be� maintained� by�...

8. [2019] NZEmpC 144 CBA v ONM [pdf, 577 KB]

   ...comprehensive RTW plan with the assistance of a private mediator. They are to be commended for concluding what was, in the circumstances, a significant agreement. It was accordingly unnecessary for the Court to consider making an order directing ONM to permit CBA to return to work immediately, as had been pleaded. [16] I mention a final preliminary point. In the first interlocutory judgment, I directed that an interim order on non-publication of name and details, which had been...

9. Research into the New Life Akoranga Programme of the Mahi Tahi Trust [pdf, 649 KB]

   ...with tikanga Mäori it gives the tangata whenua (the inmates) an opportunity to welcome their manuhiri (the mentors) into their environment. Secondly, it accords the mentors tangata whenua status; passing to them control of subsequent proceedings and permits them to come into the prison to share their knowledge. Everywhere we go we are prepared for, and most times we expect to be given, a pöwhiri. It just makes everything tika and it shows the bro’s that we come in peace. The wairua will...

10. [2017] NZEnvC 180 Ngai te hapu Incorporated v Bay of Plenty Regional Council [pdf, 1.4 MB]

    ...the Court. THE ASTROLABE COMMUNITY TRUST is hereby granted the following resource consents: a) To abandon the remains of the MV Rena, its equipment and cargo and associated debris on Otaiti, in the Coastal Marine Area, Bay of Plenty; and b) To permit any future discharge of contaminants (including harmful substances) from the MV Rena, its equipment and cargo and associated debris to the Coastal Marine Area, Bay of Plenty, subject to the following conditions: A. Purpose, scope and p...