Search Results

1. Taylor Fry feasibility report on long-term investment approach [pdf, 2 MB]

   ...welfare, in partnership with the Ministry of Social Development (MSD). We provided initial actuarial advice on the feasibility of the approach, available on MSD’s website: https://www.msd.govt.nz/documents/about-msd-and-our-work/publications- resources/evaluation/taylor-fry-ia-feasibility/taylor-fry-feasibility-of-an-ia-for-welfare-report.pdf We have since completed four valuations of the welfare system, also available on MSD’s website. The most recent valuation, as at June 2014, i...

2. [2022] NZEnvC 060 Eden-Epsom Residential Protection Society Inc v Auckland Council [pdf, 1.2 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 060 IN THE MATTER OF an appeal under clause 14(1) of Schedule 1 of the Resource Management Act 1991 against a decision on Proposed Plan Change 21 to the Auckland Unitary Plan BETWEEN EDEN-EPSOM RESIDENTIAL PROTECTION SOCIETY INCORPORATED (ENV-2020-AKL-079) Appellant AND AUCKLAND COUNCIL Respondent AND SOUTHERN CROSS HOSPITALS LIMITED Requestor AND KAINGA...

3. [2018] NZEmpC 121 Solid Roofing Ltd v Newman [pdf, 223 KB]

   ...it only called one of the witnesses with the other not attending. The final conclusion is that the plaintiff did not constructively assist and resolve the employment relationship problem in a timely, economic and efficient manner. As a result, resources of the defendant (the applicant before the Authority) and the Authority were wasted. [7] The statement in reply was required to be filed by the plaintiff in the Authority within 14 days of service of the statement of problem up...

4. [2019] NZEmpC 190 Maddigan v Director-General of Conservation [pdf, 304 KB]

   ...to drive for work purposes. He accepted that he had signed the Safe Driving policy in 2009/2010 and had been advised that his manager should be alerted if he received any vehicle infringements. [8] Notes were taken at the meeting by the human resources manager. A copy was provided to Mr Maddigan following the meeting and he made a number of suggested changes to them. It is apparent that no issue was taken in respect of the suggested changes at the time or subsequently. Rather,...

5. [2015] NZSSAA 033, 12 May [pdf, 45 KB]

   ...immediate need is to be identified. In particular, it provides that the Chief Executive must have regard to the effect on the beneficiary or any dependent child if the need is not met and the beneficiary’s ability to meet the need from their own resources. [25] The appellant suffers from a condition which seriously affects his mobility. Not having a motor vehicle would also impact on his wife and the children living in his household. In particular, we note the need for the appell...

6. Baigent v ACC [2011] NZACA 3 [pdf, 166 KB]

   ...Revenue v Walker [1963] NZLR 339, 353- 354 (CA); Edwards v Bairstow [1995] ALLER 48, 57. [25] Even if the qualifying criteria are made out, the Court has a discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: e.g. Jackson and Kenyon above.” Appeal Authority’s decision [5] The issue...

7. HC v X Ltd [2023] NZDT 391 (13 September 2023) [pdf, 207 KB]

   ...warranty that it caused works to be done without obtaining a building consent when one was required? 4. HC claimed X Ltd breached clause 9.2(5) of the agreement where the vendor warranted that for any works it had done, it had obtained ‘any permit, resource consent, or building consent required by law”. 5. NN, director of X Ltd, considered a building consent was not required because the existing bathrooms were only renovated prior to the sale and there was no movement of the wat...

8. [2022] NZEmpC 26 Tupe v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 192 KB]

   ...that he will be unable to pay costs.12 Only then can Mr Tupe’s failure to provide a strong rebuttal can be considered.13 [20] I am not satisfied that the Trust has provided any such evidence. Ms McLean’s belief that he would not have the resources is based on speculation, not any actual knowledge of his circumstances. Accordingly, no rebuttal is required from Mr Tupe. [21] I do not consider that the fees charged by Mr Austin are an appropriate basis for concluding Mr Tupe w...

9. [2013] NZEmpC 213 Dr X v a District Health Board [pdf, 73 KB]

   ...where justified vindication of a reputation is a material factor in the litigation… there will be cases where disproportion is justified in the Court’s overall discretion. [13] However, the value of the litigation to one party and the resources they are prepared to apply to it must be balanced against the other party’s interests. [14] Even taking the matters identified by the applicant into consideration, total costs in excess of $60,000 on an application for non-publi...

10. [2015] NZEmpC 16 NZ Meatworkers & Related Trades Union Inc v Alliance Groups Ltd [pdf, 96 KB]

    ...choice and it is appropriate that a successful party be recompensed for the reasonable cost of such representation. Equally, it is open to a party to engage more experienced or skilful counsel than the case might warrant or to devote additional resources to the matter over and above that reasonably required. Where a party chooses to do that, however, it cannot expect to recover from an unsuccessful opponent the additional cost incurred.