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1. Sherard v Devereux and others - Otakanini Māori Reservatio (Haranui Marae) (2016) 140 Taitokerau MB 60 (140 TTK 60) [pdf, 243 KB]

   ...14 Affidavit of Tracey Hill, sworn 19 October 2016, at [8]. 15 See Wellington International Airport Ltd v Air New Zealand Ltd HC Wellington CIV-2007-485-1756, 30 July 2008 and Cayne v Global Natural Resources plc [1984] 1 All ER 225. 140 Taitokerau MB 70 [46] Mr Robertson argues that the trustees are seeking to complete the renovations on the Marae which are desperately required, and which are for the benefit of all the benefic

2. [2016] NZSSAA 74 (18 July 2016) [pdf, 113 KB]

   ...the applicant that are essential and not reasonably avoidable. 1.4 That in considering any application for special benefit, consideration should be given to- (a) The applicant's ability to meet the Deficiency from the applicant's own resources; and (b) The assistance that is or might be available to the applicant from other sources to meet the applicant's Deficiency, [40] Clause 3.3(a)-(h) of the Direction requires the Chief Executive to have regard to a number...

3. Churton v Trustees of the Mangaporou Trust (2015) 337 Aotea MB 131 (337 AOT 131) [pdf, 219 KB]

   ...such as rentals, that are derived from the retention, use and development and control of the trust lands… Clearly the Churtons have been demanding lessees. … Any further occupation by the Churtons will be demanding of the limited trust resources, relative to any new lessee who will comply with a new lease agreement. That cannot be in the best interests of all the owners, their whānau, hapū or descendants. [32] I agree that the applicant’s future interest must be weighed...

4. Edwards v ACC [2013] NZACA 10 [pdf, 61 KB]

   ...to Friday, with full time carers looking after him, and Ms Edwards cared for Geoffrey from Saturday to Tuesday. [14] From 2000, when Geoffrey was 20 years old, he attended the Eastern Institute of Technology three days a week and the Disability Resource Centre two days a week. He lived with his parents from Saturday to Monday and with paid carers in Napier from Tuesday to Friday. [15] Ms Edwards said in her statement of evidence and at review, that she had planned on having three ch...

5. [2016] NZEmpC 13 Adams t/a Untouchable Hair & Skin v Brown [pdf, 171 KB]

   ...employment relationship and because employees may in certain cases be motivated in part by the desire for vindication. As this Court has previously said a “steely” approach is required. It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. Where defendants have acted reasonably in su...

6. Prakash v Zhou [2014] NZIACDT 117 (28 November 2014) [pdf, 191 KB]

   ...person’s control does not trigger professional disciplinary consequences is self-evident. The usual point of difficulty is what is controllable, proper control often requires that a professional person maintain proper control over employees and resources within a practice. Regardless, there are occasions when professional persons are blameless victims of deception, or other circumstances, and that does not trigger professional disciplinary consequences. [36] In the present case, the...

7. E7 Graeme McIndoe - Urban Design - EIC - Applicant [pdf, 2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL-000078 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant AND AUCKLAND COUNCIL Regulatory Authority EVIDENCE OF GRAEME ROBERT MCINDOE ON BEHAL...

8. [2013] NZEmpC 4 Dalley v Norrell Building Ltd [pdf, 106 KB]

   ...Company failed to provide Mr Dalley with a written employment agreement as required by s 63A(2) of the Act. There was, however, no evidence that this failure was wilful or that it had any adverse consequences for Mr Dalley. The Company has limited resources and its culpability with respect to this breach of the Act was minimal. In all the circumstances, and having regard to the fact that remedies are being awarded against the Company for the unjustifiable dismissal, I decline to...

9. [2013] NZEmpC 32 Piefection Foods Ltd v Hume [pdf, 133 KB]

   ...serious, but unsubstantiated allegations about Mr Hume's conduct towards its female staff. [6] Piefection Foods Limited did not constructively assist in resolving the employment relationship problem in a timely, economic and efficient way. Resources of Ian Hume and the Authority were wasted as a result of the conduct of the respondent noted in the appendix to this report. [6] Having regard to the report and the comments made by the parties on it, I am satisfied that the...

10. Nukutere Lands Trust v Trustees of Whitikau A1 – Opape 28 (2013) 70 Waiariki MB 272 (70 WAR 272) [pdf, 1.4 MB]

    ...Waiariki MB 307 their detriment will not be as great as that which will afflict the Parkinson’s; s) Reasonable access to Opape 28 is available by horse or foot via the OMR as physical access must be adequate for the properties permitted resource management purposes as ruled in Kingfish Lodge (1993) v Archer.35 In this case, the Kawenata lists the permitted activities as hunting, trapping, gathering medicinal herbs and the reserved rights of the grazing license. Therefor...