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1. Ngati Hine Forest Trust v Manihera - Ngati Hine H2B(2010) 12 Taitokerau MB 176 (12 TTK 176) [pdf, 129 KB]

   ...security surveillance costs of $21,000.00; g) The injunction application was wholly successful. [21] The respondents oppose costs and submit that: a) Mr Manihera is retired and of little means. Conversely, the trust and TPL 4 have considerable resources. Mr Manihera does not consider that Mr Brown should have an order for costs against him and, in light of the injunction being cancelled against Waiomio Downs Logging Limited, no order for costs should be made against that compa...

2. Richards - Karaka Huarua A and B (2010) 10 Taitokerau MB 94 (10 TTK 94) [pdf, 85 KB]

   ...to take into account the cultural, historical and spiritual significance of the land. It will also need to take into account the land’s geographic limitations, particularly its steep and erosion- prone terrain, and any restrictions under the Resource Management Act 1991. The land has no road access and the return of Karaka Huarua B to a Maori reservation will mean that road access through that land is not possible – see s 338(11). Even if it were possible, it would likely be e...

3. AQ v KX & Anor LCRO 274/2013 (17 May 2016) [pdf, 57 KB]

   ...[Company V] and other parties on its behalf. [16] [Company V] was placed into liquidation on 8 February 2013. The liquidator’s first report dated 13 February 2013 noted that [Company V]’s failure was attributed to difficulties in obtaining resource consent for the proposed development and problems with management. It also recorded that substantial funds were raised from overseas investors, whose funds had been paid to a number of companies to develop the project. [17] The rep...

4. [2013] NZEmpC 246 Dunn v Waitemata DHB [pdf, 147 KB]

   ...requested information within the notice period and if it is received, it will be considered by WDHB before your termination date and WDHB may review its decision in regards to such. Yours sincerely [signed] Blair Nugent Human Resources Manager Mental Health Services cc. FACSIMLE: … Mark Ryan Barrister PO Box 941 Auckland [13] This letter was sent by facsimile to Mr Ryan. He wrote to the WDHB on 30 October 2008 indicating that...

5. PA v Standards Committee LCRO 267/2014 (30 June 2015) [pdf, 68 KB]

   ...matters to the Tribunal. The Court noted that: 4 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevented it from being overwhelmed by petty or trivial cases. [38] Several decisions from this Office have emphasised the need for this Office to proceed with caution when considering whether or not to inter...

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. [2018] NZEmpC 59 Nel v ASB Bank Ltd [pdf, 329 KB]

   ...bar. [Then follows a passage which is the subject of a non-publication order, as issued in Nel v ASB Bank Ltd (No 4) [2018] NZEmpC 64]. Mr Reilly is an intended witness, and his brief of evidence refers to the same event. Ms Restall, a human resources (HR) professional, also comments on this evidence from an HR perspective. She will say that she was contacted by Ms B on 20 April 2018 about this matter, going on to refer to these and other circumstances for the purposes of expres...

8. Evidence Brief: CCTV [pdf, 289 KB]

   ...For example, the New Zealand Police use CCTV to monitor traffic flow and to identify and remove hazards to motoristsix. The New Zealand Police also use CCTV to monitor large events, and if still operational, to assist with the deployment of resources following disasters such as major earthquakes. Medical assistance Operators of actively monitored CCTV can alert medical services to people in need of assistance in emergenciesviii. Reducing fear of crime The literature...

9. [2020] NZEmpC 199 Canterbury Westland Kindergarten Assoc Inc v Barnes [pdf, 297 KB]

   ...While a high costs award may be appropriate in some cases, routine awards of this sort of magnitude would likely undermine the statutory objective of accessibility. And, while parties are entitled to make their own decisions about the extent of resource they wish to apply to presenting or defending a matter in the Authority, that does not mean that their decisions are automatically visited on the other party. [30] Having regard to the particular features of this case I am satisfied t...

10. Lake - Ngarara West B3B Trust (2003) 134 Aotea MB 20 (134 AOT 20) [pdf, 415 KB]

    ...does not mean the land is not of significance to the beneficial owners, their whanau and hapu. So is the case with Ngarara West 838. Evidence was given that the Land cannot produce revenue for the Trust on an ongoing basis. The Trustees, with the resources available to them, appear to have attempted to manage the Land to the best of their abilities and those efforts are acknowledged. They have attempted to hold hui and report to the owners from time to time. The Trustees have been hampere...