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1. E44 Richard Simonds - Groundwater - EIC - Council [pdf, 753 KB]

   ...Expert Witnesses (Code) outlined in the Environment Court’s Consolidated Practice Note 2014 and have complied with it in preparing this evidence. I also agree to follow the Code when presenting evidence to the Court. I confirm that the issues addressed in this brief of evidence are within my area of expertise, except where I state that I rely upon the evidence of other expert witnesses. I also confirm that I have not omitted to consider material facts known to me that might alt...

2. EG & GE v QD [2021] NZDT 1608 (10 August 2021) [pdf, 194 KB]

   ...$1767.00 on or before 10 September 2021. 2. EG and GE are to organise the construction of a closed paling timber fence on the shared boundary between [Property 1] and [Property 2] as per the details provided in the quote provided by [Property Services Company] dated 17 April 2021 as soon as possible given the availability of the contractor. 3. If access to [Property 2] is required to carry out the work to build the fence EG and GE and their contractors are authorised, with any equ...

3. MO & SO v QC Ltd [2022] NZDT 157 (28 September 2022) [pdf, 142 KB]

   ...contract may have been the ‘final straw’ for the pool, but that does not mean that the works were the primary cause of the failure. It also does not necessarily mean that TI breached their duty of care to MO and SO or failed to provide their services with reasonable care and skill – these issues will be addressed below. Did TI breach its duty of care to MO and SO and did TI carry out its work with reasonable care and skill as per the Consumer Guarantees Act 1993 (‘CGA�...

4. Tana v Mahanga - Pukahakaha East 5B (2022) 254 Taitokerau MB 174 (254 TTK 174) [pdf, 310 KB]

   ...the judicial conference ; [17] Following this; (a) Ms Wilson and the Pukahakaha Trust would have one month to reply to the evidence and new application and; (b) the matter would then be set down for a further judicial conference or hearing to address the applications before the Court. [18] The Court also made it very clear that it was not going to be dealing with mandate issues, or inter-hapū issues. 254 Taitokerau MB 178 [19] A new application A20220011759 and an Affida...

5. [2019] NZEmpC 167 Bradley v Ngāti Apa Ki Te Rā Tō Charitable Trust [pdf, 424 KB]

   ...who had available capacity, and covered the responsibilities of the Chief Executive, should be remunerated for doing so. That was relevant for the manager who later became the focus of attention over payments made to the company providing her services. [16] At a date that remains unclear, but was probably at around the time of the Board’s resolutions in mid-April, Mr Wilson made a separate agreement with the manager for increased remuneration for taking on extra work for a peri...

6. [2014] NZEmpC 33 Fox v Hereworth School Trust Board No 3 Interlocutory [pdf, 120 KB]

   ...representative, then the information provided and the circumstances of its publication by the emails may be relevant to any remedies to which the plaintiff may be entitled. [9] The plaintiff relies on the judgment of this Court in Matthes v New Zealand Post Ltd (No 1). 2 This judgment does not really assist the plaintiff, however. It confirms that relevance to the issues pleaded underpins the document disclosure and inspection regime now under the Employment Court Regulat...

7. UJ v OO LCRO 143 / 2012 (9 April 2013) [pdf, 107 KB]

   ...OO noted that the document complained of by Mr UJ was prepared by Ms UK’s legal representatives and not him, or any other lawyer at Law Firm A. Mr OO pointed out that the legal representatives for Ms UK were specified on the document as the address for service. [15] Mr OO stated that his certification of the Notice of Claim pursuant to s 42 of the Property (Relationships) Act 1976 was at the specific request of Ms UK’s legal counsel and for LINZ purposes only. Mr OO stated...

8. LCRO 10/2016 CT v WN (31 October 2018) [pdf, 255 KB]

   ...The critical statements The Committee did not:5 accept that Mrs CT told Mr WN, prior to receiving the strike out decision, that the critical statements or any such similar statements were made to her by ACC. These were matters which Mr WN knew were critical to the claim and therefore specifically questioned her about in the process of drafting the claim. Had these matters been previously raised with Mr WN, we would expect there to be a record of this on his file, which was extensi...

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

   104 Taitokerau MB 249 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20060028654 UNDER Section 322, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Te Konoti B3SB & 5 Others BETWEEN THERESA MASON ROBYN STONE-MASON Applicants A20110011466 UNDER Section 322, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Konoti B3 South E1A & Konoti B3 South E1B AND BETWEEN RONALD ALISTAIR NEWMAN Applicant...

10. Bailey v The Māori Trustee - Te Riri A Te Hore 2 (2014) 322 Aotea MB 67 [pdf, 156 KB]

    ...his alleged failings in relation to the proper administration and protection of the land. They submit that the issues around the condition of the land were initially raised with the Māori Trustee three years ago, and that he was allowed time to address those matters with the lessees before the expiry of the lease. The Māori Trustee therefore had ample time to pursue proceedings against the Slights but failed to do so. [13] The applicants further argued that in separate proceedings...