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1. [2006] NZEmpC CC 7/06 NZ Meatworkers Union Inc v Alliance Group Ltd [pdf, 156 KB]

   ...required to perform specific work and are paid accordingly. Again, in common usage, it would be difficult to categorise the employment as being “continuous” in the sense of unbroken, uninterrupted, or connected throughout the off season. [101] Overall, we find the Holidays Act favours the defendant’s position. The case law [102] We are not persuaded by Miss French’s submission that we should adopt the dissenting judgment of Goddard CJ and reject the majority ju...

2. [2010] NZEmpC 4 Lewis v Howick College Board of Trustees [pdf, 156 KB]

   ...issues and to report to the full Board who were not so conflicted in their roles. Teaching cases in which this necessary avoidance of the appearance of bias is illustrated, include NZPPTA v Board of Trustees of Kelston Boys’ High School 1. [101] Mrs Simmons’s continued participation as a decision maker, and even more particularly as an influential decision maker, in her role as subcommittee and Board chairs, is not how a fair and reasonable Board of Trustees employer in these...

3. 2017 Ministry of Justice Annual Report [pdf, 3.7 MB]

   ...engagement with the Crown COMPLETING 24 ANNUAL REPORT 2016–17 Mandate recognised Terms of Negotiation signed Agreement in Principle signed Deed of Settlement initialled Deed of Settlement signed Legislation introduced Legislation enacted 4 102 1015 84 726 83 664 57 2 4 5 Treaty Settlement Process IN 2016–17 OVERALL 91% 74% 60% 61% 53% 46% 88% 26 ANNUAL REPORT 2016–17 ANNUAL REPORT 2016–17 27 COLLABORATION: HELPING EACH OTHER TO SUCCEED ADMINISTE...

4. Taylor v Corrections [2018] NZHRRT 35 [pdf, 308 KB]

   ...may not present challenge or difficulty, there will be cases in which context will be everything and that the ambit of disclosure will be controlled by the degree to which the context of the request is disclosed by the person making the request. [101] An agency (as here) faced with an “everything” request couched in general terms and which discloses nothing as to the purpose or context of the request is not required to speculate as to what the actual context might be. It is the req...

5. [2020] NZEmpC 62 Gibson-Smith v Ministry of Business, Innovation and Employment [pdf, 388 KB]

   ...statement in the new IEA altering the scope or description of duties which had applied to Mr Gibson-Smith for many years. This agreement also provided for variation of terms, provided these were in writing and approved by the parties: cl 4. [101] The reality was that Mr Gibson-Smith undertook the same duties thereafter, as he had undertaken for MBIE previously. Accordingly, the various statements in the IEA could not be construed as an agreement between the parties that there woul...

6. Wairakei Pastoral Limited [pdf, 452 KB]

   ...activity rules, low intensity farming and horticultural activities (not including commercial vegetable production), with low risk of diffuse discharge of those contaminants to water bodies, and requiring resource consents for all other activities 101. Amend Policy 2(a) as follows: Requiring farming activities with a Nitrogen Leaching Loss Rate within the Moderate Nitrogen Leaching Loss range set out in Schedule B Table 1 to obtain a resource consent, and to demonstrate that either the...

7. Justice Sector forecast 2011 to 2021 update quarter ending June 2012 [pdf, 1.3 MB]

   ...Conditions 1,061 993 -6.4%  Post-Detention Conditions 583 611 4.8%  Total starts on non-custodial orders 2,150 2,134 -0.7%  Difference Number of ‘starts’ on Expectation Actual Parole 2,145 2,018 -5.9%  Release on Conditions 4,364 4,101 -6.0%  Post-Detention Conditions 2,517 2,410 -4.3%  Total starts on non-custodial orders 9,025 8,529 -5.5%  Difference Muster numbers Expectation Actual Parole 2,178 2,095 -3.8%  Release on conditions 3,629 3,357 -7.5%  Post-D...

8. CAC 20004 v Li and Ors [2014] NZREADT 67 [pdf, 146 KB]

   ...negotiation stage with the vendor; and that he only realised to the contrary when he spoke to his accountant after having signed the binding contract. Evidence for the Defence Evidence from the first Defendant Mr Zhong Li (also known as Sam Li) [101] In the Mr Li's in evidence to the Authority he said that, at material times, he was an associated salesperson with the defendant Ms Wang at Barfoot & Thompson in Panmure. [102] Mr Li said that when he met the complainants at an...

9. [2021] NZEnvC 077 Minister of Conservation v Northland Regional Council [pdf, 1.2 MB]

   ...conclude that a 10 metre setback is required for all natural wetlands and the beds of lakes. We conclude a 10 metre setback is justified for these features due to the rarity and susceptibility on a regional and national scale. Setback from rivers [101] In terms of the setback required in C.8.2.1 (2), there is agreement between the parties that there should be at.least a 5 metre setback from the beds of COIF rivers. [102] The Regional Council, Federated Farmers and Horticulture New...

10. Saffioti & Anor v Ward & Ors [2013] NZWHT Auckland 17 [pdf, 287 KB]

    ...satisfied that the matters for which we find Mr Hancock liable could have been remedied by targeted repairs or a partial reclad. The evidence currently before the Tribunal is insufficient for us to determine what the cost of that work would be. [101] We will provide Mr and Mrs Saffioti with a further opportunity to provide evidence of the loss flowing from the defects that have been established against Mr Hancock before making any orders as to quantum. [102] However we n...