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1. Waitangi Tribunal Vol 3 Kāhui Maunga Report [pdf, 13 MB]

   t e K ā h u i M a u n g a Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz t e K ā h u i M a u n g a The National Park District Inquiry Report Volume 3 Waitangi Tribunal Report 2013 Wai 1130 Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz National Library of New Zealand Catalo

2. [2020] NZEmpC 225 Davis v Idea Services Ltd [pdf, 368 KB]

   ...commencement of the sleepover shift. It was also noted that a referral had been made for Mr A to see a psychiatrist. [100] At 3.00 pm on 1 December 2016, 0.5 mg Clonazepam was given. This was presumably under the protocol just discussed. [101] No incident reports were completed for Friday, 2 December 2016. Mr A’s behaviour on that day was, according to the daily diary, positive, apart from the fact that in the evening he did not wish to sleep in his bed despite staff attempt...

3. [2021] NZEnvC 007 JJ Limited v Dunedin City Council [pdf, 246 KB]

   ...the land resource from future productive activities as applied by Ms Spalding.69 68 Blueskin Energy Ltd v Dunedin City Council [2017] NZEnvC 150 at [105]. 69 Spalding, EiC at [105] and Appendix C. 28 Discussion and findings [101] While the objectives and policies refer to “productive use” and “non-productive use” of land, the plan does not define these terms. We interpret the two terms as referring to the use of land for primary production.70 This interpre...

4. [2016] NZEmpC 77 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 301 KB]

   ...interlocutory application for joinder was incorrect; she submitted that LSG was seeking discovery which would be relevant to the application for joinder, and that this is an aspect of an issue arising from the pleadings namely a claim by LSG for costs. [101] In my view, the present application is interlocutory in nature, but I am not persuaded that there is thereby an issue as to jurisdiction. [102] Section 2 of the DCA provides for particular interpretations which apply “unl...

5. ENVC Hearing 6Oct14 TGKL lay [pdf, 1.1 MB]

   ...populations of pests including the Mediterranean Fan Worm. 100. Any barges or maritime vessels required for construction purposes should be inspected by a qualified biosecurity agent to ensure that they are pest free before entering the Bay. 101. If an invasive species is detected in the marina, an instant quarantine should be imposed to prevent the boats from travelling to other unaffected bays and reserves. 102. All monitoring should be carried out independently of Waiheke M...

6. [2009] NZEmpC WC 17A/09 Idea Services Ltd v Dickson [pdf, 138 KB]

   ...construction of the Minimum Wage Act 1983 and the Minimum Wage Orders, Mr Dickson was entitled to be paid not less than $12.50 for each and every hour he worked for Idea Services Limited, including the work done during sleepovers. [101] Pursuant to s183(2) of the Employment Relations Act 2000, the determination of the Authority challenged in WRC 31/08 is now wholly set aside and this judgment, together with our earlier judgment dated 8 July 2009 (WC 17/09), stand in its...

7. Michael Cummings - Statement of Evidence (24 June 2021) [pdf, 5 MB]

   ...Council. 99 If any of these steps have not been followed, the compliance investigation must stop. 100 The process from this point is the same as that set out in paragraphs 78 to 89 above. Recommended amendments to draft consent conditions 101 I have included as Appendix 4 to my evidence a set of proposed consent conditions that I consider address some of the issues I have identified above, and would be enforceable. 102 The first example (Option 1) requires the consent hold...

8. [2012] NZEmpC 206 Faapito v CE of the Department of Corrections [pdf, 237 KB]

   ...her response before suspending her. The defendant had a proper concern about the dispensing of medications to inmates by Ms Faapito which was a fundamental element of her position which would have had to continue had she not been suspended. [101] In these circumstances, I conclude that suspension (including the placement of the plaintiff on “special leave”) was what a fair and reasonable employer would have done in the circumstances, and the way in which that was imposed and...

9. [2019] NZEmpC 178 Johnston v The Fletcher Construction Co Ltd [pdf, 340 KB]

   ...leave entitlement was exhausted. It would take the duty of good faith too far to hold that the company had to continue to pay him. [100] I am satisfied that Fletcher Construction did not breach the duty of good faith it owed to Mr Johnston. [101] Having found that the duty of good faith was not breached, only brief comments are required to address Mr Drake’s submission that the duty in s 4 was “an incorporated term” of the employment agreement. He relied on the significance...

10. [2006] NZEmpC AC 65/06 McAlister v Air New Zealand Ltd [pdf, 139 KB]

    ...Act 2000 rather than to s22 of the Human Rights Act. In particular, references in s30 of the Human Rights Act to s22(1)(a) or s22(1)(b) of that Act must be read as if they were references to s104(1)(a) of the Employment Relations Act 2000. [101] When the Employment Relations Act 2000 references are imported into s30(1) of the Human Rights Act it reads: 30 Further exceptions in relation to age (1) Nothing in [section 104(1)(a)] or [section 104(1)(c)] of the [Employment Relati...