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1. [2014] NZEmpC 189 H v A Ltd [pdf, 349 KB]

   ...of the Act. [49] It would, however, be illogical for the Court to not be able to consider the factual rationale for the employer’s belief. The principles are, in my view, succinctly contained within the following statement by the Court of Appeal in the Airline Stewards and Hostesses case where at 993 the Court said: What are reasonable grounds for a belief of misconduct must depend on the facts of each case. But at the time when the employer dismissed the employee the empl...

2. 2021-03-08 ORC - Opening Subs (Philip Maw) [pdf, 226 KB]

   ...the National Policy Statement for Freshwater Management 2014 (which came into force following the Council’s decision on proposed change 5 to the Hawke’s Bay Regional Resource Management Plan, but prior to the Environment Court hearing the appeal on 3 and 4 December 2014):16 [16] Since the Supreme Court judgement in EDS v NZ King Salmon Co Ltd [2014] NZRMA 195 there has been an increased awareness of the need to consider the hierarchy of planning documents, and the degree of...

3. LCRO 75/2017, 210/2017 and 212/2017 SW v HB (31 October 2018) [pdf, 425 KB]

   ...touched upon the Board’s employment relationship with Mr MR. She continued to act when a dispute arose between the Board and Mr MR. [3] Ms SW acted for Mr MR. 2 [4] The dispute was finally resolved by the Employment Court, with leave to appeal that decision on points of law being refused. With the employment processes exhausted, Ms HB made a complaint to the New Zealand Law Society (NZLS) regarding Ms SW’s conduct in the course of acting for Mr MR. In responding to th...

4. ENV-2016-CHC-000071 Affidavit of Mr Nathan Hole [pdf, 3.9 MB]

   ...evidence filed identifies some further concerns. 45. PC13 has been a time and resource-hungry process for the Council. It was first notified on 19 December 2007. The Council released its decision on 18 August 2009. That was subject to approximately 10 appeals. The appeals were heard in Twizel and Christchurch in August and September of 2010. The Environment Court's first interim decision was released in December 2011. 46. That interim decision was appealed by Federated Farmer...

5. [2007] National Distribution Union Inc v General Distributors Ltd AK AC 7/07 [pdf, 269 KB]

   ...certain key provisions were removed from the Bill that was to become the Employment Relations Act 2000. [45] The immediate incentives for the parts of the 2004 amendment at issue in this case were probably the judgments of this Court and the Court of Appeal in a case in which a union had agreed with an employer that terms and conditions of employment for non-union employees would include the payment of a mandatory “bargaining fee” to be paid to the union2. This Court concluded...

6. [2024] NZEnvC 079 Maungaharuru-Tangitū Trust v Hastings District Council [pdf, 19 MB]

   MAUNGAHARURU-TANGITŪ TRUST v HASTINGS DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT WELLINGTON I TE KŌTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision [2024] NZEnvC 079 IN THE MATTER of an appeal under clause 14(1) of the First Schedule to the Resource Management Act 1991 BETWEEN MAUNGAHARURU-TANGITŪ TRUST (ENV-2015-WLG-054) Appellant AND HASTINGS DISTRICT COUNCIL Respondent Court:1 Environment Judge L J Semple Environment Commissioner D J Bunting Heari...

7. Shaw - Tauwhao Te Ngare (2005) 81 Tauranga MB 8 (81 T 8) [pdf, 3.7 MB]

   ...cure the defects in the order. Applicant Counsel argued that although the order was not signed or sealed, the failure to follow the prescribed process does not render the order invalid. Applicant Counsel relied on the authority of the Court of Appeal in Coles and Ors v Miller and Ors (CA 25-01,8 November 2001, Gault, Blanchard and Goddard JJ). The Applicant noted that the order is shown as current on the Memorial Schedule, and further argued that section 77 of the 1993 Act renders...

8. [2020] NZEnvC 213 Federated Farners of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 3.6 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND AND AND AND Decision No. [2020] NZEnvC '2 t 3 of the Resource Management Act 1991 three appeals under clause 14 of Schedule 1 to the Act FEDERATED FARMERS OF NEW ZEALAND INCORPORATED (ENV-2017-AKL-146) CNI IWI LAND MANAGEMENT LIMITED (ENV-2017-AKL-148) MAORI TRUSTEE (ENV-2017-AKL-149) Appellants BAY OF PLENTY REGIONAL COUNCIL Respondent ROTORUA DISTRICT COU...

9. [2018] NZEnvC 237 View West Limited v Auckland Council [pdf, 2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 237 of the Resource Management Act 1991 (the Act) of an appeal pursuant to s 120 of the Act VIEW WEST LIMITED Appellant (ENV-2017-AKL-0001S1) AUCKLAND COUNCIL Respondent Court: Environment Judge J A Smith Environment Commissioner ACE Leijnen Environment Commissioner W R Howie K G Stevenson (Special Advisor) Hearing: at Auckland 26-30 November...

10. [2015] NZEmpC 35 Coy v Commissioner of Police [pdf, 592 KB]

    ...the first s 103A of the Act had yet to be enacted. The most recent and authoritative statement of the test of justification (in that case for dismissal but applicable also to disadvantage grievances) was set out in the judgment of the Court of Appeal in W & H Newspapers Ltd v Oram as follows: 7 [44] … whether it was open to the employer, acting fairly and reasonably, to have seen that [dismissal] as the appropriate response to [the employee’s] conduct. … [46] … [wh...