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...happens at the Employment Court Find out what happens before a hearing, such as what documents need to be filed Find out what happens during a hearing Find out what happens after a hearing, such as receiving the judgment, costs, enforcement and how to appeal
Appeal ENV-2020-AKL-000085 Waipa District Council v Waikato Regional Council s274 interested parties Auckland/Waikato Fish and Game Council Beef+Lamb New Zealand Limited Federated Farmers of New Zealand Fonterra Co-operative Group Limited Genesis Energy Limited Graeme Gleeson Hamilton City Council Hauraki District Council Matamata-Piako District Council Mercury NZ Limited OJI Fibre Solutions NZ Limited Otorohanga District Council South Waikato District Council Taupo District Council Waikato...
Appeal ENV-2020-AKL-000091 Hamilton City Council v Waikato Regional Council s274 interested parties Auckland/Waikato Fish and Game Council Beef+Lamb New Zealand Limited Federated Farmers of New Zealand Genesis Energy Limited Graeme Gleeson Hauraki District Council Landcorp Farming Limited Matamata-Piako District Council OJI Fibre Solutions NZ Limited Royal Forest and Bird Protection Society of New Zealand Incorporated South Waikato District Council Taupo District Council Waikato District Council...
Appeal ENV-2020-AKL-000092 South Waikato District Council v Waikato Regional Council s274 interested parties Auckland/Waikato Fish and Game Council Beef+Lamb New Zealand Limited Dairy NZ Limited Fonterra Co-operative Group Limited Genesis Energy Limited Graeme Gleeson Hauraki District Council Hamilton City Council Landcorp Farming Limited Matamata-Piako District Council OJI Fibre Solutions NZ Limited Otorohanga District Council Royal Forest and Bird Protection Society of New Zealand Incorporated...
...exceptions) Electrical etc IUOW v Remtron Lighting Ltd (in rec) [1990] 1 NZILR 583; (1990) 3 NZERLC 98,141, this Court followed the judgment in Marr v Arabco Traders Ltd (No 8) unreported, Tompkins J, 12 March 1987, HC Auckland A1195/77 affirmed on appeal in Elders Pastoral Ltd v Marr (1987) 2 PRNZ 383 (CA). Leave to amend proceedings at a late stage of them is a discretionary decision based on whether such an amendment is necessary to determine the real controversy between the parties...
...[22] The lockout notice relates not to bargaining for a collective agreement which will bind each of the employees concerned, but its nature is to compel the members of the Union to enter into individual employment agreements. [23] The Court of Appeal considered the provisions of s83 in Spotless Services (NZ) Ltd v Service and Food Workers Union Nga Ringa Tota Inc2. The Court found at para 39: For there to be a lawful lockout the employee’s demand under s82(1)(b) must be lin...
...a determination, or part of a determination, about whether the Authority may follow or adopt a particular procedure. [13] These provisions have been considered on several occasions. In Employment Relations Authority v Rawlings the Court of Appeal stated: 5 We are satisfied that s 179(5) and 184(1A) are intended to prevent challenge or review processes disrupting unfinished Authority investigations. But once the investigation is over and a determination has been made, there i...
...this Court have regularly canvassed the issues of appointments and the role of trustees to Māori reservations. Leading decisions are Perenara v Pryor – Matatā 930,3 and Marino – Repongaere 4G (Part) – Rongopai Marae,4 [30] The Court of Appeal decision in Clarke v Karaitiana and I adopt the reasoning set out in those decisions. 5 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of...
...made, or to which that person is entitled to succeed, justifies the occupation order.] [11] In Sione - Te Hapua 247 the Māori Appellate Court held that s 328 facilitates land utilisation by provision of a house site. That Court was considering an appeal from a refusal to grant an occupation order on the grounds that the applicant had insufficient shares to support the area she sought as the site for her house. That is not an issue in this case, but I note the broad principles that...
...advisory, or a custodian trustee. (5) For every trust constituted under this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [15] The Court of Appeal considered the application of s222 in its important decision Clarke v Karaitiana. In that case a dispute arose as to the process of an election and the issues that needed to be taken into account when applying s222 of the Act: 8...