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1. MLC February 2020 National Panui [pdf, 365 KB]

   ...Street, Whangärei Monday 17 February 2020 | Judge Clark, Judge Coxhead, Judge Stone presiding Application for Hearing PÄNUI NO: TIME: APPLICATION NO: SECTION: APPLICANT: SUBJECT: A1 10:00AM A20190007602 58/93 Horomona Herewini, Erehi Herewini Appeal 2019/12 – Te Tii Mangonui A3 and an order of the Mäori Land Court made on 27 Juine 2019 at 192 Taitokerau MB 170-176 – Notice of Appeal At Rotorua | Mäori Land Court, Hauora House, 1143 Haupapa Street, Rotorua Tuesday 18 February...

2. [2015] NZEmpC 57 Q v Commissioner of Police [pdf, 719 KB]

   ...the language of the Code is straightforward; it is easy to understand, and Mr Q appropriately accepted that he was aware of his obligations. [96] Furthermore, in Chief Executive of the Department of Inland Revenue v Buchanan 18 the Court of Appeal made it clear that the proper approach is to consider whether, in all the circumstances of the case, the employee could be expected to know of relevant obligations. It was held that where the employer had made a

3. Wilton TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 [pdf, 629 KB]

   ...negligent instructions, I also find that Deane Fluit Builder had a duty to warn the claimants of the possible issues that could arise if Mr Wilton’s instructions were carried out. In Carter Holt Harvey Ltd v Minister of Education, the Court of Appeal held that Carter Holt Harvey had a duty of care to warn of the characteristic risks of cladding system products.85 This duty to warn arose from the imbalance in the information held by a manufacturer as compared with the consumer a...

4. Waitangi Tribunal - issue 69 of Te Manutukutuku [pdf, 2.5 MB]

   ...dispossessed of their land and fishing rights since 1840. TREATY PRINCIPLES AND BINDING POWERS The Tribunal’s initial work in identifying and articulating the Treaty principles by which it assessed claims received a considerable boost from the Court of Appeal’s Lands judgments of 1987 on challenges to the privatisation of state assets under the State-Owned Enterprises Act 1986. The Act included safeguards for Māori interests: ‘Nothing in this Act’, s 9 stated, ‘shall perm...

5. ENVC combined interested party notices A to E [pdf, 11 MB]

   ...' t,v.\f\.L- M l\("' \V'\ Ci ~ l.-M . [state--- --' . • the Environment Court's reference number for the proceedings (eg, RMA 23212003); or • the parties to the proceedings and the nature of the proceedings (eg, an appeal on a resource consent application or an application for an enforcement order)]. I am [state whether you are--- t\ p~s-o \A v-J'h 0 lrv\o.dJz-- C\ ..s;<A b WI \ S{'10il\ • the Minister for the Environment; or • . a...

6. MLC 2017 08 National-Panui [pdf, 297 KB]

   ...August 2017 | Mäori Appellate Court Coram Chief Judge W W Isaac (Presiding), Judge P J Savage, Judge C T Coxhead Applications for Hearing PANUI NO: TIME: APPLICATION NO: SECTION: APPLICANT: SUBJECT: 1/1 10:00AM A20170001366 58/93 Haumoana White Appeal 2017/5 - Mohakatino Parininihi No 1C West 3A2 - and a decision made at 361 Aotea MB 146 -185 on 30 November 2016 At Whanganui | Aotea Mäori Land Court, Ingestre Chambers, 74 Ingestre Street, Whanganui Wednesday 9 August 2017 | Mäori Ap...

7. [2023] NZEnvC 011 Airbnb Australia PTY Limited v Queenstown Lakes District Council [pdf, 15 MB]

   ...& ORS v QLDC – TOPICS 29 & 30 SUBTOPIC 9 – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 11 IN THE MATTER of the Resource Management Act 1991 AND of appeals under clause 14 of the First Schedule of the Act BETWEEN AIRBNB AUSTRALIA PTY LIMITED (ENV-2020-CHC-61) … (continued on separate page) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M H...

8. [2015] NZEmpC 6 Edwards v Board of Trustees of Bay of Islands College [pdf, 821 KB]

   ...this case [11] There is another factor affecting dismissals for particularly serious misconduct. As long ago as in New Zealand (with exceptions) Shipwrights etc Union v Honda New Zealand Ltd, 3 the Labour Court established (and the Court of Appeal confirmed) 4 that the more serious an allegation against an employee said to justify dismissal, the higher the expected standard of proof of that allegation must be. That is a principle which has been followed consistently over decade...

9. [2015] NZEmpC 7 Alatipi v CE of the Department of Corrections [pdf, 280 KB]

   ...the circumstances at the time. 5 [79] In the recent decision of Howard v Carter Holt Harvey Packaging Ltd, 6 Judge Corkill noted that, in this particular area of the law, this Court has continued to follow and apply the dicta of the Court of Appeal in Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand Ltd, where it was stated: 7 What are reasonable grounds for a belief of misconduct must depend on the facts of each case. But at the time when the employer dism...

10. Tucker & Ors as Trustees of the Ngahere Trust v Tucker [pdf, 256 KB]

    ...would be to rob the trust of its separate legal identity and render the trust a sham. [198] Mr Locke also submits the Adjudicator lacks jurisdiction to award general damages and understands that the matter is presently subject to at least one appeal. [199] Mr Robertson submits that as the home is owned by the Ngahere Trust it would seem unfair on the respondents to pay any amount in general damages. 52 [200] I accept in principle that general damages can be awarded...