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1. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence - Janet Stephenson [pdf, 2.1 MB]

   BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF JANET RHONA STEPHENSON _____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on record: B Irving Sol...

2. CAC20005 v Morton-Jones [2015] NZREADT 49 [pdf, 235 KB]

   ...AUCKLAND on 23 and 24 March 2015 (with a subsequent series of typed submissions) DATE OF THIS DECISION 24 June 2015 COUNSEL Mr L J Clancy for the prosecution Mr P Kennelly for the defendant DECISION OF THE TRIBUNAL Introduction [1] This appeal is about a licensee’s operation of a property management business; which is not real estate agency work. However, the concept of “misconduct” under s.73 of the Real Estate Agents Act 2008 is not confined to real estate agency...

3. Te Manutukutuku Issue 71 [pdf, 7.9 MB]

   ...Crown, in Treaty settlements relating to the island, has breached the Treaty by failing to prop­ erly inform itself of the Māori interests in the island. Remedies resumed Ngāti Kahu remedies and Mangatū remedies : In December 2016, the Court of Appeal issued its decision in a judicial review of two Waitangi Tri­ bunal reports : The Ngāti Kahu Reme- dies Report and The Mangatū Remedies Report. In those reports, the Tribunal had declined to make binding recom­ mendations for a...

4. Richards - Karaka Huarua A and B (2004) 98 Whangārei 273 (98 WH 273) [pdf, 4.7 MB]

   ...application for partition on the grounds that in the interests of the owners it would inexpedient to allow the whole of the land on the lake side of the highway to be divided between three owners. In upholding the lower Court decision and dismissing the appeal, the Appellate Court stated at page 2-3: " ... The Judge below concluded that the three applicants werB upicking the eyes out of the block" (our words); he was of the view that the land the applicants sought, because it...

5. [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board [pdf, 567 KB]

   ...remuneration lost by that employee as a result of the personal grievance, a sum greater than that to which an order under that subsection may relate. [70] The approach to assessing claims for lost remuneration was dealt with by the Court of Appeal in Telecom New Zealand Ltd v Nutter.30 Because of the indefinite duration of employment agreements there is legitimate scope to debate the period of time in respect of which compensation should be awarded in cases of unjustified dismis...

6. [2015] NZEmpC 104 Shanmuganathan v PowerNet Ltd [pdf, 235 KB]

   ...At para [19]. [58] In Butcher v OCS Limited, Judge Travis was required to consider a submission that an employer had wrongly relied on an expired verbal warning to dismiss. He said: 5 The recent decision of the English Court of Appeal in Airbus UK Ltd v Webb [2008] EWCA Civ 49; [2008] ICR 561 clarifies the position that if, but for the previous warning, the employer would not have had a reason for dismissing the employee, the expired warning cannot be relied on. An...

7. [2017] NZEnvC 130 Butterbee Childcare Limited v Auckland Council [pdf, 972 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 130 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act BUTTERBEE CHILDCARE LIMITED (ENV-2016-AKL-000182) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner JA Hodges Hearing: At Auckland on 7 and 15 August 2017 Appearances: Mr KRN Littlejohn for Butterbee Childcare Limited (Butterbee) Mr WM Bangma for Auckl...

8. Rātima v Sullivan - Tataraakina C (2019) 79 Tākitimu MB 103 (79 TKT 103) [pdf, 488 KB]

   ...understanding that such function belongs to the Court rather than the other trustees.10 10 Smith v Smith – Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust [2019] Māori Appellate Court MB 110 (2019 APPEAL 110) 79 Tākitimu MB 116 [51] In earlier judgments I have found that the trustees were in breach of their duties and the terms of the trust order, sufficient to warrant their removal. Findings were also made that the t...

9. Local Government Bill [pdf, 440 KB]

   ...and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. 8. In Moonen v Film and Literature Board of Review,7 the Court of Appeal developed a set of guidelines that are of assistance when assessing whether a provision constitutes a “justified limitation”. This process is similar to the approach taken by the Supreme Court of Canada in R v Oakes.8 9. The inquiry...

10. [2010] NZEmpC 102 Jinkinson v Oceana Gold (NZ) Ltd [pdf, 90 KB]

    ...i.e. a 3 [2000] 2 NZLR 565 (CA) position that is not substantially similar to that previously held by the employee.” This submission largely reflected paragraph [25] of the Court of Appeal’s decision: [25] In a situation of genuine redundancy, where the position truly is surplus to requirements, in the absence of a contractual provision to that effect, it cannot constitute unjustified dismissal not to offer the employee...