Search Results

1. Trustpower - EiC - P M Mitchell - Hydrology (5 Feb 2021) [pdf, 3.8 MB]

   ...predominantly focused on the hydrology and optimisation of existing and developing run-of- river hydro-electric plant operating in conjunction with existing irrigation schemes. (e) Arnold Valley Hydro-Electric Power Scheme Environment Court appeal (2010). Appearing on behalf of Trustpower Limited to provide hydrological evidence in support of the grant of resource consents for the on-going operation of and enhancements to the Arnold Valley HEPS. (f) Wairau Valley Hydro-Electric...

2. [2019] NZEmpC 98 Noble v Ballooning Canterbury.com Ltd [pdf, 565 KB]

   ...the IRD, and his 4 Clark v Northland Hunt Incorporated (2006) 4 NZELR 23 at [22], applying Lee Ting Sang v Chung Chi-Keung [1990] 2 AC 374. 5 McGrath J in the dissenting judgment of the Court of Appeal: Three Foot Six Ltd v Bryson [2004] 2 ERNZ 526. employment status, and that he believed he insisted he was an employee and that BCL would have to take the tax off. By contrast, he told the Authority that there was no menti...

3. Koha v Tatana - Succession to Winika Hāwe [2022] Chief Judge's MB 266 (2022 CJ 266) [pdf, 359 KB]

   ...reason, s 45 applications must be accompanied by proof of the flaw identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [25] Finally, as the Court of Appeal has confirmed, the power under s 44(1) falls into two parts:6 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the Regi...

4. [2021] NZEmpC 76 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei [pdf, 287 KB]

   ...giving notice of grievances for unjustified disadvantage, unfair dismissal and wage arrears. The company denied the claims. The law Constructive dismissal principles [47] In Auckland Shop Employees’ Union v Woolworths (NZ) Ltd the Court of Appeal accepted that a constructive dismissal could arise in situations such as where:3 (a) an employer had given an employee an option of resigning or being dismissed; (b) an employer had followed a course of conduct with the deliberate an...

5. Bevan v Peakman - Succession to Kathleen Paikea and Hemi Wharepaikea [2024] Chief Judge's MB 212 (2024 CJ 212) [pdf, 360 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.8 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [39] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:9 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the R...

6. MLC 2019 October National Pānui [pdf, 383 KB]

   ...Applications to the Chie Judge A20190006474 45/93 Elizabeth Morris CJ 2019/22 - James Leonard Morris - and succession orders made at 173 NA 143-144 (07/10/2003) - Application to the Chief Judge A20190006547 58/93 Cariann Debra Snow, Josse Rolana Samuels Appeal 2019/9 - Hinera and Walter Tukaki-Johnson Whanau Trust - against orders made at 179 Waikato Maniapoto MB 57-60 (25 February 2019) - Notice of appeal and application to appeal out of time A20190006684 45/93 Frederick Grey CJ 20...

7. [2006] NZEmpC AC 57/06 Kumar v Icehouse (NZ) Ltd [pdf, 114 KB]

   ...regarded as sexual harassment, then the repetition of such actions, if found to have occurred after a fair investigation, could have led to a justifiable dismissal for sexual harassment. I use the word “could” as directed to by the Court of Appeal in W & H Newspapers v Oram [2000] 2 ERNZ 448, for the parties agreed that s103A, as inserted by the Employment Relations Amendment Act (No2) 2004, does not apply to the circumstances of this case. [55] It was Mr Parkinson’s po...

8. [2019] NZEmpC 34 Emmerson v Northland District Health Board [pdf, 908 KB]

   ...address. [121] The first cause of action does not, therefore, fall foul of the 90-day requirement. 13 Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC) at [31]-[36]. This case was overruled on appeal but not on this point: Commissioner of Police v Creedy [2007] NZCA 311, [2007] ERNZ 505; Creedy v Commissioner of Police [2008] NZSC 31, [2008] 3 NZLR 7, [2008] ERNZ 109. 90-day issues as to second and third causes of actio...

9. Māori Land Court judgments subject index [pdf, 846 KB]

   ...92 Waiariki MB 183 92 WAR 183 Te Ture Whenua Maori Act 1993 s 241 Partial termination of trust dismissed DCJ Fox 17.03.2014 Williams - Harataunga West 2B2B2B2 74 Waikato Maniapoto MB 6 74 WMN 6 Te Ture Whenua Maori Act 1993 s 59 Preliminary appeal J Coxhead 17.03.2014 Stebbing - Tauhara Middle 4A 2B 2C (Opepe Farm Trust) 92 Waiariki MB 218 92 WAR 218 Te Ture Whenua Maori Act 1993 s 222 Appointment of trustees J Harvey 12.03.2014 Ngamoki-Cameron v Koopu - The Proprietors o...

10. [2022] NZEnvC 163 11 Cheshire Street Body Corporate v Auckland Council [pdf, 1.6 MB]

    11 Cheshire Street Body Corporate v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 163 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN 11 CHESHIRE STREET BODY CORPORATE (ENV-2021-AKL-63) Appellant AND AUCKLAND COUNCIL Respondent Court: Environment Judge MJL Dickey, sitting alone pursuant to s 279(1) of the Act Date of Order: 26 August 20...