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1. [2014] NZEmpC 157 Howard v Carter Holt Harvey Packing Ltd [pdf, 121 KB]

   ...of Technology v Henderson (2007) 8 NZELC 98, 793 (EmpC) at [3]. 7 Angus v Ports of Auckland [2011] NZEmpC 160, (2011) 9 NZELR 40 at [25]. [51] In Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand Limited, the Court of Appeal stated:8 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 employer must have either clear evidence upon which any reasonable em...

2. Ruapuha Uekaha Hapu Trust - Hauturu East 8 Block (2008) 134 Waikato MB 3 (134 W 3) [pdf, 10 MB]

   ...trustees carry out the operations of the trust. [59] The trustees submitted that the Maori Land Court is bound by the general law on busts as set out by Blanchard J in The Proprietors of Mangakino Township v The Maori Land Court & Hemi (COUlt of Appeal, 2 June 1999, CA 65/99). That case was a review under section 351 of the Act. Blanchard J stated (at 7): 134 Waikato MB 18 "We entirely agree with McGechan J that a review 0/ the trust cannot sensibly be conducted unless t...

3. [2019] NZEnvC 114 Pan Pac Forest Products Ltd [pdf, 2.3 MB]

   ...process the application to occupy more of the seabed consents as a variation of existing consent CL 1200580 and all consents and variations were granted by the Council on 16 September 2015. The Maungaharuru-Tangitu Trust ("the Trust") appealed the decision, seeking that the Environment Court decline the consents. (f) The appeal was the subject of an Environment Court hearing in August 2016, which considered the effects of the relocated discharge on the marine environment...

4. [2012] NZEmpC 207 Hutton and Others v Provencocadamus Ltd (in receivership) [pdf, 252 KB]

   ...that it replaced any previous employment agreement), is a factor that points towards a unitary employment relationship with PCL. However, the absence of a written employment agreement is not determinative. As was observed by the Ontario Court of Appeal in Downtown Eatery (1993) Ltd v Ontario, if this factor was determinative it: 22 would be too easy for employers to evade their obligations to dismissed employees by imposing employment contracts with shell companies with no as...

5. Wentzel v Collie [2012] NZWHT Auckland 15 [pdf, 250 KB]

   ...clause 6.2.5 nor did it consider the circumstances of a turnkey vendor who does not personally control the building work. [107] The second recent High Court decision to consider a clause analogous to 6.2.5 is Aldridge v Boe15 which was an appeal from a decision of this Tribunal. Like Ford v Ryan this case concerned a house that had never received a CCC. Unlike Ford v Ryan the purchasers in Aldridge were aware of this when they purchased the house.

6. [2023] NZEnvC 156 The Bears Home Project Management Limited v Auckland Council [pdf, 3.7 MB]

   The Bears Home Project Management Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 156 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN THE BEARS HOME PROJECT MANAGEMENT LIMITED (ENV-2023-AKL-000017) Appellant AND AUCKLAND COUNCIL Respondent AND NGĀ MAUNGA WHAKAHII O KAIPARA DEVELOPMENT TRUST Section 274 party Court: Judge J A Smi...

7. Zhong v Auckland Council [2011] NZWHT Auckland 32 [pdf, 264 KB]

   ...bedroom which is enclosed.62 [80] In Scandle v Far North District Council63 the High Court was required to consider whether negligence by a council was causative of loss. Justice Duffy followed the two stage inquiry applied by the Court of Appeal in ACC v Ambros.64 The first step is a factual assessment to determine whether the loss would have arisen without the defendant‟s conduct and the second step considers causation in the legal sense. This inquiry requires an assessm...

8. 2019 Directory of Official Information V-Z [pdf, 608 KB]

   ...eligible qualifying service. The Panel comprises an employee of the New Zealand Defence Force and a representative of the Royal New Zealand Returned and Services’ Association. The Minister for Veterans appoints the: Veterans’ Entitlements Appeal Board which determines appeals of review decisions veterans and other claimants disagree with. This board consists of not more than four members of which one must be a lawyer who has at least seven years standing, and two must be med...

9. Sell v Harris [pdf, 117 KB]

   ...Melanie’s room which is at the north eastern corner. Mrs Freestone’s evidence that the pile of earth had been against the house from the time the framing was constructed is not credible. Page 30 The Legal Position [91] The Court of Appeal in Riddell v Porteous [1991] 1 NZLR 1, concluded that the fact that owners of a property engaged various trades on a labour-only basis did not in itself make them head- contractors. In addition, it concluded that owners not giv...

10. Human-Rights-Commission-R-v-Lincolnshire-Coroner.pdf [pdf, 123 KB]

    ...by neglect 83. Mr Fitzgerald was, in our judgment, on weaker ground when he criticised the coroner's approach to a possible verdict incorporating a finding of neglect. In R v North Humberside Coroner, ex parte Jamieson[1995] QB 1 the Court of Appeal resolved a lot of the uncertainties surrounding the availability of this verdict, and it would be prudent to approach with care any pre- 1995 judgments in the Divisional Court, to some of which Mr Fitzgerald drew our attention, to the extent...