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1. ENV-2016-AKL-000193 Kiwi Property Group Limited & Others v Auckland Council Consent Order [pdf, 19 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 and the Local Government (Auckland Transitional Provisions) Act 2010 of an appeal under section 156(1) of the Local Government (Auckland Transitional Provisions) Act 2010 KIWI PROPERTY GROUP LIMITED, KIWI PROPERTY HOLDINGS LIMITED AND SYLVIA PARK BUSINESS CENTRE LIMITED (ENV-2016-AKL-000193) Appellants AUCKLAND COUNCIL Respondent Principal Environment Judge L J Ne...

2. Ministry of Justice National Panui February 2022 [pdf, 352 KB]

   ...Applications Not Ready to Proceed The applications listed below were received up to the closing date of this Pänui and are yet to be considered by a Registrar or Judge APPLICATION NO: SECTION: APPLICANT: SUBJECT: A20210014842 58/93 Tracey Hill Appeal 2021/ 8 - Otakanini Church Site - and orders made at 238 Taitokerau MB 185 -189 on 8 October 2021 - Notice of Appeal WAIKATO MANIAPOTO continued Hui-Tanguru / FEBRUARY 2022 - NATIONAL PÄNUI 45 46 NATIONAL PÄNUI - Hui-Tanguru /...

3. [2020] NZEmpC 46 JCE v The Department of Corrections [pdf, 321 KB]

   ...coping techniques to enable her to remain in gainful employment the award for non-economic loss would have been higher.14 [50] In Gilbert, the Court awarded $75,000 for humiliation, anxiety and distress and that was not disturbed in the subsequent appeal. In that case the employee had been a probation officer exposed to unnecessary and avoidable workplace stress over many years, arising from work overload, management failure and office and resource deficiencies.15 He had suffered...

4. Canterbury Westland Standards Committee 1 v Williams [2019] NZLCDT 33 [pdf, 317 KB]

   ...onus be placed on that lawyer to show that the conduct complained of did not have a connection with his status as a lawyer and the client could not reasonably have thought he was acting as a lawyer. [37] In the case of Hansen v Young13 the Court of Appeal was tasked with considering whether a solicitor, Mr Young who was Co–executor and Trustee of an estate had been negligent as “solicitor”. The issue before the Court was to determine whether there was a retainer and in particu...

5. Evidence Brief: Supervision and Intensive Supervision [pdf, 370 KB]

   ...community-control sanctions to society’s belief that threats of punishment and enhanced surveillance were key to deterring crime. In SUPERVISION & INTENSIVE SUPERVISION: EVIDENCE BRIEF – OCT 2017. PAGE 11 of 15 addition, supervision sentences appealed to both sides of the political spectrum; liberals were drawn to the concept of reducing incarceration and conservatives were drawn to the cost-effectiveness. CURRENT INVESTMENT IN NEW ZEALAND Both supervision and...

6. [2017] NZEnvC 209 Auckland Council v London Pacific Family Trust [pdf, 1.1 MB]

   ...subordinate RMA planning instrument are also well settled and not contentious. We are guided by the Interpretation Act 1999 ('IA'), particularly s 5 on purposive interpretation. The principles are also as set out in the leading Court of Appeal authorities of Rattray17(decided pre-RMA) and the more recent decision in PoweJJ18 (where Rattray was applied and interpreted in relation to an RMA district plan matter). In particular, we apply the approach described in the following...

7. BGH v Kumar [2024] NZHRRT 2 [pdf, 292 KB]

   ...cornering, mauling, 8 See Human Rights Act 1993, s 92I(4) and DML v Montgomery (DML) [2014] NZHRRT 6 at [103]. 9 See for instance Craig v Slater [2018] NZHC 2712 at [411]. The High Court’s description of sexual harassment was affirmed by the Court of Appeal in Craig v Slater [2020] NZCA 305 at [89]. 10 See for instance Proceedings Commissioner v H (1996) 3 HRNZ 239, [1996] NZAR 451 (CRT) at [247]-[248], cited in DML, above n 8, at [108]. 11 Lenart v Massey University [1997] ERNZ 2...

8. [2016] NZEmpC 42 ITE v ALA [pdf, 233 KB]

   ...plaintiff on 4 June 2014. [88] Use of the phrase “any of the defendant’s costs and/or disbursements” and the reference to “solicitor/client costs” make it plain that the contract extends to costs on an indemnity basis. [89] As the Court of Appeal has observed: 19 It is clear in principle and on authority that once it is established that the indemnity is applicable in the circumstances and that, properly construed, it 1...

9. [2018] NZEmpC 45 Performance Cleaners All Property Services Wellington Ltd v Chinan [pdf, 427 KB]

   ...30 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [48]. 31 Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA), at [35]-[39]. [88] I accept Ms Buckett’s submission that the Court of Appeal in Blue Star Print Group (NZ) Ltd v Mitchell provides a helpful description of the applicable principles when considering Calderbank offers.32 In short, such an offer should not be unreasonably rejected, and a “steely approach” is

10. [2010] NZEmpC 72 Horton v Fonterra Cooperative Group Ltd [pdf, 81 KB]

    ...in Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union5. This too was a case where an employee was dismissed for unauthorised possession of company property, removing a can that contained thinners from Honda’s premises. The Court of Appeal upheld the Labour Court’s formulation of the standard of proof as follows: (i) A charge of the greatest gravity had been levelled against the worker and the burden of justifying the dismissal was, of course, on the respondent employe...