Search Results

1. [2012] NZEmpC 168 Service and Food Workers Union Nga Ringa Tota Inc v Sanford Ltd [pdf, 185 KB]

   ...the Act. This entitles the plaintiff to “a full hearing of the entire matter” which was before the Authority. The “matter” that was before the Authority was whether it should accept the Union’s referral to facilitation. This is not an appeal in the traditional sense of an examination of the correctness of the Authority’s decision on the facts before it. Rather, a party electing to challenge by hearing de novo is entitled to a consideration of the “matter” (whether...

2. [2022] NZEmpC 141 E Tū Inc and ors v Carter Holt Harvey LVL Ltd [pdf, 356 KB]

   ...specify which of the “working days” in the 16 days off work at the end of a 160-day roster period were the specific alternative holiday for any public holiday that had been worked in the previous roster period.23 In that situation, the Court of Appeal said that it did not matter, either to the Fire Service Commission nor to any particular firefighter, which of the working days in the 16-day slot was an alternative day, as opposed to an annual leave day.24 In the circumstances,...

3. 2022-02-11 Appendices 1 - 6 to Statement of Evidence of Kerstin Strauss dated 11 February 2022 (Part 2) [pdf, 19 MB]

   ...Review, being zoned General Industrial. The proposed activity requires resource consent under the PDP for the following reasons: Rules that have legal effect under s86B(1) but are not yet treated as operative under s86F as they are subject to appeal are: • A restricted discretionary activity pursuant to Rule 25.4.2 in regard to the proposed volume of earthworks. It is proposed to undertake a total of 25,300m3 of earthworks in lieu of the permitted total of 1,000m3 within the Ru...

4. Cameron & Ors as Trustees of the Normac Trust v Stevenson [2010] NZWHT Auckland 39 [pdf, 186 KB]

   ...there has been some debate as to whether general damages should be awarded on a per dwelling or a per owner basis Ellis J concluded in Findlay & Anor as Trustees of the Lee Findlay Family Trust v Auckland City Council13 that the Byron Avenue appeal confirmed the availability of general damages and leaky building cases in general was in the vicinity of $25,000 per dwelling for owner occupiers. White J in Coughlan & Ors v Abernathy & Ors14 confirmed that standard rates...

5. Waitangi Tribunal - Wai 2522 2.5.0009 TPPA [pdf, 1.3 MB]

   ...Crown has taken reasonable steps to become informed of Maori interests, and has acted 11 Wai 2522, #3.1.11, para 61 11 reasonably and in good faith. What is required is a balancing of article 1 and article 2 rights, consistent with the Court of Appeal's findings in the Lands case that "the principles of the Treaty do not authorise unreasonable restrictions on the right of a duly elected Government to follow its chosen policy" .12 47. The Crown says the Wai 262 Report...

6. Matiu - Toetoe No 6 [2018] Chief Judge's MB 739 [pdf, 436 KB]

   ...3 Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15]. 4 Tau v Nga Whanau o Morven Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at [61]. http://www.lexisnexis.com/nz/legal/search/enhRunRemoteLink.do?ersKey=23_T27861815733&backKey=20_T27861815738&homeCsi=274461&A=0.9386854289400859&urlEnc=ISO-8859-1&&dpsi=02IN&remotekey1=REFPTID&r

7. 2017 to 2022 Ministry of Justice statement of intent [pdf, 1.4 MB]

   ...indicators we use to assess progress towards our strategic intentions are set out in How we measure our performance. 8 We deliver court and tribunal services. We work with the Judiciary to deliver court services for the Supreme Court, Court of Appeal, High Court, District Court, the Environment Court, Employment Court, Māori Land Court and Waitangi Tribunal. We support other tribunals, authorities and committees (including the Disputes Tribunal, Tenancy Tribunal and Coronial Services)...

8. Proactive-release-Review-of-the-Operation-and-Performance-of-the-Public-Defence-Service-2021.pdf [pdf, 1.5 MB]

   ...role. However, there are very few spots for Principal Lawyers (and only in large offices), so for most that prospect is not compelling. Similarly, the DLS and managerial career pathways focus on managerial and administrative functions which do not appeal to many of PDS’ legal staff. While we acknowledge the presence of alternative pathways, they do not necessarily match the needs of PDS’ lawyers or the development opportunities available outside PDS, which leads to the loss of talen...

9. [2019] NZEnvC 137 Burgoyne v Northland Regional Council [pdf, 8.3 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BElWEEN AND AND Decision No. [2019] NZEnvC 137 of the Resource Management Act 1991 of appeals pursuant to s 120 of the Act against a decision granting resource consent applications for the taking of groundwater from the Houhora, Motutangi and Waiparera aquifer management sub­ units of the Aupouri Aquifer, Northland A BURGOYNE/ TE TAUMATUA O NGATI KURI RESEARCH UNIT (ENV-2018-AKL-121) DI...

10. [2020] NZEnvC 107 Whangarei District Council v Sustainable Solvents Group Limited [pdf, 1.5 MB]

    ...commencement of Level 3. Costs principles [12] The parties have cited in some detail, legal principles surrounding costs which are largely not in dispute. The general principles have been summarized by Judge Dwyer and affirmed by the Court of Appeal in Walmsley v Aitchison.3 [13] Judge Dwyer correctly identified the relevant principles as follows: [19] section 285 is couched in broad terms and bestows a wide discretion on the Court. It is well recognised that the discretion must b...