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1. [2022] NZEmpC 78 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 409 KB]

   ...[7]. 16 Aviation and Marine Engineers Association Inc v Air New Zealand Ltd [2013] NZEmpC 172 at [71]−[72]; New Zealand Airline Pilots’ Association Inc v Air New Zealand Ltd [2014] NZEmpC 168, [2014] ERNZ 709 at [14] and [17]; not doubted on appeal – Air New Zealand Ltd v New Zealand Air Line Pilots’ Association Inc [2016] NZCA 131, [2016] 2 NZLR at [76], and New Zealand Air Line Pilots’ Association v Air New Zealand Ltd, above n 10, at [74] and [77]. [33] The su...

2. King v Commissioner of Police [2023] NZHRRT 19 [pdf, 263 KB]

   ...21(h). Claustrophobia is undisputedly a disability for the purposes of the HRA. [11] What amounts to discrimination contrary to NZBORA, s 19 is not defined in the HRA but has been judicially determined. That test is that set out by the Court of Appeal in Ministry of Health v Atkinson [2012] NZCA 184, [2012] 3 NZLR 456 (Atkinson) at [55], [109] and [135]–[136]: [11.1] First, there must be differential treatment or effects as between persons or groups in analogous or comparable s...

3. 3-Strikes-Proactive-Release-OIA-Requests_Final_Part6.pdf [pdf, 11 MB]

   ...@parliament.govt.nz>; Lynn, Robert <Robert.Lynn@justice.govt.nz> Subject: RE: Fact check and stat request Kia ora 1. We recommend saying that “around 30” offenders received a third strike due to some uncertain es in the data (e.g. ongoing appeals). 2. The fact that this number of people ended up receiving a third strike does not by itself show a deterrent effect. To make this statement we would need to know how much of an impact, if any, the three strikes regime had on the...

4. [2024] NZEnvC 290 Save the Maitai Inc v Nelson City Council [pdf, 736 KB]

   ...for costs are not encouraged. Any party wishing to apply must do so by Friday 29 November 2024, and any response is to be provided by Friday 13 December 2024. REASONS Introduction [1] Save the Maitai Incorporated (‘STM’/‘appellant’) appealed against the approval by the Nelson City Council (‘NCC’/‘Council’) of Private Plan Change 28 (‘PPC28’).1 In response to findings and directions in the court’s interim decision, a joint witness statement of the planning...

5. Discussion Document Review of the Courts Remote Participation Act 2010 [pdf, 487 KB]

   ...included in the purpose statement? 15 Which courts an Act should apply to Current law The Act applies generally to all courts. Separate legislation applies to tribunals. The Act defines courts to include the Supreme Court, the Court of Appeal, the High Court, and the District Court. It also includes the following specialist courts: the Employment Court, the Environment Court, the Māori Appellate Court, and the Māori Land Court. The Act also applies to the Court Martial a...

6. [2014] NZEmpC 231 Premier Events Group Ltd and Anor v Beattie and Ors [pdf, 685 KB]

   PREMIER EVENTS GROUP LIMITED v MALCOLM JAMES BEATTIE NZEmpC AUCKLAND [2014] NZEmpC 231 [17 December 2014] IN THE EMPLOYMENT COURT AUCKLAND [2014] NZEmpC 231 ARC 22/11 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN PREMIER EVENTS GROUP LIMITED First Plaintiff AND BA PARTNERS LIMITED (IN LIQUIDATION AND RECEIVERSHIP) Second Plaintiff AND MALCOLM JAMES BEATTIE First Defendant AN

7. McElroy & Ors as Trustees of the Shona and Roger McElroy Family Trust v Lay [pdf, 284 KB]

   UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN SHONA KAY McELROY, ROGER IAN McELROY and RUSSELL STUART MELVILLE as Trustees of the Shona and Roger McElroy Family Trust Claimants AND No First or Second Respondents AND STEPHEN BRIAN LAY Third Respondent AND JESSOP TOWNSEND LIMITED Fourth Respondent AND AUCKLAND CITY COUNCIL Fifth Respondent AND ARCHITECTURAL WATERPROOFING LIMITED (in Liquidation

8. [2023] NZEnvC 152 Airbnb Australia Pty Limited v Christchurch City Council [pdf, 1.1 MB]

   AIRBNB AUSTRALIA PTY LIMITED v CCC – PC4 – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 152 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act regarding Proposed Plan Change 4 to the Christchurch District Plan BETWEEN AIRBNB AUSTRALIA PTY LIMITED (ENV-2022-CHC-19) Appellant AND CHRISTCHURCH CITY COUNCIL Respondent Environme...

9. 2021-07-05 Transcript (up until1.30pm of day 39).pdf [pdf, 1.9 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CHC-127 IN THE MATTER OF AND The Resource Management Act 1991 Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 28 June 2021 held in Dunedin Court: Environm

10. Alternative Dispute Resolution: general civil cases [pdf, 675 KB]

    ...safeguards of the court in relation to appeal and precedent. Some lawyers felt that there was an increasing trend towards challenging arbitration outcomes on technical grounds, which increased the cost of the arbitration pathway. At the heart of those appeals was a fundamental dissatisfaction among parties with arbitration processes. Despite perceptions that mediation has benefits that exceed those of arbitration, the lawyers participating in the lawyers survey reported that mediation...