Search Results

1. LCRO 264/2016 YQ v VG [pdf, 174 KB]

   ...working environment at the school”.1 [4] Ms YQ raised a personal grievance challenging her suspension and dismissal. Mediation was unsuccessful and Ms YQ was not satisfied with the decision reached by the Employment Relations Authority. Her appeal to the Employment Court concluded that the she had established her disadvantage grievance, because the employer’s decision to suspend her was not a conclusion a fair and reasonable employer could have reached in all the circumstanc...

2. [2017] EmpC 154 Sawyer v Victoria University [pdf, 330 KB]

   ...Dr Sawyer’s application for leave to extend time calls into question the authority Mr Lloyd had to consent to a compliance order. In these circumstances, the Vice-Chancellor claims that privilege has been waived. Legal test [18] The Court of Appeal considered waiver of privilege in Ophthalmological Society of New Zealand Inc v Commerce Commission.7 7 Ophthalmological Society of New Zealand Inc v Commerce Commission [2003] 2 NZLR...

3. Pepere - Tikitiki A23 (2001) 61 Ruatōria MB 150 (61 RUA 150) [pdf, 688 KB]

   ...1967. The purpose of the Maori Affairs Amendment Act 1967 was reflective of former land policies. In 1986, the Maori Appellate Court stated that the intention of the 1967 Amendment was to facilitate sales of Maori land. (See In Re Te Koutu E63 and An Appeal by Bernadette Wenarata Ayton 7 Waiariki Appeal MB 58). Under section 6/67 where confronted with land beneficially owned by no more than four persons, the Registrar could issue in respect of the block a declaration that the status of...

4. Connors - Rakautaua 1B2A2 (2007) 180 Aotea MB 242 (180 AOT 242) [pdf, 825 KB]

   ...a resource consent for the subdivision there appeared to be no reason why they should have to wait until new title for the exchanged land would be available. To that end the draft order is intended to facilitate prompt payment to them once the appeal period has lapsed and the implementation of the subdivision is only a matter of mechanics and time. Submissions of dissenting owners [11 ] (a) (b) Ms Hipango submitted that: the dissenting owners do not consent to the resolution...

5. Wellington International Airport Limited Legal Submissions - 10 December 2018 [pdf, 217 KB]

   ...on safety issues not yet available to the Court is the subject of an assessment by a Government Authority tasked with providing that assessment. In this case that Authority’s previous assessment has been the subject of judicial review and appeals to the Supreme Court. Its process was found wanting and it has had to reassess how it approaches this type of assessment. 24. In this instance, the first in the new environment, the DG was aware that there was an adjourned proceeding...

6. [2021] NZACC 30 - Knox v ACC (5 February 2021) [pdf, 187 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 30 ACR 124/17 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN DONALD KNOX Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 23 November 2020 Heard at: Dunedin/Otepoti Appearances: Mr P Sara for the appellant Mr C Light for the respondent Judgment: 5...

7. [2019] NZEmpC 147 Baker v Hauraki Rail Trail Ltd [pdf, 273 KB]

   ...obligations of good faith in section 4 of the Employment Relations Act 2000. The second and third defendants deliberately subverted the determination and orders made by member Crichton in August 2015. (c) The grounds on which the plaintiff makes the appeal to include the second and third defendant in reopening of the investigation are breaches of the Crimes Act 1961 s111, the Employment Relations Act 2000, s134A(1) and section 4. In addition, the plaintiff seeks a compliance or...

8. Hutana - Estate of Te Whe Ariki Hutana (2019) 57 Te Waipounamu MB 27 (57 TWP 27) [pdf, 320 KB]

   ...applications before this Court concerning the estate. On 14 February 2019, Judge Reeves issued a preliminary determination regarding who is entitled to succeed to Te Whe Ariki Hutana’s Māori land interests under her will.1 Huia Williamson has appealed that preliminary determination, and the applicant in the extant proceedings, Waka Nathan Hutana, has applied for a rehearing. Both applications remain live. [3] On 11 June 2019, I heard two applications in relation to the estate....

9. 2021-05-19 Dr Royden Somerville - Memorandum of Amicus Curiae [pdf, 180 KB]

   ...Limited v lnvercargill City Council [1991) 1 NZLR 86 (CA) at 90; refer also J F Burrows & RI Carter, above, at 278 and 282-285. Resource Management Bill, Explanatory Note, at page xii. 8 28. Part 15 of the RMA was considered by the Court of Appeal in Hilder v Port Otago Ltd. 15 The Court stated: 16 As to be expected in such major and far-reaching legislation, the Resource Management Act contains extensive savings and transitional provisions. Although Part XV is entitled "...

10. 2021-05-19 Dr Royden Somerville - Memorandum of Amicus Curiae [pdf, 180 KB]

    ...Limited v lnvercargill City Council [1991) 1 NZLR 86 (CA) at 90; refer also J F Burrows & RI Carter, above, at 278 and 282-285. Resource Management Bill, Explanatory Note, at page xii. 8 28. Part 15 of the RMA was considered by the Court of Appeal in Hilder v Port Otago Ltd. 15 The Court stated: 16 As to be expected in such major and far-reaching legislation, the Resource Management Act contains extensive savings and transitional provisions. Although Part XV is entitled "...