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1. [2023] NZEmpC 193 Le Gros v Fonterra Cooperative Group Ltd [pdf, 284 KB]

   ...the Court does is specialised – it involves the resolution of issues between parties to employment relationships within the industrial relations framework. All of this receives statutory recognition, including via ss 214(1) and 216, limiting appeals against a decision on the construction of either an individual employment agreement or a collective employment agreement, and (when deciding an appeal) requiring regard to be had to the special jurisdiction of the Court, the objects o...

2. [2012] NZEmpC 218 NZ Airline Pilots Association v Mt Cook Airlines Ltd [pdf, 147 KB]

   ...Thompson, counsel for the defendant Judgment: 17 December 2012 JUDGMENT OF JUDGE A D FORD Introduction [1] After the hearing of this case in May 2011, the parties agreed that judgment should be deferred pending delivery of the Court of Appeal decision in Postal Workers Union of Aotearoa Incorporated and Street v New Zealand Post Limited. 1 It was considered that the decision in that case could have relevance in that it was concerned with the correct method of calculat...

3. EMPC Old dogs new tricks conference presentation [pdf, 239 KB]

   ...(s12) and the right of workplace access to employees by a bargaining representative (ss 13 and 14). Despite attempts from time to time by the Employment Court to do so (most of which were either negated or at least significantly restricted on appeal), 3 it was difficult to engraft onto a statutory obligation to recognise a bargaining agent, what we now know to be obligations of good faith bargaining. Some, but not much, judge-made law supporting good faith bargaining was developed...

4. LCRO 13/2021 ZW v HN (25 November 2021) [pdf, 250 KB]

   ...to set aside the unsatisfactory conduct finding, Mr ZW seeks a reduction of the fine and costs imposed by the Committee. [39] Mr ZW submits that: (a) it remains uncertain as to whether Mr HN’s complaint is time-barred; and (b) the Court of Appeal decision in PF Sugrue Ltd v Attorney-General [2004] 1 NZLR 207 is authority for the proposition that s 4(1)(d) of the Limitation Act has no application, and there is no statutory time limit in bringing a claim under the NZBORA; and...

5. [2019] NZEmpC 83 Pitman v Advanced Personnel Services Ltd [pdf, 374 KB]

   ...costs. [51] However, the inquiry does not start and stop with the assessment of actual costs.36 In George the Court considered whether a contractual indemnity involved any discretion under cl 19(1) of sch 3 to the Act.37 Applying the Court of Appeal’s decision in Watson & Son Ltd v Active Manuka Honey Association, the Court held that no discretion remains where a contractual indemnity is enforced, but there are public policy considerations and an assessment is needed as to w...

6. Ref: LCRO 99/2019 SQ v LP (27 October 2020) [pdf, 235 KB]

   ...scope of review [49] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:7 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

7. LCRO 193/2017 AA v BB and CC (29 November 2019) [pdf, 153 KB]

   ...impartial Review Officer. This is argument that he has carte blanche to file what he wants, when he wants. It is argument that is totally ignoring of the process by which a review is conducted, and totally ignoring of the fact that a review is not an appeal process, or a de novo hearing, but a particular statutory process with focus on reviewing information that has been presented to a Standards Committee. [49] The relevance of the information filed by Mr AA will be addressed later in...

8. Bayne v Ngati Rehua Ngati Wai ki Aotea Trust Board - Ngatirehua Ngatiwai ki Aotea Trust (2015) 115 Taitokerau MB 41 (115 TTK 41) [pdf, 228 KB]

   ...of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. 115 Taitokerau MB 46...

9. [2019] NZEnvC 090 Saville v Queenstown Lakes District Council [pdf, 4.9 MB]

   ...Savi lle v Queenslown Lakes District Counci l - Declaration Decision 2 C: Costs are reserved. Any application for costs is to be made by 31 May 2019; any reply is to be made by 7 June 201 9. REASONS Introduction [1 J Allister Saville has appealed the Queenstown Lakes District Council's decision to grant Timothy Roberts resource consent to establish and operate a helipad at 704 Malaghans Road , Wakatipu Basin.' [2J Mr Roberts owns and resides at the Malaghans Road p...

10. [2024] NZEnvC 111 Scaife v Queenstown Lakes District Council [pdf, 255 KB]

    SCAIFE V QLDC – TOPIC 38 – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 111 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN JAN-MARC SERVAAS SCAIFE (ENV-2021-CHC-022) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner J T Baines Hearing: On...