Search Results

1. [2012] NZEmpC 124 Allen v C3 Ltd [pdf, 256 KB]

   ...The evident focus of s 18 is the existence or otherwise of an existing right, rather than whether proceedings relating to that right have been commenced or completed. [66] In Chaplin v Holden and NIMU Insurance Association 23 the Court of Appeal held, in relation to s 20 of the Acts Interpretation Act 1924, 24 that a party had an accrued right to damages as at the date the action complained of (a road traffic accident) occurred. The Court rejected a suggestion that those rig...

2. [2013] NZEmpC 35 Tan v LSG Sky Chefs NZ Ltd [pdf, 204 KB]

   ...recent judgment in the proceedings Mr Matsuoka brought against LSG was issued on 21 December 2012. 3 [4] The Supreme Court decision in Service and Food Workers Union Nga Ringa Tota Inc v OCS Ltd, 4 which set aside orders made by the Court of Appeal on issues of continuity of employment under Part 6A of the Act, was issued on 9 August 2012 and I considered it had relevance to the issues which were required to be determined in the present matter. Counsel were provided with the...

3. [2015] NZEmpC 181 Allied Investments Ltd v Guise [pdf, 167 KB]

   ...relation to another incident. Constructive dismissal [41] The legal principles relating to constructive dismissal are well established and were not in dispute. In Auckland Etc Shop Employees Etc IUOW v Woolworths (NZ) Limited, the Court of Appeal stated that constructive dismissal included, but was not limited to, cases where: 2 a) An employer gives the employee the choice of resignation or dismissal; b) An employer follows a course of conduct with the “deliberate and...

4. LA Provider Manual Part 1 - provider approvals [pdf, 990 KB]

   ...lawyer Clause 7 Police Detention Legal Assistance Clause 8 Civil Clause 9 Family Clause 10 Māori Land/Māori Appellate Courts Clause 11 Waitangi Tribunal Clause 12 Mental Health Clause 13 Refugees and Protected Persons Clause 14 Court of Appeal and Supreme Court In this chapter This chapter contains the following sections: Section See Page Application requirements 19 Approval types 20 Criteria for approval – all applicants 21 Specific criteria for approval �...

5. [2017] NZEmpC 87 Below v The Salvation Army New Zealand Trust [pdf, 259 KB]

   ...Conditions of Employment Act 1977, an employee was one who performed services in return for remuneration, which was not the position of student teachers; and that the position was not very different from that discussed by the English Court of Appeal in Wynn. Other decisions were referred to, which it was submitted, were broadly to similar effect: Teen Ranch Pty Ltd v Brown; 12 Caccippoli v Board of Trustees of Edmond Hillary School; 13 Vegar v Albany Students’ Association;...

6. [2021] NZEnvC 027 Director-General of Conservation v Taranaki Regional Council [pdf, 1.8 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOTI TAIAO O AOTEAROA KI TAMAia MAKAURAU Decision No. [2021] NZEnvC 27 IN THE MATIER of six appeals under s 120 and/ or s 174 of the Resource Management Act 1991 for Mount Messenger Bypass proposed State Highway 3 between Uruti and Ahititi, North Taranaki BETWEEN DIRECTOR-GENERAL OF CONSERVATION AND AND AND AND AND (ENV-2019-WLG-000003) (ENV-2019-WLG-000004) TE RUNANGA O NGATI TAMA TRUST (ENV-2019-WLG-000005)...

7. Harris & Ors as Trustees of the Estuary Trust v Veltman [2010] NZWHT Auckland 19 [pdf, 231 KB]

   ...no duty on purchasers to obtain a pre- purchase inspection and accordingly the allegation of contributory negligence for failure to do so could not be made out. [42] The conclusions by both Venning J and Heath J were not questioned in the appeals to the Court of Appeal. William Young P in the appeal decision on Sunset Terraces states at [166]: “... And I also think, it will be a rare case indeed where the significance of the opportunity for intermediate inspection breaks...

8. Cotter v Cotter - Tutaekuri B13 [2019] Chief Judge's MB 951 (2019 CJ 951) [pdf, 471 KB]

   ...MB 516-575 (2019 CJ 516-575). 8 Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209). 9 Tau v Nga Whānau O Morven and Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2019 Chief Judge’s MB 964 (a) Whether there was a mistake in the presentation of facts to the Court; and (b) If so, is it necessary in the interests of justice to remedy the mistake or omission. Was there a mistake or om...

9. [2020] NZEnvC 103 Taranaki Energy Watch Inc v South Taranaki District Council [pdf, 1.2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: IN THE MATTER AND BETWEEN AND Decision No [2020] NZEnvC 103 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act TARANAKI ENERGY WATCH INCORPORATED (ENV-2016-WLG-80) Appellant SOUTH TARANAKI DISTRICT COUNCIL Respondent Environment Judge J E Borthwick Environment Commissioner J A Hodges Environment Commissioner J T Baines In Chambers at...

10. [2020] NZEnvC 018 Taranaki Energy Watch Incorporated v South Taranaki District Council [pdf, 5.4 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No [2020] NZEnvC 18 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act TARANAKI ENERGY WATCH INCORPORATED (ENV-2016-WLG-80) Appellant SOUTH TARANAKI DISTRICT COUNCIL Respondent Environment Judge J E Borthwick Environment Commissioner J A Hodges Environment Commissioner J T Baines...