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1. [2022] NZEmpC 192 E Tū Inc v Rasier Operations BV [pdf, 483 KB]

   ...Rasier New Zealand Ltd [2020] NZEmpC 230, [2020] ERNZ 530. 4 Noah Zatz “The Impossibility of Work Law” in Guy Davidov and Brian Langille (eds) The Idea of Labour Law (Oxford University Press, Oxford, 2011). 5 Tripartite Working Group on Better Protections for Contractors Report to the Minister for Workplace Relations and Safety (December 2021). Determining employment status – a purposive approach applies [4] Employment status is the gate through which a worker must pass bef...

2. [2014] NZEmpC 117 Hutchison v Nelson City Council re-issued [pdf, 222 KB]

   ...individual issues. The plaintiff’s case [62] In Ms Hutchison’s statement of claim dated 25 October 2013, she raised eight allegations; these were reduced to the following six when Ms Hutchison gave evidence: a) NCC failed in its duty of care to provide a safe working environment. b) NCC failed to comply with the statutory requirement “to be active and constructive in establishing and maintaining a productive employment relationship in which the parties are, amo...

3. 2019 to 2024 Ministry of Justice statement of intent [pdf, 2.3 MB]

   ...stake in our justice system and everyone benefits from a system that works fairly and effectively. A strong justice system ensures laws are upheld and allows people to go about their lives confident that they’re safe and their rights will be protected. How we’re improving intergenerational wellbeing The Treasury’s Living Standards Framework has four indicators, or capitals, to capture the foundations of wellbeing – human, social, natural and financial/ physical. Intergenerati...

4. [2018] NZEnvC 088 Clearwater Mussels Limited v Marlborough District Council [pdf, 21 MB]

   ...Areas of Outstanding Landscape Value ('AOLVs'). They submitted that these broader structural elements emphasise what the Sounds Plan is seeking to achieve strategically in terms of where marine farms should be located as opposed to where protection of landscape and natural character values is given higher priority. 23 [31] Drawing extensively from the evidence of its planning witness, Mr Johnson, the Council submitted that the Sounds Plan and pEMP are "directive"...

5. Wihelmus Hooft van Huijsduijnen v Woodley [2012] NZWHT Auckland 11 [pdf, 451 KB]

   ...at the rear of the dwelling to assess the problem with the foundation retaining wall. He found a retaining wall built from Styroform polystyrene blocks with a Mulseal membrane applied to the polyblocks and a 65 mm polystyrene drainage board to protect the membrane. The drainage board was nailed to the polyblocks. The soil was backfilled to ground level with no drainage metal. One investigation hole revealed no drainage board in the first 100 mm. Soil conditions varied from damp to...

6. Julian v Inia - Succession to Moehuarahi Te Ruuri [2021] Chief Judge's MB 1095 (2021 CJ 1095) [pdf, 397 KB]

   ...Moehuarahi’s will was never granted probate and the opportunity to challenge its contents was never afforded to her children; (c) The failure of the Court to take into account the moral duty of the deceased to provide for all her children under the Family Protection Act 1955; and (d) The failure of the Court to declare and deal with any appearance of bias, due to His Honour’s involvement with the deceased’s husband’s estate. [3] The application was opposed by the trustees of...

7. [2016] NZEnvC 140 South Epsom Planning Group Inc & Three Kings United Group Inc v Auckland Council [pdf, 5.4 MB]

   ...regard to the comments we have made in the identified paragraphs of this decision: • Amend Objective 2 - paragraph [55]; • Address the integration/connectivity issue - paragraphs [91] - [92] and [188]; • Provide for the recognition or protection of volcanic features which we have indicated is appropriate - paragraphs [117], [119], [122] and [124]; • Address the view shaft issue - paragraph [131]; • Address the building form issue - paragraph [140]- [146]; • Delete...

8. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore Appendix 3 Makgill [pdf, 303 KB]

   ...‘marine coastal area’1 and creates the ‘common marine and coastal area’. The common marine and coastal area is incapable of ownership by the Crown or any other person. However, in keeping with traditional approaches to common property the MCAA protects public rights of access, navigation and fishing within the common marine and coastal area.2 Accordingly, the MCAA is consistent with the concepts of public property discussed in this chapter, and the balance of the chapter’s discu...

9. LCRO 188/2018 KB v WQ and LT (22 January 2021) [pdf, 264 KB]

   ...complaints brought by the Bar ... [64] He did go on to say that: But it has also been said that res judicata or double jeopardy principles may not apply to disciplinary bodies because their “disciplinary requirements serve purposes essential to the protection of the public, which are deemed remedial, rather than punitive”: Spencer v Maryland State Board of Pharmacy, 846 A 2d 341, 352 (Maryland Court of Appeals, 2003); cf Re Fisher, 202 P 3d 1186, 1199 (Sup Ct, Colorado, 2009). [6...

10. 1.-Full-List-of-Fee-Changes-23-July.pdf [pdf, 366 KB]

    ................................................................................................................................... 19 Disputes Tribunal .............................................................................................................................................. 19 Immigration and Protection Tribunal ................................................................................................................. 19 Lawyers and Conveyancers Disciplinary Tribun...