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LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2022] NZLCRO 031 Ref: LCRO 20/2020 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN WD and FJ Applicants AND EG, SN and PL Respondents The names and identifying details of the parties in this decision have been changed. DECISION Introduc...
...Morunga advised the Registrar that he would not be participating in the challenge. No statement of defence or evidence was filed, and he did not attend the hearing. [5] The issues for determination are as described in WHL’s amended statement of claim. The hearing proceeded on a non de novo basis and was restricted to the alleged errors of law and/or fact as summarised earlier in this decision; in respect of its allegations WHL carried an onus of persuasion. [6] Evidence was...
...reasonable employer would have done in the circumstances. [5] In defending the challenge Mr Muller on behalf of Mr Davison accepted that his position was genuinely surplus and therefore the dismissal was substantively justified. Mr Davison’s only claim is that he was unjustifiably disadvantaged in his employment and seeks compensation for that. [6] The basis for the personal grievance at the hearing of the challenge was therefore different from that determined by the Authorit...
...appropriate protection in managing water use and land use activities (see Policy 5.4.2). The opportunity to provide such protection will arise when preparing or reviewing regional and district plans under the Resource Management Act, and when considering applications for resource consents. This schedule of natural and human use values is divided into five parts: (a) Schedule 1A: Natural values (page 20-6); (aa) Schedule 1AA: Otago Resident Native Freshwater Fish – Threat Status (pa...
...numerical standard (to follow in regional plans) relies on an interpretation of the amended objectives and policies, which as Ngati Kahungunu (whose position we will set out shOlily) asserts, sets a bottom line of a quality of water (through the application of OBJ 22 as proposed by the Council), that is suitable for human consumption and irrigation without treatment, or after treatment where this is necessary because of natural water quality. [IIJ To give more context, we should m...
...Authority (the Authority), alleging, first, that Gate had taken unilateral action in relation to employees and their terms and conditions of employment and had failed to properly consult with AWU about the proposed changes. Second, the defendants claimed Gate had acted unlawfully in paying them below the minimum wage of $756 per week. The defendants sought penalties against both plaintiffs. [4] The Authority Member said that, although he recognised that there was a diffe...
MIKA LEOTA v PARCEL EXPRESS LIMITED [2020] NZEmpC 61 [7 May 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2020] NZEmpC 61 EMPC 167/2019 IN THE MATTER OF application for a declaration under s 6(5) of the Employment Relations Act 2000 BETWEEN MIKA LEOTA Plaintiff AND PARCEL EXPRESS LIMITED Defendant AND FREIGHTWAYS LIMITED Intervener Hearing: 20-2...
...questionnaire had been sent by the Ministry of Business, Innovation and Employment (MBIE) to facilities which were deemed likely to be classified as a Major Hazard Facility (MHF). Mr Greetham completed the questionnaire on behalf of Lawter and claims that Mr Yates was copied into an email containing the completed form. There does not seem to be any evidence of this amongst the documents and Mr Yates denies having received it. It appears Mr Yates was forwarded a PDF document cont...
...price of $648,888. A rental appraisal was subsequently provided, on 11 September 2013, by Ming Way, a property manager at Harcourts New Lynn, opining that rent between $600 and $620 per week should be achievable for the property. [8] The licensee claimed that, having realised she had provided the wrong sale figure for 59B Riversdale Road, she informed that to the complainant prior to the agreement going unconditional, but the complainant did not withdraw from the contract. [9] Set...
...farming activities) are not caught by the section.209 [255] Addressing the meaning of the term ‘receiving water’, we were referred to the observation made in the Final Report and Decision of the Board of Inquiry, New Zealand King Salmon Requests for Plan Changes and Applications for Resource Consents, that the term ‘receiving waters’ is well understood to be the waters at the point of discharge.210 Among other matters King Salmon was concerned with the effects from salm...