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1. BORA Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill [pdf, 347 KB]

   ...promotional messages designed to reduce the harm caused by alcohol (e.g. drink-driving advertisements). 7. As Clause 10 of the Bill restricts the ability of the liquor industry to advertise their product (and the ability of consumers to receive that information), we have considered whether Clause 10 is inconsistent with section 14 of the Bill of Rights Act. 8. Under section 14 of the Bill of Rights Act, every person has the right to freedom of expression: Everyone has the right to fr...

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

   ...are crucial for international trade. Economic activity associated with tourism, boating, fishing, marine farming and urban development all take place in the coastal marine area.7 Many of these activities either directly or indirectly rely on some form of coastal occupation. At the same time, access to the coastal marine area is guarded by New Zealanders as a birth right.8 As population and technological capability grow, so too will the competition for occupation rights and access to the c...

3. MBL v Shadforth [2016] NZIACDT 37 (3 August 2016) [pdf, 205 KB]

   ...Shadforth provided submissions. It is not clear whether Ms Shadforth deliberately misconstrued the interim decision, or was unable to understand her situation. It is sufficient to note: [6.1] Ms Shadforth used the submissions as an opportunity to claim the Tribunal was wrong in its decision in Five Complainants v Kumar [2015] NZIACDT 82. The Tribunal in its interim decision made it plain it would not take that decision into account in relation to sanctions. [6.2] She also used the oppo...

4. [2012] NZEmpC 102 Tinkler v Fugro PMS Pty Ltd & Pavement Management Service [pdf, 100 KB]

   ...Employment Relations Authority (the Authority) as a preliminary issue. The Authority declined to find that the agreement had been entered into under duress. 1 Mr Tinkler challenges the Authority’s preliminary determination on this point. Fugro’s application for a compliance order under s 137 of the Employment Relations Act 2000 (the Act) was removed to this Court for hearing with Mr Tinkler’s challenge. 2 [2] While there was a direct conflict in the evidence of Mr Tinkl...

5. [2008] NZEmpC AC 3/08 B W Murdoch Ltd v Horn (Labour Inspector) [pdf, 45 KB]

   ...17 4-8 July 10.5 10.5 10.5 11.75 - 43.25 18 11-15 July 10.75 10.75 10.25 10.25 - 42 19 18-22 July 10.25 10.25 10.25 10 10 50.75 20 25-29 July 10 10 10.25 - - 30.25 Public holidays are noted with an *. The hours on those dates are the hours claimed by Mr Honkoop as payment for public holidays although not worked by him. [14] In each of the first 4 weeks of his employment, Mr Honkoop worked 5 days a week and his hours exceeded 40 hours a week. After that, he was asked by his...

6. ENVC paper Challenges Changes in Environment Court 2013 [pdf, 103 KB]

   ...current role of the Court in the resource management system, and about whether it is possible to speed up processes in the Court. [2] This section of my paper addresses recent and current initiatives. [3] I want to start by making a fairly bold claim that I believe is accurate and can be backed up by statistical analysis and the views of others. In contrast to the situation about a decade ago, I believe it can now be said that the Environment Court is one of the most efficient parts...

7. D J Bethell Family Trust - Rangitatau Waitōtara 3C2B2 and 3C2B3 Trust (2019) 408 Aotea MB 210 (408 AOT 210) [pdf, 188 KB]

   ...THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20180001061 UNDER Sections 231, 237 and 240 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Rangitatau Waitōtara 3C2B2 and 3C2B3 Trust D J BETHEL FAMILY TRUST Applicant Hearing: 19 February 2019, 397 Aotea MB 114 (Heard at Whanganui) Appearances: Reece Pritchard in person Stephen Toa-Wairere, Patrick Toa-Wairere in person Judgment: 4 December 2019 I...

8. Deputy Registrar v Severne - Okahukura 8M2C2C2B (2017) 365 Aotea MB 174 (365 AOT 174) [pdf, 193 KB]

   ...MB 174 IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20160006639 UNDER Sections 239 and 244 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Okahukura 8M2C2C2B BETWEEN DEPUTY REGISTRAR Applicant AND BENJAMIN SEVERNE, IRIS KEREHOMA, PAUL EDWARDS Respondents Hearing: Appearances: 306 Aotea MB 170 dated 17 October 2016 365 Aotea MB 181-195 dated 13 February 2017 (Heard at Tūrangi) Manu Kereh...

9. [2021] NZEnvC 012 Davis v Gisborne District Council [pdf, 709 KB]

   ...and F Wedde for the Gisborne District Council G Webb for the Gisborne Pistol Club Inc Date of Decision: 22 February 2021 Date oflssue: 22 February 2021 DECISION OF THE ENVIRONMENT COURT ON COSTS Davis v Gisborne District Council 2 A: The application for costs is granted. B: $16,000 is awarded against the Council and $5,000 is awarded against the Club. Both awards are made in favour of the Residents. REASONS Introduction [1] The Court allowed an appeal by R J Davis agains...

10. [2023] NZEmpC 235 Pact Group v Sheridan [pdf, 211 KB]

    ...[1] Roseanne Sheridan was employed by Pact Group as a Community Support Worker until she was dismissed for medical incapacity. She pursued a personal grievance for unjustified dismissal which has given rise to a dispute about whether her claim was raised within time or was one day late. [2] The outcome of this dispute depends on interpreting the notice period in the collective agreement covering Ms Sheridan’s work and the dismissal letter Pact sent to her conveying the notic...