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  1. ENVC Hearing 6Oct14 DM expert Robert Greenway [pdf, 2.7 MB]

    ...interpretation. A short marine education walk would support local tourism activity and ease waiting times for ferry users. Enclosure, reclamation/decking and additional traffic would seriously limit this option over the long-term, and degrade a form of recreation which currently remains a stark contrast to that available at the Auckland ferry terminal, from which Matiatia Bay must differentiate itself. CODE OF CONDUCT 14. I am familiar with the Environment Court’s Code...

  2. [2015] NZEmpC 232 Bidvest New Zealand Limited v FIRST Union Inc reasons for interlocutory [pdf, 132 KB]

    BIDVEST NEW ZEALAND LIMITED v FIRST UNION INC NZEmpC AUCKLAND [2015] NZEmpC 232 [20 December 2015] IN THE EMPLOYMENT COURT AUCKLAND [2015] NZEmpC 232 EMPC 383/2015 IN THE MATTER OF of an application for injunction and declaration AND IN THE MATTER of an application for interim injunction BETWEEN BIDVEST NEW ZEALAND LIMITED Plaintiff AND FIRST UNION INC Defendant Hearing: 20 December 2015 (by telephone conference call)...

  3. [2012] NZEmpC 190 ABC01 Ltd (formerly Primary Heart Care Ltd) v Dell [pdf, 87 KB]

    ABC01 LIMITED (FORMERLY PRIMARY HEART CARE LIMITED) V HOWARD DELL NZEmpC AK [2012] NZEmpC 190 [6 November 2012] IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 190 ARC 62/12 IN THE MATTER OF an application for leave to file challenge out of time BETWEEN ABC01 LIMITED (FORMERLY PRIMARY HEART CARE LIMITED) Plaintiff AND HOWARD DELL Defendant ARC 65/12 IN THE MATTER OF an application for compliance order BETWEEN HOWARD DELL Plainti...

  4. ENV-2016-AKL-000TBA Terra Nova Planning Limited v Auckland Council (Topic-056-057) [pdf, 742 KB]

    ...outcomes. Relief Sought TNP submits that the provision of a hamlet subdivision and development rules of the kind currently in the ADP: Rodney Section to apply to the same or equivalent rural zones; provided that such rules should be generically applicable to qualifying sites and not dependant on prior identification by the council. Subdivision in the Future Urban Zone The Future Urban Zone provisions of the PAUP will essentially ‘lock‘ landowners into a zone with Rural P...

  5. [2011] NZEmpC 103 Muldoon v Nelson Marlborough DHB [pdf, 153 KB]

    ...Mr Muldoon‟s grievance. He has elected to challenge that determination by hearing de novo. [2] The relevant facts are largely uncontroversial. Although both parties tendered extensive evidence about related events (such as Mr Muldoon‟s applications for permanent positions with the Board and the reasons for his non- appointment), they are not material to the Court‟s determination of the essential 1 [2011] NZERA Christchurch 16...

  6. [2021] NZEnvC 098 Maungaharuru-Tangitu Trust v Hastings District Council [pdf, 4 MB]

    ...permitted, controlled or even restricted discretionary activities. What is now being put forward in terms of both permitted and restricted discretionary status would be significantly less burdensome for any farming operation, in the sense that an application for a restricted discretionary activity can be squarely focussed on the issues to which the decision­ maker's discretion is solely confined. The questions of course are still whether what is proposed conforms with and gives...

  7. [2010] NZEmpC 112 Pacific Blue Employment & Crewing Ltd v B [pdf, 34 KB]

    ...fly passenger aircraft operated by Pacific Blue. On 25 May 2010 he was summarily dismissed for misconduct. [2] The defendant is pursuing a personal grievance that his dismissal was unjustifiable and is seeking permanent reinstatement. That claim is now before the Employment Relations Authority. The defendant also sought interim reinstatement which the Authority granted in a determination dated 26 July 2010.1 Interim reinstatement was granted in the form of “garden leave” m...

  8. The Intersecting Lines - Business interests and personal autonomy [pdf, 335 KB]

    ...say that notions of privacy have failed to generate much traction in the employment sphere. The early signs were not encouraging, with the Employment Court casting doubt on whether a breach of privacy by an employer could be used to support a claim of unjustified action. That might, it was said, amount to an objectionable collateral use of the principles contained within the Privacy Act 1993, which the employment institutions had no jurisdiction to enforce.4

  9. CAC 10054 v Subritzky [2012] NZREADT 20 [pdf, 122 KB]

    ...“73 Misconduct For the purposes of this Act, a licensee is guilty of misconduct if the licensee’s conduct – (a) Would reasonably be regarded by agents of good standing, or reasonable members of the public, as disgraceful;” [3] The formal charge set out particulars of the alleged misconduct of the defendant as follows: 2 “Particulars : On 18 December 2009 [and on 2 August 2010], at 45G Cavendish Drive, Manukau, or thereabouts, the defendant behaved in a v

  10. McLachlan v CAC 10048 & Hegan [2012] NZREADT 39 [pdf, 51 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL Decision no: [2012] NZREADT 39 Reference no: READT 55/11 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN ROBERT JAMES McLACHLAN Applicant AND REAL ESTATE AGENTS AUTHORITY (CAC 10048) First respondent AND GRAEME HEGAN Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger - Member Mr G Denley - Member HEARD at INVE...