Search Results

1. [2019] NZEnvC 056 Mackenzie District Council [pdf, 7.3 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN Decision No. [2019] NZEnvC 56 of the Resource Management Act 1991 of an application for declarations under section 311 of the Act MACKENZIE DISTRICT COUNCIL (ENV-2018-CHC-208) Applicant Court: Environment Judge J E Borthwick Environment Judge J J M Hassan Environment Commissioner R M Dunlop Hearing: at Christchurch on 4 and 14 February 2019 Appearances: D G Caldwell and A C Limm...

2. EMPC speech GUEST LECTURE Privacy Employment Interface delivered in June 2016 [pdf, 311 KB]

   ...considerable amount of discussion about privacy rights and what an employer can and cannot do. It is unclear whether Ms Hammond was in an employment relationship with Credit Union at the relevant time and accordingly whether she could have brought a claim against it in the employment institutions. Nevertheless, the discussion provides a useful opportunity to reflect on the circumstances in which an employer can take disciplinary action in relation to an employee’s online activit...

3. Arthur v Accident Compensation Corporation (Vocational Independence) [2023] NZACC 36 [pdf, 253 KB]

   ...2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Vocational independence - s 107, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 17 June 2019. The Reviewer dismissed an application for review of the Corporation’s decision dated 10 January 2019 assessing Mr Arthur as vocationally independent. Background [2] Mr Arthur was born in December 1979. He worked in various roles, including as a builder, labou...

4. ENVC Hearing 6Oct14 DM Piritahi Maikara Ropata [pdf, 165 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 STATEMENT OF EVIDENCE OF (LORNA) MAIKARA ROPATA (PIRITAHI MARAE) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS 5 August 2014...

5. [2008] NZEmpC WC 12A/08 Orakei Group (2007) Ltd formerly PRP Auckland Ltd v Doherty [pdf, 52 KB]

   ...grievant raised an employment relationship problem against the plaintiff, then named PRP Auckland Limited, and an associated company, 54 Cuba Street (2007) Limited. This went to the Employment Relations Authority for investigation of their claims that they were owed redundancy money and other allowances by the two companies. [3] Before the investigation meeting on 15 May 2007, 54 Cuba Street (2007) Limited accepted liability for the redundancy payments leaving other entit...

6. [2020] NZEmpC 40 Innovative Landscapes (2015) Ltd v Popkin [pdf, 398 KB]

   ...JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] Ms Popkin is a landscape architect. She was employed by the plaintiff company for around two-and-a-half years before her employment was terminated on the grounds of redundancy. She claimed that she had been unjustifiably dismissed. The Employment Relations Authority upheld her claim and awarded her one week’s wages and $15,000 by way of compensation under s 123(1)(c)(i) of the Employment Relations Act 2000 (the Act).1...

7. [2016] NZEmpC 19 O'Shea (Labour Inspector) v Pekanga O Te Awa Farms Ltd [pdf, 247 KB]

   ...the imposition of a penalty in regard to this particular issue, since the alleged breach was not specifically referred to in the Improvement Notice, was not the subject of the original recovery action, and was not referred to in the statement of claim. 6 [21] Ms Milnes submitted that these were nonetheless matters that were relevant to the question of whether the company was making a genuine effort to comply with relevant standards, as it contended was the case. To the extent tha...

8. 2021-04-20 Transcript (up to end of day 17) [pdf, 2.6 MB]

   ...looking for more than just a restatement of what you said in the transcripts. A. Sure. Q. I’ll be looking to get some more information out of you. So I’d just like to start by exploring your experience with preparing resource consent 15 applications. So would you be able to just briefly explain to me, in terms of your experience, what is your experience with that in recent times, particularly as it relates to deemed permits? A. Sure, so in recent times, a lot of the applic...

9. [2017] NZEmpC 130 ALA v ITE [pdf, 402 KB]

   ...October 2017] THERE IS AN ORDER PROHIBITING PUBLICATION OF THE NAMES OF THE PARTIES AND ANY INFORMATION LEADING TO THE PARTIES’ IDENTITY IN THE EMPLOYMENT COURT AUCKLAND [2017] NZEmpC 130 EMPC 218/2017 IN THE MATTER OF an application for sanctions BETWEEN ALA Plaintiff AND ITE Defendant Hearing: 26 October 2017 (heard at Tauranga) Appearances: M Ward-Johnson, counsel for the plaintiff ITE in person Judgment:...

10. 2021-03-24 Transcript up to end of day 10 [pdf, 3.8 MB]

    ...an efficient and timely transition to a new land and freshwater management regime that gives full effect to the NPSFM. It establishes an interim planning framework to facilitate the cost-effective and efficient assessment of resource consent applications for the replacement of deemed permits and for the take and use of 10 freshwater. The need for an interim framework stems from the following interlinked issues. First, historically high levels of water taking in parts of the...