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1. [2015] NZEmpC 35 Coy v Commissioner of Police [pdf, 592 KB]

   ...complaint is about historical alleged ongoing incidents of maltreatment in employment. That is so, in particular, where those allegations relate to the acts or omissions of an immediate supervisor who is substantially removed from the employer’s human resources personnel or other senior management in the organisation’s hierarchy. [11] If one accepts (solely for the purpose of these general comments) the validity to her of the plaintiff’s numerous historic complaints against h...

2. [2019] NZEnvC 160 Hawthenden Limited v Queenstown Lakes District Council [pdf, 21 MB]

   ...the significant element of judgment required to select features and landscapes as "sufficiently natural" to warrant identification as ONFs or ONLs. In particular, that selection includes choices as to the significance or otherwise of human modifications to a feature or landscape. Associated with those choices are judgments as to the resilience, or otherwise, of the feature or landscape to further human modification. Transparency in the ODP about those choices is highly desir...

3. 2022-02-11 Appendices 1 - 6 to Statement of Evidence of Kerstin Strauss dated 11 February 2022 (Part 2) [pdf, 19 MB]

   ...Prevent spread of contamination - Engage the Environmental Consultant to ensure that the site can be managed in accordance with statuary requirements (i.e. National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health). 111 stellat EA Plans 10.0 VEGETATION MANAGEMENT There are no protected trees, significant indigenous vegetation or Significant Natural Areas within the site which consists almost entirely of exotic pasture species...

4. [2011] NZEmpC 56 Sealord Group Ltd v Service & Food Workers’ Union Nga Ringa Tota [pdf, 81 KB]

   ...showed an underlying intention that no more than four weeks holiday was to be allowed for annual holidays and any service holiday combined. [10] By way of ancillary support for this submission, Mr Towner also relied on a clause in the plaintiff’s human resources policy which, under the heading “Additional Leave Entitlement”, contains the sentence “In no case will more than 4 weeks annual leave be granted.” [11] For the defendant, Mr Cranney supported the Authority’s dete...

5. [2012] NZEmpC 76 N Ltd v O [pdf, 121 KB]

   ...that both parties were concentrating on the confusion to customers the defendant had previously serviced, depending upon whether or not he was reinstated to garden leave, as the plaintiff sought. He referred to the evidence of the plaintiff’s human resources manager who had sworn an affidavit in opposition to the interim reinstatement application. This had annexed an email from her reporting on advice from the customer services team that they had taken a call from a client expre...

6. ENVC Hearing 6Oct14 DM Piritahi Toi Te Rangiuaia [pdf, 104 KB]

   ...the mountains and there be cleansed by the winds of Tawhirimatea 17. The import of whakatauaki for Maori is informative in nature. It gives reference to a dialogue between the natural and phenomenal worlds perceived in the landscape of tangata/humans. The above proverb refers to the hau or vitality of an individual being replenished on the returned homeward journey. It is a realisation that the identity of familiar surrounds of landscape, seascape, skyscape and associated cultura...

7. ENVC Hearing 6Oct14 DM Piritahi Paora Joseph [pdf, 119 KB]

   ...Bader in 2013. When the subdivision took place no separate title was issued for the urupaa. This was a significant oversight which needs to be remedied in accordance with article 2 and 4 of Te Tiriti o Waitangi which guarantees Maori the basic human rights implicit within their cultural and spiritual praxis to continue their relationship with the living and dead. TIKANGA AND WAAHI TAPU 16. The first point I would like to make is about manaakitanga and tuku whenua. 17. With re...

8. CAC306 v Murphy & Anor [2015] NZREADT 88 [pdf, 130 KB]

   ...[2] Simply put, we found that it was unsatisfactory of the defendants to have allowed prospective bidders for a residential property to enter and view it when the defendants had clear evidence that the property was contaminated by P and a danger to human health. The extracts from our decision set out below provide more background. [3] On 23 September 2015 we held a hearing in Auckland as to penalty and we cover below submissions we then received. 2 Our Decision of 3 June 201...

9. BORA Prisoners' and Victims' Claims Bill [pdf, 194 KB]

   ...consistent with the New Zealand Bill of Rights Act 1990 ("BORA"), we have set out the basis of that conclusion below. Introduction 2. The Bill creates specialised schemes for the award and receipt of monetary compensation under the BORA, the Human Rights Act 1993 and the Privacy Act 1993 in respect of claims brought by prison inmates and others subject to control or supervision as a result of a prison sentence ("inmate claims") and for the bringing of civil procee...

10. E40 Marija Jukic - Contaminant Discharge - EIC - Council [pdf, 772 KB]

    ...(Conditions / Mitigation); and (e) Conclusions. 5.2 I note that Rob Van de Munckhof’s evidence provides an assessment of the Application in terms of the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health. 6. EXECUTIVE SUMMARY 6.1 The Applicant is seeking consent to discharge contaminants to land and water from construction activities associated with the development of infrastructure for the America’s Cup. 6.2 I c...