Search Results

1. [2022] NZEnvC 227 Nga Kaitiaki O Te Awa O Ngaruroro [pdf, 1.1 MB]

   ...Ngaruroro with a higher proportion of non-natural land use (agriculture and forestry respectively). [39] The Water Quality JWS recorded: 5. The experts agreed that water quality in a natural state refers to water that has not been degraded by human influences, i.e. minimal human disturbance, evidenced by no agriculture/horticulture/forestry in the catchment. Water in a natural state (i.e. wai Māori) is taonga tuku iho. Minor plant pest incursions, or the presence of feral deer/p...

2. [2007] NZEmpC CC 12/07 NZ Amalgamated Engineering Printing and Manufacturing Union v Air Nelson Ltd [pdf, 79 KB]

   ...“make the necessary arrangements to ensure the continuation of cargo out of Nelson” is arguably evidence of employment or engagement of Air NZ to perform the work of the striking employees. Air NZ could, of course, only perform that work through human agents and the evidence points to its assignment of various managerial personnel from other parts of the country to undertake that work and, although remaining employed by Air NZ, to nevertheless perform the work of the striking e...

3. [2010] NZEmpC 156 Raukura Hauora o Tainui Trust v Nathan [pdf, 53 KB]

   ...A disciplinary meeting was arranged with Ms Nathan and her support person, Ms Louise Darroch of the Mangere Community Centre, for 21 February 2008. The plaintiff was represented by Ms Blomfield, Tutata Matatahi and the plaintiff’s Human Resources Manager, Mr Bill Martin. When asked at that meeting who actually did the banking, Ms Nathan said that the banking timetable had been given to the receptionists but she never did the banking and she was not clear who did. Ms B...

4. [2006] NZEmpC 61A/06 NZ Tramways and Public Passenger Transport Employees Union & Anor v Transport Auckland and Cityline (NZ) Ltd [pdf, 71 KB]

   ...operators had long hours of on duty time of up to 14 hours per day, anti-social hours of shift work (4.45am to 1.30am the following day plus Night Rider Services, midnight to 4am) and extended time away from their families. [8] Mr Cook, the National Human Resources Manager for Stagecoach New Zealand, the trading name of Transportation Auckland Corporation Limited and Cityline (New Zealand) Limited, said the cea, which has the full name of Bus Operators, Servicepersons/Operators &a...

5. [2006] NZEmpC AC 34/06 NZ Engineering Printing & Manufacturing Union v ACI Operations NZ Ltd [pdf, 71 KB]

   ...the financial consequences for the defendant of employees being permitted to choose the days on which longstanding entitlements to alternative holidays were taken. Evidence in support of this argument was given by Mr Woodcock, the defendant’s human resources manager. He said in his affidavit that the additional cost to the defendant of employees predominantly taking holidays on those days which attracted higher rates of pay was very substantial. [57] In advancing his submissio...

6. [2012] NZEmpC 220 Matsuoka v LSG Sky Chefs NZ [pdf, 130 KB]

   ...be dealt with at the same time as the removed proceeding in ARC 23/12. The evidence 7 At [94]. [17] I found in my substantive judgment that the plaintiff was interviewed by Marie Park, the Human Resources Manager of LSG, on 23 February 2011. 8 The plaintiff’s name had appeared on a list of persons who had elected to transfer to LSG. The plaintiff and three others were represented by Mr Mann who advised Ms Park that he was...

7. ENVC Hearing 6Oct14 AC rebuttal Stephen Brown [pdf, 164 KB]

   ...paragraph 70 onwards Mr Scott addresses the nature and extent of the “Western Landscape (Land Unit 20)” in the Operative District Plan before stating at paragraph 74 that: “It is reductionist to identify buildings (dwellings), and other human artefacts (wharves, carparks, other minor public service structures and existing moorings even) in this landscape as representing and signifying ‘modification’ that justifies further intensive development”. 8. At paragr...

8. [2014] NZEmpC 97 S v L Ltd [pdf, 129 KB]

   ...plaintiff’s side, S himself and a partner in the firm of lawyers representing him in the criminal proceedings and, probably also, representing him in his employment relations dealings with L Limited. For L Limited, present were a General Manager, a Human Resources Manager, and counsel for the defendant in the present proceedings, Mr Harrison. [34] Mr Harrison’s subsequent letter to S’s solicitors dated 20 May 2013 (which appears to have a typographical error when it refers...

9. ENVC Hearing 6Oct14 DM expert Steve White [pdf, 135 KB]

   ...communities and species that develop within that habitat type. Overall, the loss of some 1.5% of the subtidal soft sediment habitat within Matiatia Bay may not be considered significant, but incremental loss of small portions of habitat through human development will eventually result in significant adverse effects. UNDERWATER NOISE AND VIBRATION 27. Underwater noise and vibration is a transient effect that can be minimised but not eliminated. Marine organisms tend to be par...

10. [2014] NZEmpC 236 Lyttelton Port Co Ltd v Rail Maritime Transport Union Inc [pdf, 119 KB]

    ...specialist-trained personnel were available to respond, and in the same situation where they were not. That in itself appeared to suggest the assessment was inadequate. Finally, the assessment did not address factors which needed to be addressed such as human factors, risks caused by shift work, interruption to circadian rhythms, and the actual environment, including that the port has suffered some earthquake damage. [44] These concerns were echoed by evidence filed by individ...