Search Results

1. [2015] NZEmpC 91 Burrowes v Commissioner of Police [pdf, 94 KB]

   ...this matter I outlined the relevant principles for the making of orders for non-publication. I repeat what I then said: 4 [29] The principles relating to the making of orders for non-publication are well known. Clause 12(1) of Sch 3 of the Act permits orders of non- publication by the Court, and the applicable principles were recently considered by this Court in both the interlocutory and substantive judgments of H v A Limited. [30] As I stated in that case: The principles o...

2. [2023] NZEnvC 178 Waikato Regional Council v Rawhiti Environmental Park Limited [pdf, 229 KB]

   ...the equivalent effluent in accordance with any resource consent (maximum required under this condition being 250,000 litres per week); ii. spreading 400,000 litres of effluent on Rawhiti Environmental Park Limited’s farm (the home farm) as permitted by ground/weather conditions and nutrient loading rates; and iii. installing and transferring effluent to a flexi tank which will hold one million litres. 3. Pursuant to ss 320(1) and 314(1)(da) of the RMA, the Respondent is to...

3. [2014] NZEmpC 88 Mega Wreckers Limited v Taafuli [pdf, 72 KB]

   ...threshold at this early stage of the proceedings. 9 In my view, the present application satisfies that threshold test. [14] Having regard to all these matters, I am satisfied that the overall justice of the case requires that the applicant be permitted to proceed with its challenge to the Authority’s determination. The statement of claim filed as a draft on 5 February 2014 will be regarded as having been validly filed today. [15] For the reasons touched upon in [11] above, I...

4. Brown v REAA & Wealleans [2011] NZREADT 42 [pdf, 141 KB]

   ...look at the wording of the Act consider the Rules of Statutory Interpretation and the Interpretation Act and to determine from there whether the section excludes the charges. The amended charge provides “that Ms Brown as Principal Officer of CISL permitted CISL to market the property through its salesperson and/or its promotional and marketing materials in a manner which created the impression that CISL was acting in the complainant’s interest in the purchase of Apartment 931, 72-78 N...

5. [2017] NZEmpC 160 Prasad v LSG Sky Chefs (NZ) Ltd [pdf, 148 KB]

   ...providing a written request. [7] The Court has a discretion to grant access to court documents. In considering such a request, the Court must consider the nature of, and the reasons given for, the request. Access to court documents will only be permitted for a recognised and 3 Employment Relations Authority, s 214. 4 Section 218. legitimate purpose.5 The Court must also take into account the matters listed in r 12(a...

6. ORC - Summary of Evidence - Felicity Boyd - 9 November 2021 [pdf, 163 KB]

   ...which pose the most risk to the environment. 14 When preparing my second statement of evidence, it became apparent that there is one unresolved issue amongst the parties: whether discharges of small volumes of liquid animal effluent should be permitted. I consider that would be appropriate and have drafted a rule to this effect. That draft rule was circulated to the parties shortly before the hearing commencing and is outlined in my supplementary statement of evidence dated 9 N...

7. [2022] NZEmpC 1 GF v OO [pdf, 193 KB]

   ...having regard to the particular circumstances. More generally, I consider it to be in the interests of public sector organisations such as the respondent that cases involving COVID-19 and the intersection of employment rights and obligations be permitted to come before the Court without unnecessary impediment, to enable a degree of clarity to be given to impacted, or potentially impacted, workers; and affected, or potentially affected, employers.14 That comes at a cost but it is a...

8. [2023] NZEmpC 45 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 281 KB]

   ...to call evidence to prove assertions in the statement of defence; that evidence can be rebutted by the witnesses for Associate Professor Wiles and/or tested by cross-examination. The amendment sought to include the new paragraphs 29–33 is not permitted. 2 Employment Court Regulations 2000, reg 11(1). [16] The reason for the amendments to change the documents being referred to is that Associate Professor Wiles learnt, after filing the previous statement of claim,...

9. Auckland Standards Committee 5 v Hong [2020] NZLCDT 5 [pdf, 265 KB]

   ...person where there is a conflict of interest between the practitioner on the one hand, and an existing or prospective client on the other hand. Commentary (1) The rule is based on the premise that a person who occupies a position of trust must not permit his or her personal interests to conflict with the interests of those whom it is that person's duty to protect. (2) The rule is intended to protect a client in situations where the interest or position of the practitioner would...

10. Justice-Factsheet-for-claimant-funding-for-Tuapapa-Stage.pdf [pdf, 288 KB]

    ...• Accommodation Flights: If there are no available seats on flights, we will let you know and you may wish to think about a different form of travel. Driving: We can make rental car bookings if the driver has a full license and is legally permitted to drive. The Ministry will not be liable for the costs of any damage caused or fines incurred during travel, including costs of any damage or fines involving use of rental cars. Taxi/Shuttles: We can also provide taxi chits and p...