Search Results

1. [2009] NZEmpC CC 12/09 Service & Food Workers Union v Sanford Ltd [pdf, 65 KB]

   ...business commonsense and fulfils the parties’ purpose: see ASTE v Unitec. [7] The prime issue between the parties is what is the correct operation of the Sanford Havelock collective employment agreement, 2007/2009 (the CA), and whether it permitted the defendant to change piece rate and hourly rate employees’ levels and grades when it came into force. The plaintiff sought a declaration that the CA requires that employees (both hourly and piece rate) maintain the same grade...

2. ENVC Hearing 6Oct14 AT evidence chief legal submissions [pdf, 199 KB]

   ...48 Blom, 11 June 2014, para 35. JWS Traffic and Transport, 28 August 2014, para 13. JWS Traffic and Transport, 28 August 2014, para 14(h). 4851177.5 7 marina. 51 As such, it is critical to AT that if the Project does go ahead, it is not permitted to compromise future public transport needs. 35 AT submits that future changes to the traffic and transport environment at Matiatia are key to a determination about whether consenting the marina will promote sustainable management...

3. [2017] NZEmpC 12 Stormont v Peddle Thorp Aitken Ltd [pdf, 193 KB]

   ...Court Rules to read it in. Such an interpretation may be seen to fit comfortably within the context of the employment jurisdiction and accessibility of applicable procedural requirements, particularly where the legislation specifically permits non-legally trained persons to appear before the Court on behalf of parties (in contrast to rights of audience in other courts). [18] However the fundamental difficulty with the approach advanced on behalf of the plaintiff is that i...

4. Appeal Against Penalty Olde-Olthof & Anor v REAA CAC 20005 & Anor [2014] NZREADT 37 [pdf, 70 KB]

   ...that it is the vendor’s responsibility to provide a code of compliance certificate. Certainly, there is such initialling on that part of the contract document. That cl.6.2(5) has the vendor warrant: “(5) Where the vendor has done or caused or permitted to be done on the property any works: (a) any permit, resource consent or building consent required by law was obtained; and (b) the works were completed in compliance with those permits or consents; and (c) where appropriate, a...

5. [2015] NZEmpC 38 Davis v Commissioner of Police [pdf, 109 KB]

   ...misunderstood, or that he thinks are of more significance than the Judge did." [29] As the Court of Appeal stated in Moodie v Employment Court: 16 The limited nature of both the appeal provisions and those relating to review do not permit a second look at factual findings of the Employment Court. That is an aspect of the unique nature of the Employment Court process. It is not acceptable for the applicant to seek to circumvent this restriction on any form of second...

6. Federated-Farmers-of-New-Zealand.pdf [pdf, 395 KB]

   ...Council will in conjunction with certified sector schemes where available: Support Federated Farmers encourages Waikato Regional Council to work in conjunction with certified sector schemes where this is possible. Rules Rule 3.11.4.2 Interim Permitted Activity – Farming prior to obtaining consent Amended to align with the amendments proposed to other rules. Amend Rule 3.11.4.2 as follows: Except as permitted by Rule 3.11.4.1 or 3.11.4.3, or as regulated by Rule 3.11.4.9...

7. CEIT Practice Notes 2022 [pdf, 460 KB]

   ...statements filed; • each witness will be asked a few clarifying questions by the party calling them (or that party’s advocate if they have one) before answering questions from the Tribunal; • the other party (or their advocate if they have one) will be permitted to ask questions; and • the party/advocate who has called a witness will then be able to ask questions that clarify anything arising out of the questions asked by the Tribunal or the other party/advocate. The Tribunal has pow...

8. MC v BL [2013] NZIACDT 8 (28 February 2013) [pdf, 134 KB]

   ...DECISION REPRESENTATION: Complainant: In person. Adviser: In person. Date Issued: 28 February 2013 2 DECISION Introduction [1] Mr MC engaged Ms BL to assist him to apply for a work permit. He claims Ms BL failed in her responsibilities in a number of respects. [2] He says Ms BL: [2.1] Delayed lodging his application, then said it had been lodged, when that was not true. [2.2] Lodged an application that could not succeed...

9. Twomey - Succession to Te Ngahoa Te Whaaro [2023] Chief Judge's MB 587 (2023 CJ 587) [pdf, 301 KB]

   ...distributed) would have been deemed at that time to be uneconomic interests. The deceased had succeeded to his interest in Te Kōau A Block at 67 Whanganui 162-163 on 13 July 1915 from Winiata te Whaaro. 13. The legislation in place in 1974 permitted the Court to exercise a discretion to vest the whole of the interests in Te Kōau A Block in any one or more beneficiaries to the exclusion of any other beneficiary without their consent. The order made in 1974 was therefore consist...

10. 2020 02 19 Sean Leslie Reply [pdf, 599 KB]

    IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA...