Search Results

1. [2013] NZEmpC 150 McConnell v Board of Trustees of Mt Roskill Grammar School [pdf, 155 KB]

   ...of St John 34 as authority for the proposition that evidence may be led about the subject matter, as opposed to the content, of mediation. Mr Harrison submits that while Rose may have opened the door to such an inquiry it did not go so far as permitting evidence relating to what occurred at mediation. That would, he said, overreach the boundaries referred to by the Court of Appeal in Just Hotel where only a limited exception was acknowledged (relating to blackmail). I agree wit...

2. [2010] NZEmpC 128 McKendry v Jansen & Prouting [pdf, 82 KB]

   ...Relations Authority for decision by this Court to enable a determination of the remedies for Jane McKendry’s unjustified dismissal by Janine Jansen and Colin Prouting, is: Does s.123(1)(c) or s.123(1)(c)(ii) of the Employment Relations Act 2000 permit the Authority to order the respondents to pay compensation to the applicant for the loss of her entitlement to paid parental leave under the Parental Leave and Employment Protection Act 1987? [2] We assume the reference to s...

3. Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 63 (32 TKT 63) [pdf, 204 KB]

   ...plaintiff could make use of s18(1)(d) of the Act to support a claim for damages. 5 That contention was not accepted: I am not persuaded that the framers of the Act intended section 18(1)(d) be applied in the manner suggested by the Applicant. To permit the Applicant’s claims to advance at this juncture would be to place a meaning on the phrase “relates to” that travels beyond a plain and ordinary reading of those words. The fact that neither counsel could find any relevant...

4. [2018] NZEmpC 61 Butterfield v Alliance Group Ltd [pdf, 364 KB]

   ...the Supreme Court, and especially that a collective agreement is the result of negotiations over time between non- lawyers, I conclude, on the issue of what the collective agreement allows, that when the relevant clauses are read together, they permit Alliance to take its operational requirements into account to the extent that, in managing the hiring of previous employees for a new season, it may refrain from re-engaging those who are not suitable for employment. Further, if suita...

5. Te-Au-Reka-and-Family-Court-Rules-Consultation-Paper-270923-v2.pdf [pdf, 940 KB]

   ...external parties who will interact with the court record and will have a unique login to Te Au Reka, except for those interacting as a ‘guest’. Court participants include parties and their lawyers, and, in relation to particular proceedings and as permitted by the Judge, they could include court- appointed counsel such as a lawyer for the child, family violence programme providers or supervised contact providers, Police, government departments such as Oranga Tamariki, Te Whatu Ora or ACC...

6. [2017] NZEnvC 207 Auckland Council [pdf, 734 KB]

   ...October 2017. 3 [4] The application expressly does not cover private stormwater diversions or discharges that do not enter the public network. It does not authorise new structures or operational activities which will either be designed to meet permitted activity standards or be the subject of separate applications for resource consent. It does not authorise point source discharges of contaminants such as wastewater overflows, industrial and landfill discharges or sediment discha...

7. [2017] NZEmpC 6 Lyttelton Port Co Ltd v Maritime Union of NZ Inc [pdf, 183 KB]

   ...emphasised the requirement for specificity, and the fact that there was no direct evidence of the motion put to MUNZ members. [26] She also developed a submission which was to the effect that only those persons who would become party to a strike were permitted to take part in a secret ballot under s 82A(2); and there was no evidence that those members who voted were persons who would in fact become party to the strike. This submission was supported by reference to the strike not...

8. E94 John Mckensey – Lighting - RE – Applicant [pdf, 4.5 MB]

   ...available for night works and that receptors who may be affected by construction lighting illuminance are notified prior to the works being undertaken (refer to Section 7 of the CEMP for detail of the Project stakeholder notification procedures and the permit to notify process). The following matters shall be included in night works planning documents: 1. Identification of sensitive receptors and other stakeholders potentially affected by construction lighting illuminance as a result of p...

9. ENV-2016-AKL-000xxx Howick Ratepayers and Residents Association Incorporated & Others v Auckland Council [pdf, 5.5 MB]

   ...the resource consent process becoming exceedingly cumbersome and costly already, where a developer has had to consult numerous !wi before proceeding and have Iwi representatives on slte.S • We are also particularly concerned that Maori(MW) may be permitted to control access to areas of Public Open Space . (Part 2 0 2.2. )' The integrated management of the coastal environment, and in particular the coastal edge and margins of lakes and rivers is of utmost importance to Mana Whenua....

10. [2020] NZEmpC 203 A Labour Inspector v Chhoir [pdf, 331 KB]

    ...admissibility. Mr Robson also raises a number of additional concerns, directed at the reliability of the statements, including whether the first defendant ought to have been offered the assistance of an interpreter; ought to have been asked, and permitted to answer, questions in her own language; and suggests that the level of English reflected in the written statements (which were taken by the Labour Inspector) does not reflect the first defendant’s abilities to communicate in Eng...