Search Results

1. [2024] NZEnvC 133 New Zealand Transport Agency - Waka Kotahi [pdf, 1.9 MB]

   ...the east of existing SH1 and SH57 (a part of the Ō2NL Project). Resource consents sought [14] The consents sought from the Manawatū-Whanganui Regional Council (MWRC) and Wellington Regional Council (WRC) include land use consents, water permits, and discharge permits (to land, water and air) to authorise the activities necessary for the construction and operation of the Project. Those activities applied for are: • Earthworks; • Vegetation clearance; • Activities...

2. Teina Pora compensation claim quantum report [pdf, 9 MB]

   ...Pora's claim for loss of liberty (based on 21.11 years) is on the basis that he should be compensated from his arrest on 18 March 1993 to when he was released on parole. However, I accept the Crown's submission that the Guidelines do not permit compensation for loss of liberty for any period preceding conviction . Both non­ pecuniary and pecuniary losses are recoverable only in respect of the period following conviction.ll 14. Nor do the Guidelines contemplate compensation...

3. [2014] NZEmpC 92 H v A Limited [pdf, 263 KB]

   ...accordingly barred by s 179(5). 15 In Alim v LSG Sky Chefs New Zealand Ltd Judge Travis declined to hear a challenge to an adjournment of proceedings by the Authority. 16 In Grant v Vice-Chancellor of the University of Otago Chief Judge Colgan permitted a challenge to an Authority determination which held that an extension period for a recommendation pursuant to s 173A of the Act had been validly granted in spite of consent not being personally obtained by the applicant. 1...

4. [2019] NZEmpC 49 Mathews v Bay of Plenty District Health Board [pdf, 449 KB]

   ...Commissioner of Taxation of the Commonwealth of Australia who stated that the general position is that “[w]hile Parliament uses the English language the word “may” in a statute means “may”. Windeyer J also observed, in some circumstances, the permitted power must be exercised, and that will be dictated by “the particular context of words and ... circumstances in which the power is to be exercised – so that in those events the word “may” means “must””. [84]...

5. [2016] NZEmpC 83 Savage v Capital Coast DHB [pdf, 259 KB]

   ...populated with the names of permanent staff automatically. [71] Permanent staff may have applied for and been granted leave in accordance with the Board’s policies; if so, the roster will reflect this. In addition, staff may ask and be permitted to swap, alter or add to their assigned shifts. [72] Where as a result of these processes there were gaps in the roster, a team leader or Mr Cate would fill them if possible by using permanent staff; if this was not possible casual...

6. [2016] NZEmpC 39 Fox v Hereworth School Trust Board Costs [pdf, 281 KB]

   ...revisit an award of costs that it has previously made to “vary or alter” that award (again on grounds of reasonableness), a liberal interpretation of that provision also may allow for postponement or instalments. Indeed, even if the Court is not permitted to make a postponed order or one by instalments immediately, subcl (2) would allow, in any event, a party to apply to the Court, after the making of a single immediately-payable order, to vary this order in the way that the de...

7. [2015] NZEmpC 112 Vince Roberts Electrical v Carroll [pdf, 202 KB]

   ...made within a specified time, failing which the plaintiff’s challenge would be stayed and the plaintiff would be barred from defending the cross-challenge. The payments were not made at all and the plaintiff’s challenge was stayed. It was not permitted to participate in the subsequent hearing of the cross-challenge. In any event a major part of the cross-challenge was to be the claim that Mr Roberts personally, rather than the company, was Mr Carroll’s employer....

8. [2022] NZEnvC 091 Otago Regional Council [pdf, 528 KB]

   ...Retain Appendix 2 as notified. Accept FS103 Otago Fish & Game Council and Central South Island Fish & Game Council Support Accept Rule 7.6.10 10019 10019.06 Dunedin City Council Support Delete Rule 7.6.10 Green waste landfills (permitted activity). Reject Rule 7.6.11 10019 10019.07 Dunedin City Council Support Delete Rule 7.6.11 Green waste landfills (discretionary activity). Reject Whole Plan Change 10019 10019.08 Dunedin City Council Support Amend to support wider...

9. [2022] NZREADT 1 - DU v Real Estate Agents Authority & DC (1 February 2022) [pdf, 333 KB]

   ...appellant without entering into a multi-offer situation and the licensee was required to follow the vendor’s instructions. [69] The Committee went on to assess other communications between the licensee and the appellant, after the licensee was permitted by the vendor to tell the appellant about the purchasers. It was found that the licensee did not mislead him. [70] The Committee found that it was not established that the licensee had failed to exercise skill, care or diligen...

10. [2013] NZEmpC 31 Turner v Talley’s Group Limited [pdf, 196 KB]

    ...another potential personal grievance which counsel told me had been addressed in the Employment Relations Authority’s investigation but which is alluded to only peripherally, if at all, in its determination. [66] Nevertheless, s 122 of the Act permits the Court (or the Authority) to treat a grievance categorised in one way as another sort of grievance. In such circumstances, of course, the parties must be given an opportunity to address that possibility and its implications as...