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1. [2018] NZEmpC 76 Marx v Southern Cross Campus Board of Trustees [pdf, 382 KB]

   ...returned to work at the commencement of school term in 2013, could not have been put into effect. Her suspension and the second disciplinary process which she was required to undergo, precluded her from following that course. Even if she had been permitted to return to work at the commencement of the new term in 2013, it was clear that she would have needed to take a more conciliatory approach towards Mr Staples and Ms Harvey and permit them to assist her in adapting to the...

2. [2023] NZEnvC 105 Wilson v Waikato Regional Council [pdf, 720 KB]

   ...Further amendments made as directed by the above decision as explained in the accompanying Explanatory Note, dated 3 February 2023. That pursuant to sections 104, 104B, 108, 108AA, 108A, 116A and 123A of the Resource Management Act 1991, this coastal permit is granted to Ohinau Aquaculture Limited (OAL) to erect, use and occupy coastal space with structures for a spat catching farm at Whauwhau in outer Mercury Bay, subject to the following conditions of consent. Authorised Activities...

3. [2017] NZEnvC 150 Blueskin Energy Ltd v Dunedin City Council [pdf, 11 MB]

   ...other matter the consent authority considers relevant and reasonably necessary to determine the application. [16] We have not had regard to the New Zealand Coastal Policy Statement as we do not consider the site is within the coastal environment. Permitted baseline [17] We have not applied the permitted baseline to disregard the potential adverse effects of the activities. 17 Potentially earthworks within the subject site and works within the road reserve are permitted but the evi...

4. [2012] NZEmpC 96 South Pacific Meats Ltd v Mohammed [pdf, 238 KB]

   ...discharging any contractual obligations it had by offering him work as a general slaughterman. [59] This submission overlooks the restricted nature of Mr Mohammed’s visa. He was legally constrained as to the work he could undertake, being permitted to work specifically as a halal slaughterman. While it may have been permissible for Mr Mohammed to undertake miscellaneous non-halal related work while employed as a halal slaughterman, the terms of his work visa were unequivocal �...

5. [2023] NZEnvC 079 Royal Forest and Bird Protection Society of New Zealand Incorporated v Dunedin City Council [pdf, 456 KB]

   ...other than kānuka (Kunzea robusta and Kunzea serotina); or ii. reasonably measurable loss within the ecological district to an At Risk-Declining taxon, other than mānuka (Leptospermum scoparium); and f. does not include forfeiting rights to permitted or consented land use or development activities; and g. ensures that the delay between the loss of biodiversity through the proposal and the gain or maturation of the offset’s biodiversity outcomes is minimised. 4 Po...

6. [2024] NZEnvC 110 Evans v Marlborough District Council [pdf, 463 KB]

   ...(referred to by the applicant as the Stronvar Retirement Area) could be nested within the existing RPMP region-wide framework for pest conifers being the programme explained in Objective 5.22.1. [3] We found that a site-led programme is one of the permitted programmes able to be included within the RPMP by cl 5 of the National Policy Direction (NPD).2 [4] We further observed that the management control options included within the definition of the site-led programme encompass thos...

7. E31A Urban Design and Landscape Architecture JWS [pdf, 4.6 MB]

   ...consent for lighting; and b. luminated (back-lit) and all variable message or LED screen signage will be covered by the Event Management Plan or subject to separate resource consent or signage bylaw approval. 2.6. No more than three flag poles are permitted for each base (on the base building or its associated yard area), with each: a. extending to not more than 25 metres above finished ground or wharf level; and b. able to accommodate a flag with a total area of not more than 32 squ...

8. [2022] NZEnvC 161 Hutt City Council [pdf, 2.6 MB]

   ...District Applications to be determined by the Environment Court instead of by HCC in its regulatory capacity; (c) in relation to the Regional Applications: (i) on 30 July 2021 NZTA, WRC and HCC lodged applications for land use consents, water permits and discharge permits with WRC in its regulatory capacity; (ii) on 29 September 2021 NZTA, WRC and HCC requested, in accordance with s87D, that the applications be referred directly to the Environment Court for determination; (iii...

9. [2024] NZEmpC 226 Glenfield College BOT & Ors v Anderson [pdf, 272 KB]

   ...suggests that the parties agreed that Mrs Anderson would work as a permanent employee on a full-time ongoing basis. [50] To put it another way, Mrs Anderson’s IEA expressly guaranteed her 37.5 hours of work per week. Section 67C of the Act permits parties to agree to flexibility in hours of work in relation to days of the week in which work is to be performed and/or for start and finish times of work.9 It does not, however, permit flexibility in relation to guaranteed hours....

10. Hartley v Accident Compensation Corporation (Claim for cost of treatment) [2023] NZACC 200 [pdf, 264 KB]

    ...Clause 1, Schedule 1, of the Act provides: (1) The Corporation is liable to pay or contribute to the cost of the claimant’s treatment for personal injury for which the claimant has cover if clause 2 applies,— (a) to the extent required or permitted under an agreement or contract with any person for the provision of treatment; or (b) if no such agreement or contract applies, to the extent required or permitted by regulations made under this Act; or (c) if paragraphs (a) an...