Search Results

1. [2013] NZEmpC 155 Clark v Idea Services Ltd [pdf, 270 KB]

   ...significant decisions leading to Mr Clark’s dismissal and made the decision to dismiss him summarily. [140] Despite what I accept was an absence of protest by Mr Clark before his dismissal, I conclude that a fair and reasonable employer would not have permitted Ms Ramsay to continue to occupy the conflicted roles of complainant and decision maker in relation to Mr Clark’s ongoing employment. Although it is important for senior managers to take responsibility for significant dec...

2. ENVC Hearing 6Oct14 WML evidence chief Mark Poynter [pdf, 852 KB]

   ...issue as to whether such a condition is possible, given the discharge of copper from boat antifouling is an effect caused by the boats, not the marina. This effect arises as part of the normal operations of a boat in the CMA, which I understand is a permitted activity throughout the NZ CMA. 157. I accept Dr Sivaguru’s suggested condition for a ‘Pest Management Plan’ to the extent that this should be a simple protocol to ensure that pest animal risk associated with rubbish...

3. Starik v Auckland Council [2016] NZWHT Auckland 5 [pdf, 491 KB]

   ...amongst the other respondents I find that its share of the total loss is 30 per cent. This reflects the causality of any wrong doing it did by comparison to the other respondents. [322] Kevin Bryan Perry in his role as project manager allowed or permitted significant departures from the consented plans and building defects to be created at the building which caused significant damage and loss to the claimants. He elected to occupy the role of project manager, failed in that duty...

4. [2021] NZEnvC 175 Shaw v Hamilton City Council [pdf, 2.5 MB]

   ...members of the Court visited the Shaw property on 25 June 2021 and were shown around the site by Mr and Mrs Shaw. A copy of our minute dated 29 June 2021 recording details of the visit is included as Appendix 3. We record that the Shaws did not permit any Council officers to accompany us on the site visit. The site visit proceeded on that basis. At no stage during the site visit or afterwards did the Shaws indicate that they sought further hearing time. 33 NOE at page 9, line...

5. Fish & Game - EiC - J W Hayes - Ecological Flow (5 Feb 2021) [pdf, 1.6 MB]

   ...suitability criteria. How to consider rivers in which present flow alteration exceeds guidelines 127 Flow of many rivers are altered beyond the guidelines that I have described in paragraphs 105–110, especially in Otago where deemed mining permits have allowed large allocations and very low flows. Some such rivers will support reasonably diverse invertebrate and fish communities, some mahika kai, and trout fisheries of varying quality. This is not unexpected given the continu...

6. [2014] NZEmpC 189 H v A Ltd [pdf, 349 KB]

   ...employment. He was also characterised as a senior captain. Principles of consistency suggest that Mr H – in respect of whom no finding of sexual harassment stands although a conclusion that a serious error of judgment occurred – should be permitted to continue in his employment. [117] The Court has considered very carefully Mr Pearce’s concerns relating to the responsibilities owed to the travelling public to provide an aircraft operation that is free of any impediments to f...

7. Drozdzak v Accident Compensation Corporation (Work related gradual process) [2023] NZACC 157 [pdf, 442 KB]

   ...the Hyster. [153] On 6 May 2015 the physiotherapist wrote: “First work restriction certificate” – as of 8/05/15, Tony to not drive Hyster 03 until cab mounts are repaired, and full task rotation is in place during the shift day (training permitting). [154] On 14 May 2015 the physiotherapist noted a work restriction: As of 14/05/15, Tony to not drive Hyster 03 until cab mounts are repaired, and a full task rotation is in place during the shift day. [155] The note on 23 Septemb...

8. Fisher v Potroz - Mohakatino Parininihi No 1C West 3A2 (2016) 361 Aotea MB 146 (361 AOT 146) [pdf, 552 KB]

   ...its provisions the Court has jurisdiction to determine and declare the particular status of any land. However, no land can acquire or lose the status of Māori freehold land otherwise that in accordance with the Act. 71 The provisions which permitted the automatic change of status of the land on the transfer of the legal title have been removed. The power to change the status of the land is now discretionary and before that can occur the Court must be satisfied of certain matte...

9. [2012] NZEmpC 63 Rooney Earthmoving Ltd v McTague Whiting and Bartlet [pdf, 304 KB]

   ...breach of contract action where there were separate contracts and no express provision for such liability, in reliance on the Belmont Laundry case, it was held by the Inner House of the Court of Session that the action was competent. The Court permitted the pursuers to sue for a joint and several decree against two defenders for the same loss and damage which was said to have been caused by the defenders’ breaches of their separate contracts. Although the alleged failures were dif...

10. Beef + Lamb NZ - EiC - A N Burtt - Economic (5 Feb 2021) [pdf, 327 KB]

    2 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...