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1. [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...

2. 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...

3. 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...

4. [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...

5. 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...

6. Smith v Wellington City Council [pdf, 146 KB]

   ...it or arranged for its installation. I find that he should be held liable for the defects in its installation. 7.10 Leak No 8B – at base of east wall. Mr Potter arranged for the drive and paths around the building, and he should not have permitted the levels of these paved areas to be raised above the bottom of the cladding. His negligence has caused the damage to the bottom of the walls in these locations. However, the greatest amount of damage has been caused by the backf...

7. Taueki v McMillan - Horowhenua 11 (Lake) (2014) 324 Aotea MB 144 (324 AOT 144) [pdf, 311 KB]

   ...child she went to the lake with whānau to gather kai and she was always made aware that the lake was a wāhi tapu. One of the traditions carried out in relation to the lake was to inter the bones of their dead. Fishing and other activities were permitted but as long as it fit with the tikanga. She identified that there are wāhi tapu all around the lake, also extending to the de-watered area. One of the concerns prompting her to make the application was the construction of walkwa...

8. Communication Assistance Quality Framework FINAL [pdf, 3.6 MB]

   ...and neutrality are central to the CA role; as such, communication assistance providers are paid by the Ministry for the services they provide to the court through a contractual arrangement. No other payment method for communication assistance is permitted – this includes payment for communication assistance via legal aid, private payment or through a lawyer’s disbursements. Only communication assistance providers who hold a contract with the Ministry for communication assistance se...

9. [2015] NZEmpC 230 FIRST Union Inc v Jacks Hardware and Timber Ltd [pdf, 365 KB]

   ...agreement” under s 33(2)(b). To rule out, philosophically, any collective bargaining about such an important element of a collective agreement, as Jacks did, casts significant doubt that what it said were these “genuine reason[s]” fell within the permitted category of exceptions under subs (1). They are objections “in principle” and, I conclude, are not “genuine reasons” as the meaning of that term was intended by Parliament using the examples contained in subs...

10. ENV-2016-AKL-000193 Kiwi Property Group Limited & Others v Auckland Council Consent Order [pdf, 19 MB]

    ...under 13364.1. (a) Bonus accommodation floor area: Where floor area is developed for residential units, visitor accommodation, hotels, and boarding houses/hostels, the maximum basic GF,A, limitation may be exceeded by: (i) up to 50,OOOm~ as a permitted activity (ii) over 50,OOOm~as a restricted discretionary activity {bt fill Office activity exceeding 48,OOOm2 1 00,000m2 up to a maximum of 70,OOOm~ 130,000m2 GFA is a restricted discretionary activity. fc) (b) Activities other th...