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1. [2020] NZEmpC 85 Labour Inspector v Cypress Villas Ltd [pdf, 184 KB]

   ...to take a “steely approach” to the issue of costs. [12] One aspect of a Calderbank offer, of course, is to direct the opposing party’s attention towards the issue of the risks of trial and to not impose unnecessarily upon the Court’s resources. In the present case, another factor to be taken into account using hindsight is that during the course of the hearing it soon became apparent that one of the main planks of the Labour Inspector’s pleaded claim, that Mr Brill negoti...

2. [2017] NZEnvC 131 Lau v Auckland Council [pdf, 3 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 131 of the Resource Management Act 1991 of an appeal pursuant to s 321 of the Act EE KUOH (AUGUSTINE) LAU (ENV-2016-AKL-251 ) Third Respondent First Applicant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith Hearing: At Auckland , 16 August 2017 Appearances: Mr DJ Collins for Auckland Council Mr Lau for himself Date of Decision: 16 August 2017 Date of Issue: 21...

3. Waitangi Tribunal Hearing Calendar (12 July 2018) [pdf, 432 KB]

   ...17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page | 4 – Updated 12 July 2018 1 Wai 2358 - The National Fresh Water and Geothermal Resources – Panel: Chief Judge Isaac; Crosby, R; Anderson, R; Phillipson, G; & Temara, P / Staff: Cameron, J; Hauraki, A; Moko-Mead, H; & Burke, C 2 Wai 2200 – Porirua Ki Manawatū – Panel Members: Judge Fox, Phillipson, G; Kidd, D; S...

4. The Crown Minerals (Decommssioning and other Matters) Bill [pdf, 175 KB]

   ...opinions of any kind and in any form. This right has been interpreted as including the right not to be compelled to say certain things or provide certain information.1 11. A number of clauses within the Bill provide that the Minister of Energy and Resources or the chief executive may require a permit or licence holders, and non-permit holders to disclose certain information. New sections compelling provision of information 12. New section 89ZA requires persons who hold a permit or l...

5. [2016] NZCA 126 CA658/2015 The Commissioner of Salford School v Campbell [pdf, 125 KB]

   ...employment relationship and because employees may in certain cases be motivated in part by the desire for vindication. As this Court has previously said a “steely” approach is required.24 It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. Where defendants have acted reasonably in...

6. [2017] NZEmpC 152 Performance Cleaners v Chinan [pdf, 546 KB]

   ...Wellington 15. 2 At [55] and [61]. 3 At [99]. 29.1 Diverting funds, without authorisation, to herself and others as salary and/or remuneration entitlements and benefits she and others were not entitled to; 29.2 Using company finance and resources for personal gain and benefit; 29.3 Using company documents and resources to obtain monies and benefits to which she was not entitled to; 29.4 Failing to properly secure and retain company records, documents and property;...

7. Regulatory Impact Statement: Identifying offenders attempting to unlawfully leave New Zealand [pdf, 109 KB]

   ...2 The Corrections Act 2004 already provides the authority at issue in this paper to obtain biometric information and was used in the case of prisoner Phillip John Smith/Traynor. 3 This means the regulatory options would have little or no direct resource implications for border control agencies. Executive summary 1. Offenders under the supervision of a probation officer in the community are expected to remain in New Zealand for the purpose of complying with any directions of...

8. [2021] NZEmpC 160 Wilson v Manukau Institute of Technology [pdf, 216 KB]

   ...Hollings” OR (“Joanne Verry” OR “Kirsten Sargent”). [23] Those directions resolved the reg 52 application. Admissibility issue [24] The second issue relates to certain paragraphs to be given in evidence by Carolyn Pene, Human Resources Business Partnering Manager for MIT, employed by it since late 2018. [25] In four paragraphs of her brief of evidence, she intends to give evidence about Mr Wilson’s circumstances at the time of his employment in 2011; sh...

9. [2024] NZEnvC 101 Pascoe v Minister for Land Information [pdf, 371 KB]

   ...is to enable a roading improvement project (the Project) known as the Mount Messenger Bypass to proceed at SH3 in the Taranaki region. New Zealand Transport Agency (NZTA - the Government Agency responsible for the Project) obtained approval of resource consents and a notice of requirement under the Resource Management Act 1991 (RMA) allowing the Project from the Environment Court on appeals by way of an interim decision dated 18 December 2019 (the interim decision), a final assessme...

10. [2024] NZEmpC 53 Allstar Roofing Ltd v Liu [pdf, 210 KB]

    ...jurisdiction to issue a stay in relation to that determination due to its derivate nature, see Maheta v Skybus NZ Ltd [2022] NZCA 516, [2022] ERNZ 1005. 6 Employment Relations Act 2000, s 180. 7 Employment Court Regulations 2000, reg 64. 8 See Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. While this judgment was unrelated to stay applications in this Court, it has been cited with approval in a number of Employment Court judgments, s...