Search Results

1. [2014] NZEmpC 41 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 75 KB]

   ...these circumstances, I am satisfied that there is an adequate explanation for the delay. [15] The next substantive ground of opposition to leave being granted is that Ms Alim’s challenge “lacks merit”. Addressing this ground, LSG’s Human Resources Manager, Marie Park, says that Ms Alim failed comprehensively in all of the many applications, substantive and interlocutory, that she brought to the Authority. Ms Park says that defending all of those groundless claims has put L...

2. [2020] NZEnvC 204 Royal Forest and Bird Protection Society of New Zealand Incorporated v Auckland Council [pdf, 4 MB]

   ...KITAMAKIMAKAURAU Court: Hearing : Appearances: Date of Decision : Date of Issue: IN THE MATTER BETWEEN AND AND Decision No. [2020) NZEnvC 2--c4 of an application pursuant to s 76 of the Biosecurity Act 1993 (the Act) and s291 of the Resource Management Act 1991 (the RMA) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-000057) Applicant AUCKLAND COUNCIL Respondent SIMON ADAMSON Submitter Alternate Environment Judge L J...

3. Belle v Fogi Ltd (Strike-Out Application) [2019] NZHRRT 7 [pdf, 241 KB]

   ...file, leading to her filing of proceedings in the Tribunal in November 2016. Ms Belle claimed lost wages, compensation for maternity leave payments, damages in the sum of $40,000 for hurt and humiliation and costs. [8] Unfortunately, the limited resources of the Tribunal have affected its ability to hear and determine claims in a timely and efficient manner. There was considerable delay after the filing of the claim before a procedural teleconference was able to be convened. [9] On...

4. [2019] NZEmpC 188 A Labour Inspector of Ministry of Business Innovation and Employment v Jeet Holdings Ltd [pdf, 148 KB]

   ...making of a freezing order is significantly outweighed by the hardship which will be suffered by the former employees if the orders are not made and they succeed in their claims. In addition, the Labour Inspector has had to expend significant resources investigating this matter and pursuing the Employment Court proceedings. [21] As submitted by counsel for the Labour Inspector, any potential hardship that the defendants may incur is, in any event, mitigated by r 32.6(3) of the Hig...

5. Wawatai - Estate of Akutini Wawatai (2001) 150 Gisborne MB 38 (150 GIS 38) [pdf, 1.3 MB]

   ...matters. (c) No list could ever be exhaustive but the indicia include the extent to which there is a sharing of one dwelling as each party's principal place of residence, emotional dependence and support, the pooling of labour and financial resources, the sharing of household activities, the provision of domestic services, the provision of financial assistance, the sharing of one bedroom, the sharing of a sexual relationship, the sharing of companionship, leisure and social activit...

6. Waitangi Tribunal Hearing Calendar (13 July 2018) [pdf, 434 KB]

   ...17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page | 4 – Updated 13 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...

7. Tao v Body Corporate 198693 (Costs) [2024] NZHRRT 20 [pdf, 178 KB]

   ...the application to adjudicate her bankrupt18. Ms Tao commenced this claim in an attempt to defer the implementation of decisions made in another jurisdiction. Her unmeritorious claim before this Tribunal resulted in the diversion of time and resources from the Body Corporate in defending a claim brought to defer other proceedings. [16] In the overall circumstances of this case and considering the Tribunal’s approach to costs we conclude that an award of $3,000 against Ms Tao is...

8. Warren v Harwood - Hongoeka 7 Block and Lots 2 and 3 on DP 42094 (2007) 197 Aotea MB 299 (197 AOT 299) [pdf, 1.9 MB]

   ...such a community, even if a 20 metre roadway was provided, that did not mean unfettered development of the land in Hongoeka Bay. Mr Bailey agreed that the current Maori roadway was impractical and ~ 197 Aotea MB 304 any attempt to secure a resource consent to use the Maori roadway as originally intended would meet resistance because of environmental concerns. In other words, he acknowledged that there was considerable merit in confirming the formed and sealed road as the legal...

9. KC v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 030 [pdf, 191 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … [17] As to appeal 155/22, Judge Spiller from paragraph 47 sets out the relevant provisi...

10. Waitangi Tribunal - District 13 Part 2 Northern South Island [pdf, 1.1 MB]

    ...the Waitangi Tribunal, which will receive the final version as evidence in its hearings of claims. Other district reports have been, or will be, published in this series, which, when complete, will provide a national theme of loss of land and other resources by Maori since 1840. Each survey has been written in the light of the objectives of the Rangahaua Whanui project, as set out in a practice note by Chief Judge E T J Durie in September 1993 (see pt i, app i). I must emphasise that Rangaha...