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1. Top Energy Ltd - Whakataha Z1C (2015) 104 Taitokerau MB 108 (104 TTK 108) [pdf, 243 KB]

   ...(“PWA”) process is a relevant factor. [73] As I understand Mr Mathias’ explanation, TEL can utilise the powers under Part 2 of the PWA to acquire land and interests in land for public works. Under s 186(1) of the 104 Taitokerau MB 125 Resource Management Act 1991 (“RMA”), a network utility operator such as TEL is a requiring authority, and can apply to the Minister of Lands to have land taken under Part 2 of the PWA. That has in fact already taken place in relat...

2. [2016] NZEmpC 2 Northern Amalgamated Workers Union of NZ v Golden Bay Cement [pdf, 205 KB]

   ...income plan but Golden Bay's evidence was that the stable income plan was not linked to or dependent in any way on cl 24 of the collective agreement. Evidence in this regard was given on behalf of Golden Bay by the Company's former Human Resources (HR) Manager, Mr Alexander Gellatly. Mr Gellatly had been the HR Manager for Golden Bay between 1987 and 1989. He was then employed by Fletcher Construction from 1989 to 1994 and between 1994 and 2000 he provided consultancy s...

3. Edwards – Whakatōhea (2018) 183 Waiariki MB 169-194 (183 WAR 169) [pdf, 534 KB]

   ...was; the National Maori Congress; and the Crown-congress joint working-party. The political environment of the time began to generate a number of representation and mandate disputes, particularly in respect of issues such as claim settlements, resource management consultations, fishing quota allocations, and the like. The particular concern of the chief judge was that those issues of representation were being brought to the Waitangi Tribunal, and as a result the resources of the tri...

4. [2009] NZEmpC AC 16A/09 Peterson & Anor v B Engineering Ltd & Anor [pdf, 87 KB]

   ...PPSSL, Carl Peterson’s company, was engaged in litigation brought against it by Lucas alleging misuse of that company’s portable sawmill intellectual property by PPSSL. Carl Peterson’s company had largely exhausted its financial resources as had Carl Peterson himself. They perceived a real risk that if Lucas succeeded in its litigation, both PPSSL and Carl Peterson (who was a personal defendant) might be required to pay substantial damages and costs to Lucas resultin...

5. Te Manutukutuku (Issue 82) [pdf, 14 MB]

   ...2023 and February 2024, Chief Judge Fox, with other presiding officers and Tribunal members, hosted two delegations from Fiji, which included the Minister for iTaukei Affairs, the Honourable Ifereimi Vasu ; the Minister for Lands and Mineral Resources, the Honourable Filimoni Vosarogo ; the Fijian High Commissioner to New Zealand, Ratu Inoke Kubuabola ; and the commis- sioner’s First Secretary, Josua Tuwere. The delegations were interested in the Tribunal’s role in the settle...

6. ENVC Hearing 6Oct14 WML reply Mark Appeldoorn tracked [pdf, 718 KB]

   Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Rebuttal of Mark John Apeldoorn on behalf of Waiheke Marinas Ltd Dated 23 September 2014 Richard B...

7. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

   RE AUCKLAND COUNCIL IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2021] NZEnvC 160 IN THE MATTER OF an application under s 314(1)(f) of the Resource Management Act 1991 BY AUCKLAND COUNCIL (ENV-2021-AKL-000123) Applicant Court: Environment Judge MJL Dickey sitting alone under s 309 of the Act Hearing: On the papers in Auckland Last case event: Memorandum from s 274 party dated 12 October 2021 Date of Dec...

8. Scope of inquiry Minute October 2021 [pdf, 314 KB]

   ...agencies gathering or sharing information relevant to the terrorist attack, or acting on such information, including legislative impediments; and (d) whether there was any inappropriate concentration of, or priority setting for, counter-terrorism resources by relevant State sector agencies prior to the terrorist attack. [13] Notably, the RCOI’s Terms of Reference permitted the RCOI, in exercising its powers and performing its duties, to make findings of fault or recommendatio...

9. ENVC Hearing 6Oct14 WML reply Mark Appeldoorn final [pdf, 717 KB]

   Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Rebuttal of Mark John Apeldoorn on behalf of Waiheke Marinas Ltd Dated 23 September 2014 Richard B...

10. [2023] NZEmpC 221 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 1 MB]

    ...duties breached and, if so, when? Health and safety breaches Workload issues Training and professional development issues Managing and monitoring stress levels Failure to provide time off and cover during absence Adequacy of supervision and resourcing Alleged bullying Issues with BJ Causation Conclusion for the breach of contract claims [5] [9] [25] [29] [31] [47] [81] [89] [91] [97] [98] [99] [103] [108] [109] [111] Liability: persona...