Search Results

1. [2015] NZEmpC 39 Scarborough v Micron Security Products Ltd [pdf, 126 KB]

   ...products. The anticipated increase, which had led to Miss Scarborough’s appointment, did not eventuate. Rather there was a downturn in demand. Mr Weston spoke to Mr Palwankar about the situation and he confirmed that the factory would be over-resourced from the start of 2014. It is noteworthy that, at the relevant time, Miss Scarborough herself had identified a decline in production. While it is apparent that she has consistently attributed that to industrial sabotage, it is...

2. Appeal Against Penalty Olde-Olthof & Anor v REAA CAC 20005 & Anor [2014] NZREADT 37 [pdf, 70 KB]

   ...compliance certificate. Certainly, there is such initialling on that part of the contract document. That cl.6.2(5) has the vendor warrant: “(5) Where the vendor has done or caused or permitted to be done on the property any works: (a) any permit, resource consent or building consent required by law was obtained; and (b) the works were completed in compliance with those permits or consents; and (c) where appropriate, a code compliance certificate was issued for those works.”...

3. Rendell v Attorney-General [2024] NZHRRT 7 [pdf, 238 KB]

   ...reasonable attempts to find the information requested and efforts to search for the information must be thorough and intelligent, rather than mechanical.10 A diligent approach is required but an agency is not required to invest unlimited time and resources to search for information that may not exist or which cannot, despite diligent search efforts, be found.11 Did the Police make reasonable, diligent attempts to find the information? [32] Mr Rendell submits that the Police did not t...

4. Beef + Lamb NZ - EiC - J M Chrystal - Agricultural Science - 5 Feb 2021 (corrected) [docx, 1.8 MB]

   0 IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 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 RMA OTAGO REGIONAL COUNCIL...

5. [2021] NZEnvC 021 Royal Forest & Bird Protections Society Incorporated v Northland Regional Council [pdf, 1.3 MB]

   ...& BIRD - SEA JURISDICTION Part Topic 11 IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2021] NZEnvC 021 IN THE MATTER of an appeal pursuant to clause 14 of the First Schedule of the Resource Management Act 1991 (the Act) AND to the Proposed Northland Regional Plan and in relation to SEA and MPPZ Northport and reclamation (part Topic 11) BETWEEN ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED...

6. The Elected Representatives v Hauraki Maori Trust Board (2007) 127 Waikato MB 163 (127 W 163) [pdf, 2.7 MB]

   ...Reps have advised that they plan to adduce some 6-8 affidavits in relation to the JMIO ratification process and that, unlike the Board, the Elected Reps do not have access to the Trust fund or paid Board staff to undertake research and provide resources. The applicants have asked for an order granting pre­ hearing costs at parity with the Board's costs, and to be paid out of the trust monies already held by the Board arising from the proceeds of fisheries leasing an'angeme...

7. Ngati Hine Forest Trust v Manihera - Ngati Hine H2B(2010) 12 Taitokerau MB 176 (12 TTK 176) [pdf, 129 KB]

   ...security surveillance costs of $21,000.00; g) The injunction application was wholly successful. [21] The respondents oppose costs and submit that: a) Mr Manihera is retired and of little means. Conversely, the trust and TPL 4 have considerable resources. Mr Manihera does not consider that Mr Brown should have an order for costs against him and, in light of the injunction being cancelled against Waiomio Downs Logging Limited, no order for costs should be made against that compa...

8. [2011] NZEmpC 55 Cerebos Greggs Ltd v Service & Food Workers’ Union Nga Ringa Tota [pdf, 112 KB]

   ...decision is delivered very much later than would normally be the case and I am conscious of the inconvenience to the parties of the delay. The principal reason for that delay has been the effect of the Christchurch earthquakes on the Court’s resources. Costs [42] The plaintiff has been successful in its challenge. In the sense that costs usually follow the event, the plaintiff is entitled to a reasonable contribution to its costs. As this case involved the interpretation...

9. [2015] NZSSAA 026, 20 April [pdf, 69 KB]

   ...had separate bank accounts, that is not an unusual arrangement in this day and age, particularly for an older couple who are used to managing their own finances. [43] It is apparent that the appellant and XXXX continued to share their financial resources after XXXX began caring for her father. We consider that the evidence discloses a significant degree of financial interdependence between the appellant and XXXX in the period 3 August 2012 to 19 May 2013. Emotional commitment [44] T...

10. [2016] NZEmpC 48 Nelson v Katavich [pdf, 290 KB]

    ...a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. (3) In applying the test in subsection (2), the Authority or the Court must consider‒ (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employer...