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1. [2018] NZEmpC 22 Kids Republic Playland Ltd v Lowe [pdf, 471 KB]

   ...no attempt to address the issue of the missed contributions for the first 14 months of her employment. [100] It was the Authority’s concerns as to how the arrears had been dealt with that became a factor in the consideration of a penalty. [101] At the hearing, Mr Smith placed emphasis on the chronology. First, he made reference to a letter of 19 July 2017 from IR to KRPL, which set out the basis on which the fact of the arrears had come to light, and then been dealt with. [102...

2. [2018] NZEmpC 45 Performance Cleaners All Property Services Wellington Ltd v Chinan [pdf, 427 KB]

   ...plaintiff’s actions may have obstructed the Authority’s investigation. I was not satisfied that the threshold was cleared to the point where it could be concluded that the Authority had become unable to investigate the claims before it.36 [101] I also concluded that even if the particular matters relied on by Ms Chinan had met the statutory threshold, I would not have been prepared to exercise my discretion to order the obtaining of a good faith report, given the existence of...

3. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 52 [pdf, 226 KB]

   ...fairly with” the Joshis, and is therefore a breach of r 6.2. [83] Rule 6.3 provides that “a licensee must not engage in any conduct likely to bring the industry into disrepute”. Rule 6.3 was discussed briefly in the case Jackman v CAC 10100,6 where the Tribunal approved of a Complaints Assessment 5 Real Estate Agents Act 2008, 3(1). 6 Jackman v CAC 10100 [2011] NZREADT 31, at [65]. Committee’s discussion of r 6.3...

4. LCRO 170/2020 KLM Limited v ND (30 March 2021) [pdf, 276 KB]

   ...nature of mediation” to Mr OE. [100] In support of [ABJ]’s concern that Mr OE “was sympathetic” to [KLM], Mr ND says Mr OE did not send to [ABJ] his 28 August 2017 email to [KLM] in which Mr OE forwarded his 25 August 2017 email to [HH]. [101] In his 29 September 2017 letter to Mr OE, Mr ND said (a) early termination of the sublease was not a matter in dispute, (b) the “current disputes” between [ABJ] and [KLM] did not include “the day-to-day farming of the property”...

5. [2021] NZEnvC 047 Netherlea Hobsonville Limited v Hamilton City Council [pdf, 1.7 MB]

   ...[2017] NZHC 1081. 17 Submissions of Hamilton City Council, dated 18 December 2020 at [15]. 18 Affidavit of Mr Falconer at [8]-[18]. 9 and continue operating within the zone in an efficient and effective manner. Policy 9.2.1(b) Restricting 11011 i11d11strial activity to those amillary to, S11ppo1ting or consistent Jllith industtial adivities. ( emphasis added) The proposed activity is consistent with industrial activities in t.he sense that it causes no conflict or interference w...

6. [2017] NZEmpC 33 NZ Meat Workers and Related Trades Union Inc and Anor v AFFCO NZ Ltd [pdf, 208 KB]

   ...503. a counter-factual assessment that acknowledges the consequences of wrongdoing, and not one that allows an employer to take advantage of wrongdoing. It was his contention that the counter-factual could not eliminate the breach. [101] The findings made with regard to whether a discrimination grievance is established and, if so, what remedies should be awarded, are not binding – or even applicable – to a claim of a different nature, such as a debt action brought und...

7. LCRO 240/2013 TM v DC (8 May 2017) [pdf, 365 KB]

   ...differences. The sensible and proper course for Ms DC would have been to consult with and explain to Mr TM the appropriateness or otherwise of applying for a compliance order.71 Ms DC considers that the steps she took were in Mr TM’s best interests. [101] From each party’s version of events it appears that Mr TM may not have been provided with an explanation that an ERA determination such as this was a direction to the parties to work out their differences; and that it was not...

8. [2019] NZEnvC 029 Cable Bay Wines Limited v Auckland Council [pdf, 12 MB]

   iBEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 2- '1 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act CABLE BAY WINES LIMITED & MOTUKAHA INVESTMENTS LIMITED (ENV-2018-AKL-000010) Appellants AUCKLAND COUNCIL Respondent Principal Environment Judge L J Newhook Environment Commissioner I

9. MLC 2019 April - OCR Outstanding Applicaitons [pdf, 290 KB]

   ...Application to the Chief Judge A20120015167 45/93 Mohi Wiremu Hotene CJ 2013/4 - Paratene Mita Hotene - and orders dated 1 September 1998 and 28 January 2000 at 90 WHK 405-407 and 92 WHK 250- 251 - Application to the Chief Judge A20130001014 45/93 Lynette Hatton, Jeanette Fifield CJ2013/3 - Mere Porotene – and succession orders made at 6 ADWG 312 dated 12 March 1990 - Application to the Chief Judge A20130001429 45/93 Rochel Nathan CJ 2013/6 - Richard Himiona Kuk...

10. May 2019 Outstanding Applications [pdf, 370 KB]

    ...Application to the Chief Judge A20120015167 45/93 Mohi Wiremu Hotene CJ 2013/4 - Paratene Mita Hotene - and orders dated 1 September 1998 and 28 January 2000 at 90 WHK 405-407 and 92 WHK 250- 251 - Application to the Chief Judge A20130001014 45/93 Lynette Hatton, Jeanette Fifield CJ2013/3 - Mere Porotene – and succession orders made at 6 ADWG 312 dated 12 March 1990 - Application to the Chief Judge A20130001429 45/93 Rochel Nathan CJ 2013/6 - Richard Himiona Kuk...