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1. LCRO 16/2020 PF v VJ (22 September 2020) [pdf, 243 KB]

   ...DEF’s agreement to “waive the restriction on selling the business within the first 12 months”. He asked whether that was due to the reduction in turnover, and goodwill. He repeated his request for details of their exit “propos[al]”. [110] In his 19 July response to Ms FB, Mr VJ rejected any notion he and DEF had “contrived a dispute” to improve DEF’s bargaining position in “exit” discussions. He said Mr and Mrs PF’s only allegation against DEF was bullying...

2. LCRO 181/2019 SL v GB (29 January 2021) [pdf, 281 KB]

   ...further instructions. [109] On 21 February Mr GB informed Ms SL and Ms CS he required payment by 28 February otherwise he would place recovery of his and Ms PR's fees with a debt collector, and in the meantime had ceased work on her matter. [110] On 28 February he received a letter from the vendors’ counsel requesting a new trial date. At 1:07 pm Ms SL asked Mr GB to meet “as a final attempt to resolve issues”. [111] In response to the vendors’ counsel at 7:28 pm,...

3. OWRUG - EiC - S H McKeague - Agriculture (4 Feb 2021) [pdf, 1022 KB]

   PP-1035600-2-216-V3 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV:2020-CHC-127 In the Matter of the Resource Management Act 1991 And a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago. Between OTAGO REGIONAL COUNCIL Applicant And OTAGO WATER RESOURCE USER GROUP Section 274 Party EVIDENCE OF SUSAN HELEN MCKEAGUE FOR OTAGO WATER RESOURCE USER GROUP GALLAWAY COOK ALLAN LAWYERS DUNEDIN

4. LCRO 210/2018 RF v TG (27 August 2020) [pdf, 231 KB]

   ...employment. [109] It was some considerable time after her resignation that Ms TG decided to progress a complaint against a former employer, by which time, her opportunity to advance argument that she had been constructively dismissed had passed. [110] Her complaint being focused then on argument that she had not been properly compensated for holiday pay, was capable, if successfully established, of only a modest financial return. [111] I agree with the costs assessor, that even if...

5. Proactive release - 2020 Cannabis Referendum [pdf, 4.2 MB]

   ...target early-onset of cannabis use, impairment at work, cannabis-impaired driving, and to contribute to the development of norms against use. Lessons can be learned from the successful anti-tobacco message in New Zealand. Medicinal cannabis regime 110. There is likely to be an overlap between the framework for medicinal cannabis products and any regulatory model for the personal use of recreational cannabis. Evidence suggests that many people use cannabis for medical reasons; a study by the...

6. Establishing a Criminal Cases Review Commission [pdf, 395 KB]

   ...CCRC, when an amount to be transferred is identified. 109 If an amount to be transferred cannot be identified, then establishment funding may need to be sought from Budget 2019 alongside a bid to meet the ongoing operational costs of the CCRC. 110 Officials have estimated that the CCRC will receive approximately 125 applications per year. This is a significant increase in the average of about eight applications per year since 1995. However, I understand that overseas jurisdictions exper...

7. Beauchamp v B & T Co (2011) Ltd [2022] NZHRRT 10 [pdf, 246 KB]

   ...findings - breach of Human Rights Act, s 22(1)(c) [109] The Tribunal has found for the reasons given that Ms Beauchamp has established to the civil standard the defendants have breached HRA, s 22(1)(c) by dismissing her because she was pregnant. [110] The Tribunal has also found that Ms Beauchamp has failed to establish on the balance of probabilities that the defendants subjected her to detriments during her employment because of her pregnancy in breach of that section. [111] Havin...

8. LCRO 136/2021 YL v OB (28 February 2022) [pdf, 249 KB]

   ...complaint against Mr OB. [109] I invited Ms YL to clarify the nature of the complaint that had been made to the Police. She was unable to do so but indicated that she could provide the LCRO with a report from the Police if that was required. [110] These events took place some time ago. There is no evidence to support suggestion that the Police, following receipt of Ms YL’s complaint, felt compelled to speak to Mr OB. [111] Whilst Ms YL was uncertain as to whether she had p...

9. 2021-11-03 ORC - Legal submissions - PC8 - primary sector hearing [pdf, 288 KB]

   ...36 Statement of Evidence of Lindsay Fung dated 17 September 2021 at paragraph 27 to 32. 37 Statement of Evidence of Lindsay Fung dated 17 September 2021 at paragraph 33. 38 Statement of Evidence of Cain Duncan dated 17 September 2021 at paragraph 110. 39 Statement of Evidence of Felicity Boyd dated 15 October 2021 at paragraph 157. 40 Statement of Evidence of Felicity Boyd dated 15 October 2021 at paragraph 57 and Appendix 7: Recommended Decisions on Submissions in relation to 80098.04...

10. [2021] NZEmpC 95 Concrete Structures (NZ) Ltd v Rottier [pdf, 365 KB]

    ...Air New Zealand Ltd v Samu [1994] 1 ERNZ 93 (NZEmpC) at 95, confirmed on appeal in Samu v Air New Zealand Ltd [1995] 1 ERNZ 636 (CA). 12 Health and Safety at Work Act 2015, ss 16, 61(3)(g) and 97; Employment Relations Act 2000, ss 103(j)(ii) and 110A. 13 Hooper v Coca-Cola Amatil (NZ) Ltd [2012] NZEmpC 11, (2012) 9 NZELR 523 at [48]. See also Hayllar, above n 6. 14 Fuiava v Air New Zealand Ltd [2006] ERNZ 806. 15 At [57]. 16 At [55]. See also Thorne v Kiwirail Ltd [2015] N...