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1. [2020] NZEmpC 8 Visagie v WorkSafe New Zealand [pdf, 136 KB]

   ...Appearances: A Sharp, counsel for applicant G Cain and JA Taylor, counsel for respondent Judgment: 18 February 2020 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS [1] The Employment Relations Act 2000 (the Act) requires grievances to be filed in the Employment Relations Authority. Generally, they are to be dealt with in that forum with rights of challenge to the Court. Mr Visagie wants his grievance to be heard by the Court at first instance. The Authority decl...

2. [2020] NZEmpC 21 A Labour Inspector v NewZealand Fusion International Ltd [pdf, 142 KB]

   ...justice that a stay of execution be granted, and I decline to do so. The application is dismissed accordingly. [15] The parties are encouraged to agree costs. If that does not prove possible, I will receive memoranda, with the Labour Inspector filing and serving her 4 Davis v The Commissioner of Police [2015] NZEmpC 38, [2015] ERNZ 27 at [11]–[14]. 5 Yong, (T/A Yong and Co Chartered) Accountants v Chin [2008] ERNZ 1 (EmpC). 6...

3. [2020] NZEmpC 22 Carruthers v Brommel Roofing Ltd [pdf, 132 KB]

   ...which are sought in respect of these enforcement proceedings is on the basis of Category 1A under the Court’s Guideline Scale. That amounts to a sum of $4,531.50 and, in addition to that, disbursements of $306.67 have been incurred by way of filing fees. So, in addition to the Court imposing a fine and ordering Brommel Roofing Ltd to pay a fine of $10,000, Brommel is also ordered to pay costs towards Mr Carruthers’ legal expenses of $4,531.50 together with the disbursement of...

4. 2019 NZPSPLA XXXXXX/2016 [pdf, 160 KB]

   ...Mr R holds a current certificate of approval in the class of private investigator and his company, Limited, holds a current licence in the same class. [3] Section 74(2) of the Act states that a member of the public, such as Mr C, may only file a complaint with the leave of the Authority. Section 74 says that I should only grant leave if I am satisfied that Mr C has an interest, greater than that of the public generally, in the subject matter of the complaint, that the complaint is...

5. [2018] NZSSAA 15 (15 March 2018) [pdf, 142 KB]

   ...an appeal against the decision to decline to pay jobseeker support student hardship allowance at the rate of a single person with no dependent child on 30 October 2016. [4] The appellant addressed each appeal separately but documents on both files were relevant to both appeals. The following chronology which is accepted by the parties, is derived from both files and provides the common background to these appeals. Chronology Date 8 October 2012 Parenting order – not pr...

6. LCRO 209/2016 YH v SM (27 November 2018) [pdf, 144 KB]

   ...sum of $164,875 plus interest and costs pursuant to this clause and issued proceedings in 2011 against her for this amount. [6] In the meantime Mr YH had defaulted in payments of child support and the amount due by him was included in a defence filed by Mr NS to Mr YH’s claim. [7] A settlement conference was scheduled for [date] 2013 and another partner in Mr NS’s firm (Mr LZ) instructed Mr SM to attend on behalf of Mrs YH. [8] That settlement conference was adjourned and Mr...

7. [2022] NZEnvC 096 Canterbury Regional Council v MacLee Holdings Ltd [pdf, 202 KB]

   ...Regional Council; and (2) Canterbury Regional Council has confirmed in writing to the landowner that the Property is clear and the land under and around the burnt waste has been remediated to its satisfaction. Amendments sought [8] The respondent filed an application to vary the enforcement order on 1 June 2022. In her affidavit of 7 June 2022, Ms Bullock, sole director and shareholder of the respondent, explains that the company has not carried out the work required by the or...

8. OD Ltd v TM Ltd [2015] NZDT 1491 (29 January 2015) [pdf, 251 KB]

   ...an inquiry was carried out by an Investigator) in a manner which was unfair to you and prejudicially affected the result of the proceedings. If you wish to appeal, the Notice of Appeal may be obtained from any Tribunal office. The Notice must be filed at the office of which the Tribunal that made the decision, within 28 days of the decision having been made, or within such further time as a District Court Judge may, on application, allow. The District Court may, on determination of th...

9. 2021-07-28 Trustpower - Legal submissions in relation to the pORPS [pdf, 249 KB]

   ...Trustpower Limited Party LEGAL SUBMISSIONS ON BEHALF OF TRUSTPOWER LTD IN RELATION TO THE PROPOSED OTAGO REGIONAL POLICY STATEMENT 28 July 2021 1 MAY IT PLEASE THE COURT: 1 INTRODUCTION 1.1 These legal submissions are filed on behalf of Trustpower Ltd (“Trustpower”) in response to the Court’s 30 June 2021 Directions with respect to legal submissions on the Proposed Otago Regional Policy Statement (“pORPS”).1 1.2 These submissions address the fo...

10. [2021] NZEnvC 097 Ngati Paoa Trust Board v Kennedy Point Boatharbour Limited [pdf, 2.4 MB]

    ...were sought on an urgent basis. The proceedings were served on KPBL on a "Pickwick" basis; also on Auckland Council. [5] I directed a conference in open court for Monday 5 July. Prior to that time Auckland Council and Forest & Bird filed notices under s 274 RMA. [6] At that conference I sought and gained identification by the parties of two jurisdictional issues, first whether the provisions of s 319 RMA acted as a prohibition on the Environment Court granting an enfor...