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1. Communication Assistance Quality Framework FINAL [pdf, 3.6 MB]

   ...Definition of court proceeding Communication assistance can apply to criminal or civil proceedings. The judge may direct what kind of communication assistance is to be provided. The court proceeding encompasses the period from the start of the case (filing of a charging document or statement of claim) until its conclusion. While not intended as an extensive list, communication assistance may be directed by a judge to help participants: • instruct their counsel and to make informed dec...

2. [2022] NZEnvC 157 Mangawhai Harbour Restoration Society v Northland Regional Council [pdf, 1 MB]

   ...THE ENVIRONMENT COURT _________________________________________________________________ A: The Court approves as final the provisions as set out in Annexure B. B: Costs applications were not encouraged and no application/s for costs have been filed. Accordingly, this Court makes no order as to costs. REASONS Introduction On 29 June 2022 the Court issued an interim decision1 on Topic 15 – Mangrove removal of the Proposed Regional Plan for Northland. In its interim de...

3. [2024] NZEnvC 295 Cooper v Kaipara District Council [pdf, 803 KB]

   ...decision that we had resolved to disallow the appeal, counsel for TATL and MDL correctly pointed out that changes have been made. For that reason, we record that the Appeal is allowed in part. [4] The Applicant and Council were directed to confer and to file and serve a memorandum attaching the final form of subdivision conditions in accordance with the substantive decision. Memorandum as to conditions [5] By joint memorandum dated 25 June 2024, the Applicant and the Council advi...

4. [2007] NZEmpC CC 21/07 Gorrie Fuel (SI) Ltd v Gittoes [pdf, 108 KB]

   ...interest bearing deposit. Having paid that money for the benefit of the successful party in this proceeding, the plaintiff ought not to be required to pay interest on that amount for the period since it was paid into Court. Unless the plaintiff has filed an application for leave to appeal this decision within the period prescribed in s214(2) of the Employment Relations Act 2000, the money paid into Court by the plaintiff on 14 August 2006, together with all interest earn...

5. [2010] NZEmpC 133 Mercer v Maori Television Service [pdf, 82 KB]

   ...Television Service (MTS), in February 2004. From as early as October 2005 he had received a number of notices from MTS about his lateness. In April 2006 he received a formal written warning for lateness which was to remain on his personnel file for a period of six months. He received further notices of lateness in August and September 2006, May 2007 and in June of that year was required to attend a meeting concerning another allegation of lateness. He was advised that MTS expect...

6. [2006] NZEmpC AC 57/06 Kumar v Icehouse (NZ) Ltd [pdf, 114 KB]

   ...of Ms X’s complaint I can well understand why the plaintiff may have thought that this was the written statement that Ms X had given. The responses given by Ms Warin on 11 June to the further request for the statement, as evidenced by her own file note, would clearly have confirmed his understanding that Ms X had given a written statement. Further, describing the complaint as “formaI” may well have suggested it had been reduced to writing. I therefore find that the defendan...

7. CAC 10054 v Hume [2013] NZREADT 91 [pdf, 252 KB]

   ...their method of work or leave the business. He arranged a 6.00 pm meeting in his office on 28 February 2011 with the defendant who arrived early, with his two young children, and asked if he was fired. He went into a rage and started to clear out files. The deponent then noticed a deposit cheque for $20,000 in the defendant’s top drawer. The defendant picked it up and waved it in front of the deponent and said “this is money that you are never going to f...ing see” and put the c...

8. Corrigan - Ngatihine H2B (2014) 71 Taitokerau MB 72 (71 TTK 72) [pdf, 210 KB]

   ...commission their reports. The Court must be able to do so. [26] We are unpersuaded by Mr Mathieson's attempt to restrict the plain language of s 69(2) by reference to the Court's powers in s 67(2) (to direct research by a party or the filing of a report by a party) and in s 238 (to require a trustee to file a report and appear for questioning). It does not follow that the Court is to be deprived of a power to obtain its own report. [27] Nor do we find it surprising that...

9. [2019] NZEmpC 40 Berry v The Chief Executive of the Ministry of Business, Innovation and Employment [pdf, 328 KB]

   ...concludes the investigation process into this complaint and it is closed with no further action to be undertaken. It is hoped that this document provides a level of closure to all parties. All documents relating to this investigation will be filed in Mako in the Employment Services area under Business Administration/Complaints. (b) Feedback received [34] As to the feedback, the following passages from Ms Lakeman’s brief of evidence set out sequentially the contact she had wi...

10. [2016] NZEmpC 135 Nathan v Broadspectrum [pdf, 180 KB]

    ...in his statement of problem. [30] The Authority decided she had to consider whether this proposal resolved the employment relationship problem by providing for the remedies requested. The Authority noted that when the statement of problem was filed Mr Nathan had not stipulated that the reinstatement sought by him was to the exact linesman position he had occupied before his dismissal. 6 The determination states: 7 … That [reinstatement as Acting Team Leader] may have been...