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1. LCRO 202/2015 BT v DG (1 October 2018) [pdf, 234 KB]

   ...office to conduct a review. 2. Section 132(1) of the act provides that “any person may complain to the appropriate complaints service about the conduct of a practitioner or former practitioner”. 3. In any event, the committee decision (and the file), give clear indication that Mr BT had instructed you. His complaint (and the committee decision) focuses on Mr BT’s complaints regarding the representation provided. 6 [21] Dr DG maintained his views as to the jurisdiction of th...

2. [2020] NZEnvC 215 Awatarariki Residents Incorporated v Bay of Plenty Regional Council [pdf, 2.2 MB]

   ...publicity that the event at Matata and subsequent processes had had and the importance of enabling members of the Society to have access to the process by which any consent order would be made. Evidence [20] Prior to the hearing, the councils filed and served the following evidence: a) The affidavit of Peter Lindsay Blackwood sworn on 23 November 2020; b) The joint affidavit of Christopher Ian Massey and Timothy Reginal Howard Davies affirmed on 23 November 2020; and c) The join...

3. MfE - EiC - K S Kohere - Planning Policy (5 Feb 2021) [PDF, 254 KB]

   ...Statement of Evidence of Tom De Pelsemaeker at paragraph 488 19 Minister for the Environment’s recommendations to Otago Regional Council – 18 November 2019 (Appendix D to Mr De Pelsemaeker’s evidence) https://www.mfe.govt.nz/sites/default/files/media/RMA/letter-to-orc-re-s24a-investigation-from-hon-david-parker-18112019.pdf 9 6120787_1 POSITION / SUBMISSION 46. The Minister supports the intent of PC7 and its objective to provide an interim planning framework that constra...

4. COES - EiC - J R Sullivan (5 Feb 2021) [pdf, 2.4 MB]

   ...thyme perfumes the air. On the gravelly tracks beside the river, the pungent twiggy thyme, woolly mullein with its grey velvety leaves, broom. On the last kilometre stretch to the bridge, the river runs as wide as the banks. We walk in single file up the middle of the river, following the thalweg, the centre line of the river. It’s a cobbly path we’re on, deeper than our boots. The blue sky has turned grey with low cloud and a bitter wind reminds of snow on the ranges. Plodding,...

5. [2020] NZEnvC 147 Grants Motels Limited v Dunedin City Council [pdf, 599 KB]

   ...will exercise my discretion to vary the orders as sought and extend the time to complete the works before the City Council can enter the property to undertake the works itself pursuant to order 4. Outcome [13] Having considered the memoranda filed, I agree that the changes sought to the enforcement orders set out in orders [A] and [B] should be made by consent. ANNEXURE 1 CRl-2013-012-001679 This Enforcement Order is made under sections 339(5)(a) and 314 of the Act with orde...

6. [2021] NZEmpC 80 Butler v Ohope Chartered Club Inc [pdf, 244 KB]

   ...unjustifiably dismissed, lost earnings equal to three months’ pay and compensation under s 123(1)(c)(i) of the Act of $20,000. Costs in both the Court and Authority were claimed. [9] Although the proceeding was served on the Club it did not file a statement of defence or attempt to enter an appearance at the hearing. [10] While Mr Butler challenged the whole of the substantive determination, he did not seek to disturb most of its findings concentrating, instead, on seeking to...

7. 2021-06-04 – Hearing Notice – PC7 – Commencing Monday 28 June 2021 [pdf, 273 KB]

   ...of proceedings then the Court may order the party or parties to pay any costs and expenses incurred by the Crown or another party. This may happen where the hearing time allocated by the Court is not used. 3 EVIDENCE Evidence should be filed in accordance with the court’s directions, which are available here: • https://environmentcourt.govt.nz/assets/Documents/Publications/2020-12-02-Minute-Final- Timetable-and-Expert-Conferencing-Directions.pdf • https://environmentco...

8. [2020] NZIACDT 12 - TSO v Essina (27 February 2020) - Sanctions [pdf, 154 KB]

   ...complainant from an Auckland welding company. She then sent him Approved Immigration’s service agreement for immigration services, which was signed by both Ms Essina and the complainant on about 1 November 2016. [10] On 23 November 2016, Ms Essina filed a work visa application on behalf of the complainant with Immigration New Zealand. It was based on the offer from the welding company. She advised the agency in her covering letter that he had not received an evaluation of h...

9. [2020] NZEmpC 49 Maritime Union of New Zealand Inc v ISO Ltd [pdf, 381 KB]

   ...conscience jurisdiction to deny Mr Lye the ability to participate in this proceeding. [40] I am conscious that the orders to be made may be seen as allowing this litigation to change in such a way that it is not the same challenge as originally filed. Such an observation would be misplaced. The fundamental issue remains whether a compliance order should be made where the relevant employment agreements do not comply. Outcome [41] The following orders are made: (a) M...

10. [2020] NZEmpC 66 A Labour Inspector v Fernando [pdf, 235 KB]

    ...have sufficient assets to pay the amount in full. See also the discussion in Brill v Labour Inspector [2017] NZCA 169. [45] Costs are reserved. If costs are to be pursued by either party memoranda proposing a timetable will need to be filed. K G Smith Judge Judgment signed at 9.55 am on 22 May 2020