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1. [2019] NZEnvC 071 Eyre Community Environmental Safety Society Incorporated v Christchurch Regional Council [pdf, 16 MB]

   IBEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: IN THE MATTER AND BETWEEN AND AND Decision No. [2019] NZEnvC '1 I of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act EYRE COMMUNITY ENVIRONMENTAL SAFETY SOCIETY INCORPORATED (ENV-20 14-CHC-000057) Appellant CHRISTCHURCH REGIONAL COUNCIL and WAIMAKARIRI DISTRICT COUNCIL Respondents WAIMAKARIRI IRRIGATION LIMITED Applicant Principal Environment Judge L J Newh

2. [2011] NZEmpC 49 Katz v Mana Coach Services Ltd [pdf, 143 KB]

   ...although it was accepted that there was no express indemnity clause in the parties‟ employment agreement and that the case was to be decided on the basis of the common law. The contentions [9] The basis of Ms Katz‟s claim is set out in her statement of claim in these terms: Grounds of claim 15. When the facts giving rise to the charge occurred, the Plaintiff was “on duty” and performing a duty of her employment. 16. The Plaintiff relies on the term of employment, im...

3. [2016] NZEmpC 105 Caffe Coffee (NZ) Ltd v Farrimond [pdf, 124 KB]

   ...steps during the term of his employment which breached multiple terms of his employment agreement; these were purchasing a roaster, entering into an agreement to lease, incorporating The Village Roaster Limited (TVR), and making an inaccurate statement in his resignation email. I found that Mr Farrimond did breach his contractual obligations when he incorporated TVR and when he was concerned in its business without the prior written consent of the Chief Executive of Caffe Coffee,...

4. [2021] NZIACDT 20 – HT v Shaikh (27 August 2021) [pdf, 235 KB]

   ...but it was found that referral to the Tribunal was not required. [33] Furthermore, Mr Shaikh had taken steps to ensure that the errors would not occur again. He is entitled to credit for adopting a constructive approach. [34] A supporting statement (14 April 2021) from Mr Shaikh was provided to the Authority. He acknowledged that he had previously acted for the complainant and had remained on standby to assist him with the further visa application. It was accepted by Mr Shaik...

5. [2012] NZEmpC 49 Miller v Fonterra Co-Operative Group [pdf, 175 KB]

   ...indemnify him against losses he says he suffered and that his employer was in breach of contract. [3] Mr Miller wishes to use certain documentation in his proceedings in this Court. The documentation falls into three categories: (a) A witness statement and transcript of evidence given in District Court proceedings by one of the defendant’s former counsel (Mr Mehrtens) (document 76); (b) Three documents which are said to contain legal advice and which were created in co...

6. 2021-05-18 Trustpower - ORC PC7 - opening submissions [pdf, 728 KB]

   ...the application of Schedule 10A.4. (b) Recently, various changes have been recommended as a result of conferencing between the experts (including Trustpower’s experts), culminating in the version of PC7 attached to the 7 May 2021 Joint Witness Statement (“JWS”).3 (c) Broadly, while the version of PC7 attached to the 7 May 2021 JWS deals with Trustpower’s concerns in a different manner than sought in Trustpower’s submission and evidence, with one exception Trustpower consi...

7. RIS - Updating the provisions in the Electoral Act 1993 for managing polling disruptions [pdf, 773 KB]

   ...polling disruptions | 8 Interested agencies Aside from the Commission, other agencies likely to have an interest in provisions for managing polling disruptions include those responsible for managing the wider response to the emergency (eg Civil Defence, Police, or the Ministry of Health). Overall fitness-for-purpose of system Under the Act, the Commission must report on the administration of each General Election. This includes recommending any changes to the administration...

8. Z v Secretary for Justice [2023] NZRA 001 (28 March 2023) [pdf, 306 KB]

   ...originally stood, read: 5 Category 4 criminal proceedings (1) For category 4 criminal proceedings, the applicant must have— (a) at least 24 months’ recent experience working on category 3 criminal proceedings; and (b) appeared as counsel for the defence with substantial and active involvement in at least four category 3 or 4 criminal proceedings. (2) The experience referred to in subclause (1) must be gained in relation to trials on indictment before a jury or before a Judge al...

9. [2020] NZEmpC 51 O’Boyle v McCue [pdf, 298 KB]

   ...464/2019 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of a challenge to objection to disclosure AND IN THE MATTER of an application for leave to amend statement of claim BETWEEN LYNETTE SALLY O’BOYLE Plaintiff AND O’BOYLE LAW LIMITED Second Plaintiff AND JANIS MARY MCCUE Defendant Hearing: (on the papers) Appearances: C W S...

10. [2013] NZEmpC 145 AARTS v Barnardos NZ and Ors [pdf, 185 KB]

    ...[56] In these circumstances I am assisted by the tenth defendant’s submissions identifying what equivalent proceedings in the High Court may have warranted under scale charges for litigation there. On a 2B basis, the tenth defendant claims: Statement of defence $3,980 Teleconference callovers (2) $796 Preparation of evidence $4,975 Preparation for hearing $5,970 Hearing costs – 1 day $1,990 TOTAL $17,711 [57] Unlike the other defendants whose cases were dealt with by l...