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1. Bay of Plenty Regional Council Submissions - 29 November 2017 [pdf, 492 KB]

   ...subordinate decision-makers considerable flexibility and scope for choice. This is reflected in the NZCPS, which is formulated in a way that allows regional councils flexibility in implementing its objectives and policies in their regional coastal policy statements and plans. Many of the policies are framed in terms that provide flexibility and, apart from that, the specific methods and rules to implement the objectives and policies of the NZCPS in particular regions must be determi...

2. [2012] NZEmpC 63 Rooney Earthmoving Ltd v McTague Whiting and Bartlet [pdf, 304 KB]

   ...d) The three directors would receive a salary or fees of $70,000 per annum. e) Mr McTague was keen to implement an incentive remuneration and/or share purchase scheme for the other two directors. f) Capon Madden would prepare cash flow statements and profit projections to be presented to possible financiers of the new business. g) Possible sources of capital and working capital requirements were identified. h) Plant purchases were identified. [18] Mr Rooney did not r...

3. [2016] NZEmpC 2 Northern Amalgamated Workers Union of NZ v Golden Bay Cement [pdf, 205 KB]

   ...designed to ensure that overtime was evenly spread between all employees. The witness described how the plan worked in practice but it is unnecessary for us to go into those details. [17] In response to the allegation in the Union's statement of claim that the Union members agreed to accept a significant reduction in income in return for the benefits of cl 24, Mr Gellatly explained that while the incomes for employees did stabilise with the introduction of the stable...

4. [2015] NZEmpC 104 Shanmuganathan v PowerNet Ltd [pdf, 235 KB]

   ...considered by the Employment Relations Authority (the Authority) at an investigation meeting. 1 The Authority determined that the decision to demote was not the action of a fair and reasonable employer. However, the Authority also determined that reinstatement was not practicable and reasonable. It was held that the appropriate remedies were financial, in that PowerNet should pay Mr Shanmuganathan $1,875 for lost wages and $2,000 for compensation for humiliation, loss of dignity...

5. Trustees of Owhaoko C Trust v Karena - Owhaoko C Trust (2017) 59 Takitimu MB 288 (59 TKT 288) [pdf, 436 KB]

   ...(2015) 337 Aotea MB 68 (337 AOT 68) at [22] to [26] 59 Tākitimu MB 294 (b) is likely to cause prejudice or delay; or (c) is frivolous or vexatious; or (d) is otherwise an abuse of the process of the court. (2) If the court strikes out a statement of claim or a counterclaim under subclause (1), it may by the same or a subsequent order dismiss the proceeding or the counterclaim. (3) Instead of striking out all or part of a pleading under subclause (1), the court may stay a...

6. [2020] NZEnvC 051 Waikato Regional Council [pdf, 326 KB]

   ...to do this by imposing additional controls on land use in the Waikato and Waipā River Catchments, including on farming activities. It has been promulgated to address significant freshwater quality issues in accordance with the National Policy Statement – Freshwater Management and is intended (and required) to give effect to Te Ture Whaimana o Te Awa Waikato Vision and Strategy for the Waikato River, which is part of the Regional Policy Statement. This is required by the Act and t...

7. [2018] NZEmpC 128 Blue Water Hotel Ltd v VBS [pdf, 435 KB]

   ...parties have agreed that the Court should resolve the legal issue referred to earlier as a preliminary question. [4] Chief Judge Inglis considered that the issue was an important one, which warranted the constitution of a full Court. Facts [5] A statement of agreed facts was placed before the Court for the purposes of the preliminary question. It relevantly stated: 1. The defendant was employed by the plaintiff as a driver during 2011. The terms of the engagement(s) are in...

8. [2018] NZEnvC 067 Motiti Rohe Moana Trust v Bay of Plenty Regional Council [pdf, 14 MB]

   ...sea birds or other marine mammals, shall be part of the investigation and reporting undertaken in accordance with Methods 19A and 19M of the Plan, taking into account the values already recognised and provided for in terms of the Regional Policy Statement and Plan. Those in Exhibit 8 are broadly acceptable, subject to finalisation. B: The biodiversity, natural character and cultural values of an area in the CMA are able to be recognised by multiple methods under both the RMA and oth...

9. 2018 NZEnvC 067 - Motiti Rohe Moana Trust and Others v Bay of Plenty Regional Council - Interim Decision of the Environment Court - 11 May 2018 [pdf, 14 MB]

   ...sea birds or other marine mammals, shall be part of the investigation and reporting undertaken in accordance with Methods 19A and 19M of the Plan, taking into account the values already recognised and provided for in terms of the Regional Policy Statement and Plan. Those in Exhibit 8 are broadly acceptable, subject to finalisation. B: The biodiversity, natural character and cultural values of an area in the CMA are able to be recognised by multiple methods under both the RMA and oth...

10. [2011] NZEmpC 8 Service v YMCA Christchurch [pdf, 243 KB]

    SERVICE v YOUNG MENS' CHRISTIAN ASSOCIATION OF CHRISTCHURCH INCORPORATED NZEmpC CHCH 9 February 2011 IN THE EMPLOYMENT COURT CHRISTCHURCH [2011] NZEmpC 8 CRC 26/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN ROSLYN SERVICE Plaintiff AND YOUNG MENS' CHRISTIAN ASSOCIATION OF CHRISTCHURCH INCORPORATED Defendant Hearing: 26 October 2010 27 October 2010 28 October 2010 25 November 20