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CAFFE COFFEE (NZ) LTD v SUNE FARRIMOND NZEmpC AUCKLAND [2016] NZEmpC 105 [23 August 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 105 EMPC 198/2015 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN CAFFE COFFEE (NZ) LTD Plaintiff AND SUNE FARRIMOND Defendant Hearing: (on the papers by submissions filed on 24, 27 June and 4 July 2016) Appearances: D Clark, counsel for t...
...oceanographer, working for MetOcean Solutions Limited (Ltd) since October 2011. The Meteorological service of New Zealand is a 49 % shareholder in MetOcean Solutions Ltd. I hold a Doctor of Philosophy degree (PhD) in physical oceanography from the University of Otago, specializing in the physics of many types of ocean waves (sea-swell waves, storm surges, meteorological tsunamis and topographically trapped waves). 2. I have 10 years’ experience as a physical oceanographer and...
...submissions dated 7 August 2013 Mr Harrison made the following points: [5.1] The apology now made by the plaintiff is not surprising given the comprehensive adverse findings of credibility made by the Tribunal. [5.2] The plaintiff has a significant university degree and is half way through completion of another. She should perhaps seek gainful employment. It is irrelevant that she has little discretionary income. [5.3] The defendant was supportive of the plaintiff until she complaine...
...it is intended to be punitive. (Emphasis as in original) [13] Smith and Hogan’s Criminal Law also gives a helpful statement in its conclusion: 4 Readers will by now have realized that the task of defining ‘crime’ by reference to a universal purpose for criminalization or by identifying some universally accepted ingredients such as public wrongs and harms would be extremely difficult. There is no sufficient agreement as to what these purposes or ingredients are. Th...
...this piece for Te Manutukutuku as the new Director of the Waitangi Tribunal Unit. The work of the Tribunal has always been of sig nificant interest to me and was one of the reasons I embarked upon my undergradu ate degree in history at Auckland University in the early 1990s. Several years later, having studied under inspiring figures such as Keith Sorrenson, Judith Binney and Hugh Laracy, I completed my masters and was fortunate enough to be offered a teaching position myself. My...
...memorandum advising that the parties were unable to agree on costs and seeking a contribution towards its costs on the application in the sum of $500. [5] Ms Douglas’s memorandum refers to the three leading Court of Appeal cases Victoria University of Wellington v Alton-Lee, 2 Binnie v Pacific Health Ltd, 3 and Health Waikato Ltd v Elmsly. 4 She submitted that costs may be awarded in cases where a notice of discontinuance is filed prior to a substantive hearing, citing Ke...
...must first assess the reasonableness of the legal costs incurred by the Society. I find that the costs incurred are entirely reasonable, particularly having regard to the fact that a 4 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [61]-[63], Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA) at [13]-[16]; Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172; (2004) 17 PRNZ 16 (CA) at [42] and Belsham v Ports of Auck...
...and characteristics of the various samples and the reconviction analysis. The evaluation covered all referrals for court-referred restorative justice conferences made between 4 February 2002 and 3 February 2003 by judges in the four pilot courts (Auckland, Dunedin, Hamilton and Waitakere)1 for pilot ‘eligible’ offences. We drew data from a wide variety of sources: • we had access to the restorative justice database set up by the then Department for Courts, which contains info...
...the Resource Management Act 1991 (RMA) AND IN THE MATTER of a direct referral application under section 87G of the RMA for resource consents for the necessary infrastructure and related activities associated with holding the America’s Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND LIMITED (ENV-2018-AKL-000078) Applicant AND AUCKLAND COUNCIL Regulatory Authority STATEMENT OF EVIDENCE OF PETER KENSINGTON ON BEHALF OF THE AUCKLAND COUNCIL (LANDSCAPE AND VISUAL EF...
...them in the Authority. The facts [6] Evidence was given by way of affidavit. Only Mr Eveleigh was required for cross-examination. [7] Mr Broughan is the managing director of Auto-Movements, a car transportation company which operates out of Auckland and Wellington. In September 1996 Auto-Movements purchased this business from Mr Eveleigh who had established it. [8] The sale was accompanied by a restraint of trade. Although this was not produced in evidence it was quoted in...