Search Results

1. [2012] NZEmpC 129 Liu v South Pacific Timber (1990) Ltd [pdf, 121 KB]

   ...plaintiff had chosen to make his present residence elsewhere. 16 [16] It is evident that Mr Liu has close links to New Zealand. He is a New Zealand citizen. He has a wife and two daughters living in New Zealand, who are studying at school and university. He also has some unspecified property here. He appears to have returned from time to time in the past over the course of the last 12 months, having sworn some of his affidavits filed in these proceedings in New Zealand. How...

2. [2015] NZEmpC 178 Twentyman v The Warehouse Ltd interlocutory [pdf, 116 KB]

   ...February 2015 after an investigation meeting over two and a half days in November 2014 and following the receipt of written submissions in early December 2014. [8] Ms Twentyman’s grievances and common law claims for breach of contract were universally unsuccessful in the Authority. It held that The Warehouse Limited (TWL) had not breached the express or implied health and safety terms of Ms Twentyman’s employment agreement with it; that she did not raise her personal...

3. LCDT - 2016 annual report [pdf, 496 KB]

   ...conclusion of the criminal process. That wait has, so far, been in excess of six years. It is expected that both sets of charges will be disposed of within the next year.2 We are acutely aware of the comments of the Court of Appeal in Orlov v. Auckland Lawyers Standards Committee and Or3: “[107]……almost five years later it has still not been resolved. Such a situation is totally unsatisfactory and contrary to the statutory policy that complaints are to be dealt with...

4. [2016] NZEmpC 175 Wikaira v The Chief Executive of Department of Corrections [pdf, 767 KB]

   ...practice at the Northland Prison in respect of basic grade corrections officers, as Ms Wikaira was. Her evidence that she was not made familiar with the 2011 Code of Conduct was uncontradicted. There were, apparently, no records confirming the universal dissemination of the latest Code including, as is usual, personal confirmation of receipt. The best case for the defendant is that Ms Wikaira should have been made aware of the promulgation of the new Code. In large workplaces, t...

5. 2022-03-18 Remarkables Park - Legal submissions as to scope [pdf, 1.5 MB]

   2095028 / 704805 IN THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CHC-128 I TE KŌTI TAIAO KI ŌTAUTAHI UNDER the Resource Management Act 1991 (the Act) AND IN THE MATTER of a notice of motion under section 149T of the Act BY OTAGO REGIONAL COUNCIL Applicant LEGAL SUBMISSIONS FOR REMARKABLES PARK LIMITED AS TO SCOPE Dated: 18 March 2022 Rowan Ashton Senior Associate ashton@brookfields.co.nz Tel

6. ENV-2016-AKL-000TBA Terra Nova Planning Limited v Auckland Council (Topic-056-057) [pdf, 742 KB]

   1 IN THE ENVIRONMENT COURT ENV-2016-AKL- AT AUCKLAND IN THE MATTER of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) AND IN THE MATTER of an appeal under section 156(1) of the LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearings Panel (Hearings Panel) on the proposed Auckland Unitary Plan (Proposed Plan) AND IN THE MATTE...

7. [2017] NZEmpC 85 Ramkissoon v Commissioner of New Zealand Police [pdf, 668 KB]

   DANIEL SEAN RAMKISSOON v THE COMMISSIONER OF POLICE NZEmpC AUCKLAND [2017] NZEmpC 85 [7 July 2017] IN THE EMPLOYMENT COURT AUCKLAND [2017] NZEmpC 85 ARC 60/12 proceedings removed from the Employment Relations Authority BETWEEN DANIEL SEAN RAMKISSOON Plaintiff AND THE COMMISSIONER OF POLICE Defendant Hearing: Rotorua and Tauranga 19, 20, 21, 22, 23, 26 and 27 August (Rotorua) and 11, 12 and 13 November (Tauranga) 2...

8. [2016] NZEmpC 158 Kidd v Beaumont [pdf, 460 KB]

   ...Mrs Atkinson was Phoenix’s employee. “Volunteers”? [44] The Authority Member began her determination by stating generally that “Volunteers are the lifeblood of many communities”. While that may be true in one sense, it is not a universal or absolute truth and it must, in any event, yield to the application of the law (and employment law in this case). In a number of enterprises, volunteers (people who work without payment in the nature of wages or salary or other re...

9. ENVC Hearing 6Oct14 WML evidence chief Mark Apeldoorn [pdf, 3.3 MB]

   Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Evidence of Mark John Apeldoorn on behalf of Waiheke Marinas Ltd Dated 28 April 2014

10. [2009] NZEmpC WC 5/09 McCain Foods (NZ) Ltd v Services and Food Workers Union [pdf, 68 KB]

    ...no role in setting terms and conditions of employment. 1 Section 5(1) of the Interpretation Act 1999. 2Toll NZ Consolidated Ltd v Rail & Maritime Union Inc [2004] 1 ERNZ 392; Association of University Staff Inc v Vice-Chancellor of the University of Auckland [2005] ERNZ 224; both followed in Service & Food Workers Union Nga Ringa Tota v Auckland District Health Board [2007] ERNZ 553. 3 Section 33 of theAct. [34] Th...