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1. 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...

2. FINAL CE Gifts Benefits Expenses Disclosure Workbook 1 July 2019 to 30 June 2020 [xlsx, 2.7 MB]

   Guidance for agencies Chief Executive Expense Disclosures: A Guide for Agency Staff The following is a summary from "Chief Executive Expense Disclosures: A Guide for Agency Staff": http://www.ssc.govt.nz/assets/Legacy/resources/Chief-Executive-Expense-Disclosure-Guide.pdf Please read that in full first. In the following worksheets, cells shaded light green require input. All other cells are locked to prevent change. Purpose The purpose of regular public disclosure of Chief Execu

3. [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...

4. 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

5. [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...

6. [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...

7. 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...

8. [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...

9. [2012] NZEmpC 218 NZ Airline Pilots Association v Mt Cook Airlines Ltd [pdf, 147 KB]

   ...followed and applied in any consideration of the relevant provisions of s 9 of the Act are those recognised by the full Court in cases such as Tertiary Education Union v Chief Executive, Western Institute of Technology 3 and Vice-Chancellor of Massey University v Wrigley. 4 The starting point is s 5 of the Interpretation Act 1999 which provides: 5 Ascertaining meaning of legislation (1) The meaning of an enactment must be ascertained from its text and in the light of its purp...

10. Rebecca Liv Stirnemann - Evidence in Chief [pdf, 699 KB]

    ...in that capacity since April 2017. Forest & Bird has asked me to present evidence in my capacity as an Ornithologist, not in my capacity as a Regional Manager. Qualifications and experience 4. I hold two Masters of Science degrees from the University of Pretoria, South Africa and from Trinity College Dublin, Ireland respectively. I also hold a PhD in Ecology and Ornithology from Massey University in New Zealand. My PhD thesis, completed in 2016 was on the ecology and threats t...