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1. [2016] NZEmpC 2 Northern Amalgamated Workers Union of NZ v Golden Bay Cement [pdf, 205 KB]

   ...22. 27 New Zealand Meat Workers and Related Trades Union v Taylor Preston Ltd, above note 22. 28 New Zealand Meat Workers and Related Trades Union v Taylor Preston Ltd, above note 22. [41] Taylor Preston unsuccessfully sought leave to appeal on a question of law, namely, as Ms Muir expressed it, "whether the preference was unlawful if the employer's subjective reason did not involve favouring non-union members." On this issue, the Court of Appeal stated:...

2. MLC 2018 April Outstanding OCR Applications [pdf, 377 KB]

   ...164-165 and 90 Aotea 81-82 dated 30 April 1999 and 11 December 1998 - Application to Chief Judge A20180001430 58/93 Lawrence Niao Matata Parish Lot 39A 2A - and charging orders made at 176 Waiariki 226-243 on 30 November 2017 - Notice of Appeal A20180001438 58/93 Rae Beverly Adlam Matata Parish 39A 2A - and a charging order made at 176 Waiariki MB 226 on 30 November 2017 - Notice of Appeal A20180001563 45/93 Lindsay Katene Thomas Phillip Meads also known as Kereru...

3. LCRO 18/2017 LK v NM [pdf, 233 KB]

   ...in that they failed to particularise the substance of Mr LK’s objection to the decision. [15] Mr LK’s application is reflective of applications commonly filed in the criminal jurisdiction, where lawyers initially identify as their grounds of appeal, complaint that the Court has erred in fact or law, or failed to take into account relevant considerations. 4 [16] Whilst that approach may provide lawyers working in the criminal jurisdiction, with opportunity and time to reflect...

4. Jenkins v Matauri X Incorporation - Matauri X Incorporation (2005) 101 Whangārei MB 100 (101 WH 100) [pdf, 4.8 MB]

   ...2004 to which Ihe Regislrar's report of 11 February 2004 had been presenled, as direcled by Ihe Court on 3 December 2003. He also reported Ihat Ihe High Court had upheld Ihe validily of Bridgecorp's mortgage. He had instrucled counsel 10 appeallhal decision in Ihe Court of Appeal. Final submissions were received from the parties, shareholders and members of the Commillee of Management. Mr Henry was direcled 10 file his final report by Ihe end of April 2004. This was received o...

5. LCRO 75/2016 XN and WN v VO (25 February 2019) [pdf, 242 KB]

   ...scope of review [51] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

6. [2022] NZEmpC 123 CSN v Royal District Nursing Service NZ Ltd [pdf, 376 KB]

   ...[56] She said that the applicable right was found in s 11, which confirms that everyone has the right to refuse to undergo any medical treatment. [57] There are of course many cases where a rights-based analysis is necessary, but, as the Court of Appeal made clear in Terranova Homes & Care Ltd v Service and Food Workers Union Nga Ringa Tota Inc, a s 6 analysis only applies where on one interpretation of a provision, there is an inconsistency with a protected right or freedom.15...

7. Hill v Accident Compensation Corporation (suspension of entitlements) [2022] NZACC 239 [pdf, 456 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 239 ACR 57/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ROCKY HILL Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 6 September 2022 Heard at: Auckland/Tāmaki Makaurau Appearances: M Darke for the appellant J Sumner for the respondent Judgment: 8 Dec...

8. [2024] NZEnvC 090 Bowkett v Whangarei District Council [pdf, 2.3 MB]

   Bowkett v Whangarei District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 090 IN THE MATTER OF appeals against an abatement notice under s 325 of the Resource Management Act 1991 BETWEEN GD BOWKETT (ENV-2023-AKL-150) (ENV-2023-AKL-153) Appellant AND WHANGĀREI DISTRICT COUNCIL NORTHLAND REGIONAL COUNCIL Respondents IN THE MATTER OF an application for enforcement orders under ss 314...

9. [2023] NZEnvC 154 Middle Hill Ltd v Auckland Council [pdf, 1.4 MB]

   Middle Hill Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 154 IN THE MATTER OF an appeal under clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN MIDDLE HILL LIMITED (ENV-2020-AKL-000048) Appellant AND AUCKLAND COUNCIL Respondent Court: Environment Judge MJL Dickey Environment Commissioner RM Bartlett Environment Commissioner A Gysberts Hearing: On the...

10. [2024] NZEnvC 029 New Zealand Motor Caravan Association Inc v Marlborough District Council [pdf, 2.9 MB]

    NEW ZEALAND MOTOR CARAVAN ASSOCIATION INC v MARLBOROUGH DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 029 IN THE MATTER of an appeal under s 120 of the Resource Management Act 1991 BETWEEN NEW ZEALAND MOTOR CARAVAN ASSOCIATION INC (ENV-2023-CHC-078) Appellant/ Applicant AND MARLBOROUGH DISTRICT COUNCIL Respondent Court: Environment Judge B P Dwyer sitting alone under s 279 of the Act...