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1. [2018] NZEmpC 106 X v The Chief Executive of the Department of Corrections [pdf, 683 KB]

   ...properly considered. Instead it behaved as if it was prosecuting Mr X for causing stress to its other employees. [62] The cases relied on by Ms Thomas do not support all of her submission. In Smith v Christchurch Press Co Ltd the Court of Appeal considered for the first time the connection between conduct ostensibly outside of the workplace and an employer’s ability to dismiss for it.4 The circumstances in Smith were serious. A Christchurch Press employee was harassed and s...

2. Nepia Ranapia - Evidence in Chief [pdf, 1.6 MB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF EVIDENCE OF NEPIA RANAPIA ON BEHALF OF MOTITI ROHE MOANA TRUST 25th October 2017 Counsel Acting RB Enright Barrister Level 1, Stanbeth House 28 Customs St East Bri...

3. [2023] NZEnvC 091 Barnhill Corporate Trustee Ltd v Queenstown Lakes District Council [pdf, 2 MB]

   ...PDP – TOPICS 25 AND 30 RE WAKATIPU BASIN TEXT – FINAL DECISION 2023 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 91 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN BARNHILL CORPORATE TRUSTEE LIMITED and all other appellants concerning Topics 25 and 30 of Stage 2 of the proposed Queenstown Lakes District Plan (ENV-2019-CHC-086) Appell...

4. [2021] NZACC 102 – Broad v ACC (16 November 2021) [pdf, 632 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 102 ACR 75/17 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN GINA BROAD Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 18 May 2021 Heard at: New Plymouth/Ngamotu Appearances: Ms S Mason for the appellant Ms A Miller for the respondent Judgment: 12...

5. [2006] NZEmpC AC 50/06 Tu'itupou v Guardian Healthcare Operations Ltd [pdf, 134 KB]

   ...lodging of the statement of problem was met by an application to strike out on the basis of limitation. That application proceeded to a hearing before the Authority. I will deal with the decision shortly. [22] Before dealing with the decision appealed against and legal issues, I refer to one further factual matter having significance in respect of a submission made by Ms Schaaf. This was whether, even if the time limitation had expired for commencing proceedings in respect of the...

6. Horowhenua 11 (Lake) Part Reservation Trust v Taueki - The Horowhenua 11 (Lake) Block (2015) 343 Aotea MB 254 (343 AOT 254) [pdf, 284 KB]

   ...matter be set down for hearing at the next available court at Levin on 19 March 2015. Ms 4 Rudd Senior v Proctor – Horowhenua 11 (Lake) Trust [2012] Māori Appellate Court MB 107 (2012 APPEAL 107). 5 306 Aotea MB 175 (306 AOT 175) at [71]. 343 Aotea MB 258 Johnson subsequently sought a teleconference because the Trust was concerned to have the matter addressed as soon as practicable for the following reasons: a) T...

7. Te Rununga o Ngati Hine - Determination of dispute between Te Rununga o Ngati Hine and Te Rununga a Iwi o Ngapuhi (2011) 28 Taitokerau MB 217 (28 TTK 217) [pdf, 216 KB]

   ...trustee or agent, of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 or an appeal under Part 2 relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. (3) Any injunction made by the Court...

8. [2013] NZEmpC 197 Electrical Union 2001 Inc and Anor v Mighty River Power [pdf, 239 KB]

   ...guidance about important features of their employment relationships. Interpretation of collective agreements [25] The correct approach to interpreting collective agreements has been addressed most authoritatively and recently by the Court of Appeal in Silver Fern Farms Ltd v New Zealand Meatworkers and Related Trade Unions Inc. 12 The Court followed the judgments of the Supreme Court in Vector Gas Ltd v Bay of Plenty Energy Ltd 13 and what it described as a series of importan...

9. Memorandum of Counsel for Wellington International Airport Limited (dated 07 May 2018) [pdf, 825 KB]

   ...July 2016. her HOIiOUr Justice Clark dismissed NZALPA's concerns, and held lIlal the Director's d&GJsion and tl18 process IGading to Ihal decision was lawful. On 2B July 2018, NZALPA appeoled Ihe High Court Deoision to the Court of Appeal. I~ lheir judgment delivered on 28 February 2017, Ihe Court of Appeal sel aside Ule Directors decision, and ordered that it be reconSidered, In particular, the Court of Appeal suggested Ihal the Director o\l9ht to have oonsidered more tha...

10. Pokere v Bodger - Ōuri 1A3 (2023) 466 Aotea MB 120 (466 AOT 120) [pdf, 356 KB]

    ...and asbestos removal are not properly claimable. (h) If an award of costs is to be made, counsel invites the Court to make 466 Aotea MB 124 2 Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64 (2011 APPEAL 64). tā te Kōti e tuku ai i runga anō i te tika me te pono. Ko tā te ture [7] Ko tā tekihana 79 o te Ture Whenua Māori 1993 (“Te Ture”) he tohu i te Kōti ki ngā mana e taea ai te tākoha atu ngā utu. [8] Ko ng...