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Section 32 Evaluation Report Consideration of alternatives, benefits and costs Proposed Plan Change 7 to the Regional Plan: Water for Otago This Section 32 Evaluation Report should be read in conjunction with Proposed Plan Change 7 to the Regional Plan: Water for Otago 18 March 2020 Section 32 Evaluation Report – Proposed Plan Change 7 18 March 2020 Page 2 Table of Contents Table of Contents .........................................
TERE LAWSON v NEW ZEALAND TRANSPORT AGENCY NZEmpC AUCKLAND [2016] NZEmpC 165 [13 December 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 165 EMPC 127/2015 IN THE MATTER OF challenges to determinations of the Employment Relations Authority BETWEEN TERE LAWSON Plaintiff AND NEW ZEALAND TRANSPORT AGENCY Defendant Hearing: 29, 30, 31 August and 1, 2, 5, 6, 7, 9 September 2016 (heard at Auckland) Appearances: Plainti
...to hold an expert conference to endeavor to reach agreement. This has now occurred after some further delays occasioned by restrictions due to COVID-19. [6] I have now reviewed the final proposed conditions of consent relating to all consents appealed from decisions of both Canterbury Regional Council and 3 Waimakariri District Council. [7] As recorded in the second decision3 the matters requiring resolution were: • Seismic assessment (post Kaikoura earthquake) • Enginee...
...of infinite duration – because it contained no provision for expiry – was void and of no effect as a collective employment contract. I would so construe such a contract because of its fundamental non-compliance with the Act. [24] The Court of Appeal has also held that, in spite of non-compliance with certain sections of the Employment Contracts Act, s25 left the character of the collective contract intact.2 [25] The Employment Relations Act 2000 has no equivalent to s25 and s163...
...the real controversy between the parties, citing Kirton v Prospecdev Holdings Ltd1 and Elders Pastoral Ltd v Marr2. In the latter case the Court had allowed an amendment following final submissions but before delivery of judgment. The Court of Appeal approved at page 384 the approach of the trial Judge which had been as follows: “The general approach therefore, is that even at this late stage the Court should make the amendments sought if they are necessary for the purpose of d...
...for no other purposes: (b) if copies of any documents have been made available by any party,— (i) those copies must be returned to that party within 28 clear days after the conclusion of the proceedings or after the conclusion of any related appeal, whichever is the later; and (ii) copies of any of those copies must not be retained by the party to whom those copies were made available: (c) the information contained in any document so disclosed but not used in evidence in the pro...
...to and including the discontinuance. 8 I can discern no reason in principle why a different approach would apply in this jurisdiction. [10] Ultimately the Court is required to assess what is reasonable in the circumstances. As the Court of Appeal observed in Kroma Colour Prints Ltd v Tridonicatco NZ Ltd, 9 the general rule that a discontinuing party is liable for costs on discontinuance (provided for in r 15.23) may be displaced “if there [are] just and equitable circumsta...
...against a subsequent employer, and apparently on the same or very similar issues, has recently been determined by the Authority. So too has at least one other case and it appears that all of those cases determined by the Authority are destined for appeal if they have not been challenged already. The cases raise issues of principle about whether employees who sleep over at their employer’s premises, or perhaps at their homes, are to be regarded as working during such times for the...
...unable to agree. [2] The defendant now seeks a contribution towards its costs citing the well known principles in Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 and Victoria University of Wellington v Alton-Lee [2001] 1 ERNZ 305. The Court of Appeal decisions indicate that a figure of 66 percent of actual and reasonably incurred costs provides a useful starting point in calculating the appropriate contribution of the losing party to the successful party’s costs. They also endo...
...de novo (that is by “a full hearing of the entire matter” that was before the Authority), I must determine the just nature and scope of the challenge. As to its nature, I have determined that the challenge should be akin to a conventional appeal. That is, there will be an onus on Mr Rawlings to persuade the Court that the Authority’s determination on the information that was before it, was wrong. That is a narrower form of challenge than by hearing de novo in which the Cour...