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  1. [2016] NZEmpC 135 Nathan v Broadspectrum [pdf, 180 KB]

    ...strike-out application was heard at the same time as the substantive challenge. Submissions relating to a non de novo challenge [38] Mr Upton QC, counsel for the defendant, submitted that a non de novo challenge is conducted in the nature of an appeal and is necessarily limited. Relying on Jerram v Franklin Veterinary Services (1977) Ltd 13 for that principle and Harvey Norman Stores (NZ) Pty Ltd v Boult, 14 as an illustration of the principle in practice, he submitted that t...

  2. [2021] NZACC 14 - Folland v ACC (12 January 2021) [pdf, 241 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 14 ACR 370/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN IVOR FOLLAND Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 10 November 2020 Held at: Nelson/Whakatū Appearances: S Macann for the appellant I Hunt for the respondent Judgment: 12 January 2021...

  3. [2025] NZEmpC 48 Brown v The Clinician Holdings Ltd [pdf, 287 KB]

    ...examined the terms and conditions of the contract and the way in which it actually operated in practice, that it will usually be possible to examine the relationship in light of the control, integration and fundamental tests. … [49] The Court of Appeal in Rasier Operations BV v E Tū Inc considered Bryson in the context of a s 6 claim brought by rideshare drivers.3 The Court of Appeal distilled the Bryson approach into a two-stage inquiry:4 1 Bryson v Three Foot Six Ltd [2...

  6. [2018] NZEnvC 227 Taranaki Energy Watch Incorporated v South Taranaki District Council [pdf, 12 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI T AIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 227 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule to the Act TARANAKI ENERGY WATCH INCORPORATED (ENV-2016-WLG-080) Appellant SOUTH TARANAKI DISTRICT COUNCIL Respondent Court: Environment Judge J E Borthwick Environment Commissioner J A Hodges Environment Commissioner J T Baines Hearing: at New Plymouth...

  7. [2023] NZEnvC 225 The Olive Leaf Centre Trust v Queenstown Lakes District Council [pdf, 581 KB]

    ...August 2018, with 368 submissions received. The application and the submissions on it were considered by independent hearing commissioners appointed by the Council. A decision to refuse the application was made on 30 November 2020. The Trust has appealed the Council’s decision seeking that resource consent for the proposal be granted. Several parties joined the Trust’s appeal as parties under s274 of the Resource Management Act 1991 (‘RMA’ or ‘the Act’): 5 Agreed...