Search Results

1. [2023] NZEnvC 051 Aratiatia Livestock Limited v Southland Regional Council [pdf, 4.2 MB]

   ...Issues arose on appeal concerning the strength of the policy direction, how the policy should be framed including with regards to qualifying terms, and whether the policy should apply to both diffuse and point source discharges. [14] The policy was appealed by Forest & Bird/Fish & Game and Ngā Rūnanga. Twelve parties joined the appeals by way of s 274 notices. We set out next the Decisions Version and proposed consent order versions of the policy. Policy 15A Decisions Ve...

2. [2015] NZEmpC 204 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 533 KB]

   NEW ZEALAND MEAT WORKERS & RELATED TRADES UNION INC v AFFCO NEW ZEALAND LIMITED NZEmpC AUCKLAND [2015] NZEmpC 204 [18 November 2015] IN THE EMPLOYMENT COURT AUCKLAND [2015] NZEmpC 204 EMPC 152/2015 IN THE MATTER OF an application for declarations, injunctions and compliance orders BETWEEN NEW ZEALAND MEAT WORKERS & RELATED TRADES UNION INC First Plaintiff AND ROBERTA KEREWAI RATU AND OTHERS Second Plaintiffs AND AFFC

3. [2011] NZEmpC 45 Bachu v Davie Motors Ltd [pdf, 78 KB]

   ...plaintiff providing adequate information. [9] Ms Swarbrick in her submissions refers me to the legal authorities of Laverty v Para Franchising Ltd 1 and Dowd v Gubay 2 . Those decisions involve considerations by the High Court and Court of Appeal on the issue of “exceptional circumstances” in the Legal Services Act 2000 and its predecessor Act. [10] In Laverty, paras [23] and [24], the Court of Appeal stated as follows: [23] Mr Upton QC submitted to us that the genera...

4. [2010] NZEmpC 138 George v Auckland Regional Council [pdf, 36 KB]

   ...carried out, to a standard commensurate with the gravity of the accusation and the potential effect on the employee, prior to deciding to dismiss the employee? [12] In relation to the second question, Ms Perkin cited the recent English Court of Appeal decision of Salford Royal NHS Foundation Trust v Roland,10 issued on 13 May 2010, as authority for the proposition that it is particularly important that employers take seriously their responsibilities to conduct a fair investigation whe...

5. Murphy & Anor v CAC301 & Anor [2015] NZREADT 73 [pdf, 134 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 73 READT 090/14 IN THE MATTER OF an appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN CHRISTINE and NEIL MURPHY Appellants AND REAL ESTATE AGENTS AUTHORITY (CAC 301) First respondent AND VANESSA MOWLEM Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Ms N Dangen - Member BY CONSENT PENALTY IS HEARD ON THE PAPERS D...

6. L v Kim [2015] NZIACDT 108 (22 December 2015) [pdf, 185 KB]

   ...a fine of $100,000 or both for knowing offending, and a fine of up to $100,000 if the knowledge element is absent. The Courts treat the offending as having a gravity that reflects the range of penalties. In Hakaoro v R [2014] NZCA 310 the Court of Appeal dealt with an appeal against a sentence of one year and eight months imprisonment on charges under the Act. Mr Hakaoro’s appeal was unsuccessful, as was his application for leave to appeal to the Supreme Court 2 . [27] The other eleme...

7. [2015] NZEmpC 221 Caffe Coffee (NZ) Ltd v Farrimond interlocutory [pdf, 154 KB]

   ...was said that: 11 In applications of this kind it is necessary carefully to weigh all of the factors in the balance between the right of a successful litigant to have the fruits of a judgment and the need to preserve the position in case the appeal is successful. Often it is possible to secure an intermediate position by conditions or undertakings and each case must be determined on its own circumstances. [8] This Court has often been assisted by considering such factors as:...

8. Dixon v CAC 20004 & Anor [2014] NZREADT 98 [pdf, 42 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 98 READT 037/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN BRIDGET DIXON Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 20004) First respondent AND JOY BAKER Second respondent MEMBERS OF TRIBUNAL Ms K Davenport QC – Chairperson Mr G Denley – Member Mr J Gaukrodger – Member HEARD at WELLINGTON on 20 October 2014 DA...

9. [2014] NZEmpC 28 Harvery Norman v Boult [pdf, 51 KB]

   ...Ogilvy observed that Calderbank offers do not grant automatic protection in the event of lesser recovery but are a discretionary factor which can be taken into account in determining costs. [12] Later, the Authority noted: [14] In the Court of Appeal case of Health Waikato v Elmsley [2004] 1 ERNZ 172 the Court commented that: ....we think that…steely responses by the Courts where the plaintiffs do not beat Calderbank offers would be in the broader public interest. [13] In these p...

10. [2015] NZEmpC 65 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 120 KB]

    ...defendant, it will be necessary for the Court to have regard to relevant background material including some, but not all, of that sought by the defendant in its notice requiring disclosure of documents. [17] As I read the judgment of the Court of Appeal in associated litigation, 4 and in respect of which an appeal was dismissed by the Supreme Court, 5 this issue has not been determined judicially. At [8] of the judgment of the Court of Appeal, however, it is recorded that: …...