Search Results

1. [2014] NZEmpC 187 Walker v Delta Community Support Trust [pdf, 187 KB]

   ...documents where the objection to disclosure is not upheld in light of the relevant principles. [11] On this occasion I have considered it appropriate to exercise the Court’s discretion to inspect the documents in issue. Although, as the Court of Appeal has warned, inspection should never occur “as a matter of automatic practice”, 2 a Judge will generally be prepared to inspect a document to decide an objection where the parties request it, in the interests of getting to th...

2. [2017] NZEmpC 23 Domingo v Suon and Heng (t-a Town and Country Food) [pdf, 178 KB]

   ...7 Minimum Wage Act 1983, s 7. 8 Employment Relations Act 2000, s 179. order, where an employer has indicated that it wishes to pursue a claim against an employee. [21] As the Court of Appeal has recently made clear, the District Court provides a party with an alternative route to securing compliance, but the more punitive option of an order under s 140(6) remains available. The primary purpose of the “plain wording” of

3. [2019] NZEnvC 107 Tonea Investments NZ Limited and Studio New Zealand Limited v Auckland Council [pdf, 16 MB]

   ...also defined in Rule 4 as: court file means a collection of documents in the custody or control of the court that relate to a civil proceeding or a criminal proceeding (including an interlocutory application associated with the proceeding) or an appeal "Document" is also defined as follows : document,- (a) in relation to a civil proceeding , - (i) means any written material in the custody or control of the court that relates to the proceeding (including any interlocutory...

4. [2020] NZEnvC 164 Trustees of the BA Freeman Family Trust v Waimakariri District Council.pdf [pdf, 581 KB]

   ...mediator then either party may make application to AMIEZ for the appointment of a mediator. Neither party is entitled to commence court proceedings until a qualified mediator has certified that mediation has taken place. [1 OJ The Trustees did not appeal the conditions of consent, nor lodge an objection to the same. A second subdivision consent (RC 155328) [11] In October 2015, the Trustees applied for a second subdivision consent. The application related to the same subdivision...

5. [2019] NZEnvC 141 SKP Incorporated v Auckland Council [pdf, 13 MB]

   ...filed affidavits of planning consultant Mr E D Wren who was the processing planner involved in some pre-application discussions with KPB and in the notification of the resource consent application, and who gave evidence before the Court on the appeals against grant of consent to the marina. [37] Mr Wren has provided the Court with a comprehensive chronology of key events, · pre-application, notification through to council hearing, and in relation to the Environment Court hearing....

6. Complaints Assessment Committee 404 v Kumandan, Kumandan v The Real Estate Agents Authority (CAC 404) [2018] NZREADT 51 [pdf, 270 KB]

   ...075/15 IN THE MATTER OF charges laid under s 91 of the Real Estate Agent’s Act 2008 BROUGHT BY COMPLAINTS ASSESSMENT COMMITTEE 404 AGAINST DELAWAR HOOSAIN KUMANDAN Defendant READT 058/16 AND IN THE MATTER OF An appeal under section 111 of the Act BETWEEN DELAWAR HOOSAIN KUMANDAN Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC404) Respondent Hearing: 25 June 2018, at Auckland Tribunal: Mr J Doogue, Deputy Chairperso...

7. LCRO 140/2021 TQ v RI (8 August 2022) [pdf, 185 KB]

   ...n 7, at [24]. 10 Application for review (7 September 2021), Step 7. 6 Nature and scope of review [25] The High Court has described a review by this Office in the following way:11 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invol...

8. Canterbury Earthquake Insurance Tribunal Annual Report 2022 to 2023 [pdf, 629 KB]

   ...stayed by the parties; 0 10 20 30 40 50 60 VERO IAG EQC EQC + Anor SR TOWER Applications accepted/settled Accepted Settled (c) two were set down for hearings; (d) two had been scheduled for settlement conferences; (e) one had been appealed to the High Court; and (f) six were in progress either awaiting evidence to be obtained by the parties, were scheduled for expert facilitation, or were scheduled for case management. [29] Considering the applications by year, the Tr...

9. [2015] NZEmpC 94 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 262 KB]

   ...the parts of the expired collective agreement carried through to the employees’ individual employment agreements based on that collective agreement. The case law turns on a number of judgments of this Court, its predecessor, and the Court of Appeal, although the last one of which was decided almost 10 years ago. Discussion of arguable case issues [27] What is the nature of the current relationship between the second plaintiffs and AFFCO? The company says that there is none unless...

10. [2013] NZEmpC 81 Brake v Grace Team Accounting Ltd [pdf, 191 KB]

    ...decision has recently been explained by the judgment of the Chief Judge in Rittson-Thomas t/a Totora Hills Farm v Davidson: 4 [48] In Simpsons Farms I said that I did not understand Parliament to have intended the principles stated by the Court of Appeal in GN Hale & Sons Ltd v Wellington Caretakers IUOW 5 to be affected when it enacted the Employment Relations Act and, in 2004, s 103A in particular. That statement may be interpreted to say that an employer only has to persuad...