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1. [2021] NZEnvC 131 Wilson v Waikato Regional Council [pdf, 1.4 MB]

   ...Biosecurity Management Plan”. 4 Treaty of Waitangi. <l N A • 0 Mercury Bay 0 0.5 1 2 km I I I I I I I I I 6 settlement entity of Ngāti Hei.5 Ngāti Hei are tangata whenua and tangata moana for Te Whanganui o Hei. [4] As the appealed decision describes, the farm would occupy 30ha, and be split into three 10ha blocks (i.e. approximately 30ha occupied in total).6 Water depth there is some 20-25m. Each block would comprise: Longlines, culture ropes, d...

2. [2012] NZEmpC 129 Liu v South Pacific Timber (1990) Ltd [pdf, 121 KB]

   ...application is to be dealt with “as nearly as may be practicable” in accordance with the procedure provided for in the High Court Rules. 7 In New Zealand Fire Service Commission v New Zealand Professional Firefighters’ Union Inc 8 the Court of Appeal held that the Employment Court was required to approach strike out applications (which similarly have no express statutory basis in the Act) on the same basis as the High Court does. 9 [9] Rule 5.45(2) of the High Court Rules...

3. [2009] NZEmpC WC 26/09 Parker v Silver Fern Farms Ltd [pdf, 47 KB]

   ...determination in this case relating to the company’s drugs and alcohol policy. Next, it says that the substance found in Mr Parker’s car (said to be cannabis but now the subject of dispute by Mr Parker) has been destroyed after the expiry of the appeal period. It says that key witnesses have changed jobs and vocations. It says that there would be material disputes of facts dating back to the period between October and December 2007 and that accurate recollections of this time a...

4. [2006] NZEmpC WC 22/06 South Taranaki Free Kindergarten Association v McLennan [pdf, 59 KB]

   ...mediation in respect of employment relationship problems. The award for lost wages was from the date of dismissal until the date of reinstatement. [3] Both parties accept the substantive determination of the Authority, however STKA has appealed against the remedies and in particular the order for reinstatement. The non-de novo hearing was restricted to those two matters. [4] Although it was argued for STKA that the Employment Relations Authority did not correctly dec...

5. Joe Atama Adams Pomare Whānau Trust v Adams - Waiaua A1C (2014) 93 Taitokerau MB 253 (93 TTK 253) [pdf, 190 KB]

   ...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 of this Act or an appeal under Part 2 of this Act relates. 93 Taitokerau MB 256 (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....

6. Procter - Horowhenua 11 (2012) 293 Aotea MB 165 (293 AOT 165) [pdf, 160 KB]

   ...239 applies to “all trusts” over Māori land. It is a fact that trustees were appointed to this land in the late nineteenth century. It is also a fact that they have been replaced on several occasions by the Court. I am not aware of any appeals or applications for rehearing or judicial review being filed in respect of those appointments. I am therefore satisfied that this Court does possess the necessary jurisdiction to appoint trustees. 293 Aotea MB 168 Was the...

7. [2015] NZEmpC 232 Bidvest New Zealand Limited v FIRST Union Inc reasons for interlocutory [pdf, 132 KB]

   ...defendant contends, or not, as is the Union’s position. [9] Whether employees are employed in providing services to an essential service is a question of fact and degree in any particular case. 3 Cunningham Construction, a judgment of the Court of Appeal, was decided under a materially similar provision of the Labour Relations Act 1987. Because an employee is not engaged as such by the direct provider of essential services does not mean that an essential services notice does no...

8. [2016] NZEmpC 34 Advance International Cleaning Systems NZ Limited v Hamilton [pdf, 160 KB]

   ...an extension of time which would defeat the purpose of the rules which is to provide a time table for the conduct of litigation. [12] I also have regard to the general principle summarised by Richmond J in Avery v No 2 Public Service Appeal Board [1973] 2 NZLR 86 (CA) at p 91: When once an appellant allows the time for appealing to go by then his position suffers a radical change. Whereas previously he was in a position to appeal as of right, he now becomes an applica...

9. Sufi v Department of Labour [2012] NZHRRT 6 [pdf, 65 KB]

   ...9 March 2012. [10] By email dated 28 February 2012 the plaintiff replied: i am happy with the case i put forwared, so i am happy that my case be deal in papers, and i dont have any wish for a lawer. [11] It is against this background that the appeal is now determined on the papers. The plaintiff’s immigration history [12] According to the affidavit by Ms Willson, the plaintiff first arrived in New Zealand from Pakistan on 30 March 1999. On arrival he was granted a student permit...

10. CAC304 v Drever [2016] NZREADT 27 [pdf, 163 KB]

    ...frame the charge in this way. It referred the Tribunal to the decision of Duncan v Medical Practitioner’s Disciplinary Committee [1986] 1 NZLR 537 which provides authority for the way in which the charge has been drafted. In this case the Court of Appeal held that it was possible to frame a charge as a group of particulars on a variety of different matters which could collectively amount to disgraceful conduct. The Court of Appeal held that it may be important that the appropriate pro...