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1. [2024] NZEnvC 161 Eden Epsom Residential Society Incorporated v Auckland Council [pdf, 7.2 MB]

   ...modifications identified in the decision, met the applicable statutory requirements to be approved. One member concluded that change was not compatible, even with modifications, given the site context and the AUP framework. [2] The decision was appealed to the Environment Court and proceeded to hearing in April 2022 before a differently constituted division of the Environment Court. That Court concluded that on an analysis of the key findings focus/analysis of key issues, inclu...

2. [2011] NZEmpC 106 NZ Meat Workers and Related Trades Union Inc v AFFCO NZ Ltd [pdf, 142 KB]

   ...varied orally but he submitted that acceptance of new or varied employment terms must be clear and unequivocal. Reference was made to the decision of this Court in I H Wedding & Sons Ltd v Henry, 10 and the subsequent decision of the Court of Appeal in I H Wedding & Sons Ltd v Henry. 11 That case, decided under the Employment Contracts Act 1991, involved a claim for recovery of wages. The employee had been asked to sign a new contract but had declined. The employer s...

3. [2009] NZEmpC CC 9/09 Jinkinson v Oceania Gold (NZ) Ltd [pdf, 80 KB]

   ...a contract of service. [32] The language used in that statement obviously reflects a past era. It has, however, been adopted as the basis for more recent decisions. In Nethermere (St Notts) Ltd v Gardiner [1984] ICR 612, the English Court of Appeal conducted an extensive review of authorities. After referring to the passage from the judgment of MacKenna J set out above, Stephenson LJ described this as the “irreducible minimum of obligation on each side to create a contract of s...

4. [2006] NZEmpC CC 12/06 Bayliss Sharr & Hansen v McDonald [pdf, 85 KB]

   ...spell was broken and the relationship effectively at an end. [22] The key principles to be applied in determining whether a termination of employment such as this should be regarded as a constructive dismissal are those enunciated by the Court of Appeal in Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 where, at page 172, the Court said: In such a case as this we consider that the first relevant question is wheth...

5. [2012] NZEmpC 218 NZ Airline Pilots Association v Mt Cook Airlines Ltd [pdf, 147 KB]

   ...Thompson, counsel for the defendant Judgment: 17 December 2012 JUDGMENT OF JUDGE A D FORD Introduction [1] After the hearing of this case in May 2011, the parties agreed that judgment should be deferred pending delivery of the Court of Appeal decision in Postal Workers Union of Aotearoa Incorporated and Street v New Zealand Post Limited. 1 It was considered that the decision in that case could have relevance in that it was concerned with the correct method of calculat...

6. Bayne v Ngati Rehua Ngati Wai ki Aotea Trust Board - Ngatirehua Ngatiwai ki Aotea Trust (2015) 115 Taitokerau MB 41 (115 TTK 41) [pdf, 228 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. (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. 115 Taitokerau MB 46...

7. [2015] NZEmpC 192 Lim v Meadow Mushrooms Ltd [pdf, 192 KB]

   ...which the election is made is to be sufficiently particularised so as to give full advice to both the Court and the other party of the issues involved; and  the relief sought. b) A non de novo hearing is accordingly in the nature of an appeal and the challenger/plaintiff is required to show that the Authority’s determination was wrong. 3 c) Thus, the challenger has an onus of persuading the Court of the existence of an error of fact and/or law by the Authority in its...

8. BORA Criminal Proceeds (Recovery) Bill [pdf, 437 KB]

   ...example, do these apply to economic or other non-liberty affecting penalties such as forfeiture of property? 9. This matter has not been the subject of detailed judicial consideration in New Zealand, although in Lyall v Solicitor-General[2] the Court of Appeal appears to have proceeded on the assumption that s 9 was applicable to a determination of whether tainted property should be forfeited to the Crown under the Proceeds of Crime Act 1991. 10. In the United States it has been held th...

9. NZLS 19 Mar 2013 Giving Evidence [pdf, 281 KB]

   ...evidence, a mistrial is declared for some reason and the matter has to be retried; ·· when a jury is unable to reach a decision (this is known as a “hung” jury) and the matter has to be retried; · PAGE 8 · GIVING EVIDENCE ·· when an appeal results in an order for a retrial – otherwise appeals do not usually require you to give evidence again. WHAT HAPPENS AFTER I’VE GIVEN EVIDENCE? When you have answered all the questions from both sides, your part in the proceed...

10. [2021] NZEnvC 006 Bay of Islands Maritime Park Inc v Northland Regional Council [pdf, 694 KB]

    ...KITAMAKIMAKAURAU IN THE MATTER OF BETWEEN AND [2021] NZEnvC 006 an appeal under clause 14 of Schedule 1 of the Resource Management Act 1991, and of a Declaration pursuant to section 310 of the Act, and of NES-F 2020 and jurisdiction on appeals before this Court on Topics 7, 9 and 15 BAY OF ISLANDS MARITIME PARK INCORPORATED (ENV-2019-AKL-117) CEP SERVICES MA TAUWHI LIMITED (ENV-2019-AKL-111) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV...