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1. [2020] NZEmpC 78 Alkazaz v Enterprise IT Ltd [pdf, 207 KB]

   ...party generally appears at a hearing in person, or through a representative. The ordinary way for a witness to give evidence in a civil proceeding is orally in a courtroom in the presence of the Judge, the parties and the public.2 As the Court of Appeal has made clear, there is no presumption in favour of giving evidence in the ordinary way.3 [5] The Court may allow the use of AVL in civil proceedings, including for the appearance of a party and witnesses. Before doing so, i...

2. s274-Notice-Meridian-Energy-Ltd-16.6.20.pdf [pdf, 179 KB]

   ...Email: Humphrey.tapper@meridianenergy.co.nz Note to person wishing to be a party You must lodge the original and 1 copy of this notice with the Environment Court within 15 working days after— • the period for lodging a notice of appeal ends, if the proceedings are an appeal; or • the decision to hold an inquiry, if the proceedings are an inquiry; or • the proceedings are commenced, in any other case. 4 Your right to be a party to the proceedings in the cou...

3. [2020] NZEmpC 4 Innovative Landscapes (2015) Ltd v Popkin [pdf, 137 KB]

   ...give evidence via AVL, her evidence may not be available to the Court. [4] The ordinary way for a witness to give evidence in a civil proceeding is orally in a courtroom in the presence of the Judge, the parties and the public.2 As the Court of Appeal has made clear, there is no presumption in favour of giving evidence in the ordinary way.3 The Courts (Remote Participation) Act 2010 provides for the use of AVL in civil and criminal proceedings. The criteria for allowing the use o...

4. [2022] NZEnvC 244 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 715 KB]

   IN THE ENVIRONMENT GOURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE MA TIER AND BETWEEN AND Decision No. [2022] NZEnvC 244 of the Resource Management Act 1991 of appeals pursuant to clause 14 of the First Schedule of the Act UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED (ENV-2018-CH C-56) and all other parties concerning Topic 2 to Stage 1, specifically the mapping of the Clutha River / Mata Au ONF corridor, of the Proposed Queenstown Lakes D...

5. 2024-06-24-Notice-of-Hearing-Strain-WEL.pdf [pdf, 238 KB]

   ...EC4180_NoticeOfHearing SCHEDULE OF PROCEEDINGS QLDC PDP Topic 31 (Subtopic 2 Group 3) ENV-2022-303-000011 Strain v Queenstown Lakes District Council Wakatipu Equities Limited v Queenstown Lakes District Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule...

6. Criminal legal aid assignments - information & criminal case reports

   ...appropriate listing categorisation may be assigned. Police Detention Legal Assistance (PDLA): when a legal aid provider delivers a service to a legal aid client under the PDLA scheme outside usual working hours, that provider may be assigned. Court of Appeal, Supreme Court or parole applications: clients can nominate a preferred provider. Do cases assigned under the exceptions count as rotational assignments? Cases assigned under the following exceptions will count as part of a provi...

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   3. Legal aid lawyers

7. Waikato Regional Council Plan Change 1

   Decisions of the Court [2020] NZEnvC 051 Waikato Regional Council [2020] NZEnvC 063 Wairakei Pastoral Limited Minutes of the Court 2020-10-20 Minute (ENV-2020-AKL-089) 2020-10-28 Minute 2021-07-12 Minute 2021-07-14 Minute Appeals filed ENV-2020-AKL-000083 OJI Fibre Solutions (NZ) Limited v Waikato Regional Council ENV-2020-AKL-000084 Fonterra Limited v Waikato Regional Council ENV-2020-AKL-000085 Waipa District Council v Waikato Regional Council ENV-2020-AKL-000086 Taupo District Counc...

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   1. Environment Court >
   2. Environment Court cases online

8. [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...

9. [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...

10. [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...