Search Results

1. 2023-10-17-Muaupoko-legal-subs-for-24-October-EC-hearing.pdf [pdf, 178 KB]

   ...https://www.horowhenua.govt.nz/files/assets/public/v/2/districtplan2015/ppc4/proposed-plan-change-4-tara-ika- growth-area-chapter-6a-tara-ika-objectives-and-policies-decision-version-14-june-2022.pdf Page 5 - Muaūpoko Accidental Discovery and Tikanga Protocol to be observed during site works. 12.4 All appeals on the Plan were recently settled and no appeals were taken on those statements. 12.5 The nature and extent of the Ngāti Raukawa raupatu in the early 19th century w...

2. David Bain interim report of Hon Robert Fisher QC on compensation claim [pdf, 1.1 MB]

   Robert Fisher QC INTERIM REPORT FOR MINISTER OF JUSTICE ON COMPENSATION CLAIM BY DAVID BAIN 13 December 2012 Hon Robert Lloyd Fisher QC, LL.D, FAMINZ; Bankside Chambers, Level 22, Lumley Centre, 88 Short/and Street, Auckland 1140. New Zealand. PO Box 3107, Short/and Street, Auckland 1140, New Zealand. Phone: 64-9-307 8780 Fox: 64-9-377 0997 Emalf: rf@roberrfisher.co.nz. Website: www.robertfisher.co.nz , EXECUTIVE SUMMARY ••..• � .......... . " ............ "

3. [2015] NZEmpC 35 Coy v Commissioner of Police [pdf, 592 KB]

   ...the first s 103A of the Act had yet to be enacted. The most recent and authoritative statement of the test of justification (in that case for dismissal but applicable also to disadvantage grievances) was set out in the judgment of the Court of Appeal in W & H Newspapers Ltd v Oram as follows: 7 [44] … whether it was open to the employer, acting fairly and reasonably, to have seen that [dismissal] as the appropriate response to [the employee’s] conduct. … [46] … [wh...

4. [2017] NZEnvC 090 Pierau v Auckland Council [pdf, 2.1 MB]

   ...consent application is made, on the one hand; and (b) Section 86F RMA (replacing s 19), which provides that a rule in a proposed plan must be treated as operative, and any previous rule as inoperative, if the time for making submissions or lodging appeals on the rule has expired and there have been no submissions/appeals in opposition or those submissions/appeals have been determined, 6 withdrawn or dismissed. [16] Counsel for the appellant drew our attention to some slightl...

5. [2017] NZEnvC 090 Pierau v Auckland Council [pdf, 2.1 MB]

   ...consent application is made, on the one hand; and (b) Section 86F RMA (replacing s 19), which provides that a rule in a proposed plan must be treated as operative, and any previous rule as inoperative, if the time for making submissions or lodging appeals on the rule has expired and there have been no submissions/appeals in opposition or those submissions/appeals have been determined, 6 withdrawn or dismissed. [16] Counsel for the appellant drew our attention to some slightl...

6. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore Appendix 3 Makgill [pdf, 303 KB]

   ...of the Treaty acknowledges that aboriginal title (‘the full exclusive and undisturbed possession of [Māori] Lands ...’) operates as a qualification on the Crown’s radical title.65. Accordingly, in Attorney-General v Ngati Apa 66 the Court of Appeal affirmed that the Crown’s radical title acquired on cession of sovereignty (imperium) was subject to the pre-existing rights of Māori. Sovereignty should not be conflated with absolute ownership (dominium) and the Crown’s radical ti...

7. [2020] NZEmpC 63 Southern Taxis Ltd v A Labour Inspector [pdf, 518 KB]

   ...necessary. 10 Clark v Northland Hunt Inc (2006) 4 NZELR 23 (EmpC) at [224]. 11 Three Foot Six Ltd v Bryson [2004] 2 ERNZ 526 (CA) per McGrath J dissenting, this approach being undisturbed on appeal to the Supreme Court. 12 Franix Construction Ltd v Tozer [2014] NZEmpC 159, [2014] ERNZ 347 at [44]. Analysis Common intention [73] As the Supreme Court explained in Bryson, the written and oral terms of the contra...

8. Flawn v Accident Compensation Corporation (Individual Rehabilitation Plan) [2024] NZACC 142 [pdf, 587 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 142 ACAR 125/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN AMBER FLAWN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 8 July 2024 Heard at: Invercargill/Waihōpai Appearances: P O’Sullivan for the appellant F Becroft for the respondent Judgment: 26 August 2...

9. [2017] NZEmpC 68 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 272 KB]

   ...decision-maker. Preliminary portions of that investigation can, 5 Irvines Freightlines Ltd v Cross [1993] 1 ERNZ 424. 6 Ioane v Waitakere City Council [2003] 1 ERNZ 104 (subsequently reversed on appeal in Waitakere City Council v Ioane [2004] 2 ERNZ 194 (CA), but only on the Employment Court’s approach to remedies). 7 At [24]-25]. and in many cases must, be delegated to others. But in the end, the decision- maker...

10. [2017] NZEmpC 70 Edminstin v Sanford Limited [pdf, 515 KB]

    ...universal that no person could be supposed to have entered into the agreement without looking to it as an element of the contract. 12 [45] More recently and as to evidence of custom, in Henry v London General Transport Services Ltd the UK Court of Appeal concluded: 13 … the burden of proof on custom and practice, … is upon the balance of probabilities. … Clear evidence of practice is, however, required to establish something as potentially nebulous as custom and practice,...