Search Results

1. [2017] NZEmpC 87 Below v The Salvation Army New Zealand Trust [pdf, 259 KB]

   ...Conditions of Employment Act 1977, an employee was one who performed services in return for remuneration, which was not the position of student teachers; and that the position was not very different from that discussed by the English Court of Appeal in Wynn. Other decisions were referred to, which it was submitted, were broadly to similar effect: Teen Ranch Pty Ltd v Brown; 12 Caccippoli v Board of Trustees of Edmond Hillary School; 13 Vegar v Albany Students’ Association;...

2. [2021] NZEnvC 027 Director-General of Conservation v Taranaki Regional Council [pdf, 1.8 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOTI TAIAO O AOTEAROA KI TAMAia MAKAURAU Decision No. [2021] NZEnvC 27 IN THE MATIER of six appeals under s 120 and/ or s 174 of the Resource Management Act 1991 for Mount Messenger Bypass proposed State Highway 3 between Uruti and Ahititi, North Taranaki BETWEEN DIRECTOR-GENERAL OF CONSERVATION AND AND AND AND AND (ENV-2019-WLG-000003) (ENV-2019-WLG-000004) TE RUNANGA O NGATI TAMA TRUST (ENV-2019-WLG-000005)...

3. Harris & Ors as Trustees of the Estuary Trust v Veltman [2010] NZWHT Auckland 19 [pdf, 231 KB]

   ...no duty on purchasers to obtain a pre- purchase inspection and accordingly the allegation of contributory negligence for failure to do so could not be made out. [42] The conclusions by both Venning J and Heath J were not questioned in the appeals to the Court of Appeal. William Young P in the appeal decision on Sunset Terraces states at [166]: “... And I also think, it will be a rare case indeed where the significance of the opportunity for intermediate inspection breaks...

4. Cotter v Cotter - Tutaekuri B13 [2019] Chief Judge's MB 951 (2019 CJ 951) [pdf, 471 KB]

   ...MB 516-575 (2019 CJ 516-575). 8 Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209). 9 Tau v Nga Whānau O Morven and Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2019 Chief Judge’s MB 964 (a) Whether there was a mistake in the presentation of facts to the Court; and (b) If so, is it necessary in the interests of justice to remedy the mistake or omission. Was there a mistake or om...

5. [2020] NZEnvC 103 Taranaki Energy Watch Inc v South Taranaki District Council [pdf, 1.2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: IN THE MATTER AND BETWEEN AND Decision No [2020] NZEnvC 103 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act TARANAKI ENERGY WATCH INCORPORATED (ENV-2016-WLG-80) Appellant SOUTH TARANAKI DISTRICT COUNCIL Respondent Environment Judge J E Borthwick Environment Commissioner J A Hodges Environment Commissioner J T Baines In Chambers at...

6. [2020] NZEnvC 018 Taranaki Energy Watch Incorporated v South Taranaki District Council [pdf, 5.4 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No [2020] NZEnvC 18 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act TARANAKI ENERGY WATCH INCORPORATED (ENV-2016-WLG-80) Appellant SOUTH TARANAKI DISTRICT COUNCIL Respondent Environment Judge J E Borthwick Environment Commissioner J A Hodges Environment Commissioner J T Baines...

7. [2019] NZEnvC 049 Haines House Haulage Northland v Whangarei District Council [pdf, 3.5 MB]

   ...Commissioner appointed for the Whangarei District Council. This decision refused an application to use a property at 31 and 40 Piano Hill Road, Whangarei for temporary storage of relocatable houses and related ancillary activities. [2] The decision was appealed by Haines House Haulage Northland Limited (HHH). As a result of negotiations and mediation the Council supported a modified proposal before this Court at hearing. The Council planner called to give evidenc~ at the hearing had...

8. Statistical bulletin: An overview of conviction and sentencing statistics in New Zealand 1998 to 2007 [pdf, 2.4 MB]

   ...justice system. The shaded area defines the scope of this summary report. Charge flow through the criminal justice process 3 1 The data used in this report was extracted from the Justice Data Warehouse on 15 August 2008. 2 www.stats.govt.nz/products-and-services/table-builder/ 3 This diagram does not include appeal or review processes. Discharge without conviction Conviction Sentence? Youth Court ‘proved’ Youth Court order or other disposition YEs NO NO Deferment Conv...

9. [2007] NZEmpC CC 22/07 NZ Amalgamated Engineering Printing & Manufacturing Union v Air Nelson Ltd [pdf, 54 KB]

   ...find this description includes line maintenance. Previous cases [16] The principal decision on which both parties relied is that of the full Court in Finau & Ors v Southward Engineering Company Limited WC 17/07, 25 July 2007. Leave to appeal that decision has been sought and the application for leave was heard by the Court of Appeal on 15 October 2007. Mr Wilton, who was also counsel in Finau, told us that at the conclusion of that hearing the presiding Justice intimated t...

10. [2012] NZEmpC 38 Munro v Hibiscus Coast Security [pdf, 112 KB]

    ...the proposal to suspend him prior to that decision being made. Constructive dismissal? [23] The plaintiff submits that the circumstances of the present case were within the third category of constructive dismissal identified by the Court of Appeal in Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd, 7 namely where a breach of duty by the employer leads an employee to resign. Counsel submitted that there was a breach of the employer’s obligation not to act in a ma...