Search Results

1. [2019] NZEmpC 153 Savage v Wai Shing Ltd [pdf, 545 KB]

   ...This would include cutting and clearing unwanted plants down to ground level, then applying a weed killer. The second aspect of the job was to use a knapsack sprayer to spray smaller unwanted plant species. Mr Savage was directed to wear protective clothing. It was stated that there was no requirement for him to attend the company’s office or come onto company property outside of normal working hours. [38] There is a dispute between the parties as to how long he woul...

2. [2020] NZEmpC 222 Flashoff v New Zealand Technology Group Hawkes Bay Ltd [pdf, 311 KB]

   HAIG DAVID CHARLES FLASHOFF v NEW ZEALAND TECHNOLOGY GROUP HAWKES BAY LIMITED [2020] NZEmpC 222 [9 December 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2020] NZEmpC 222 EMPC 319/2020 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN HAIG DAVID CHARLES FLASHOFF First Plaintiff AND DONALD PETER PRICE Second Plaintiff AND RAYMON

3. [2011] NZEmpC 96 Snowdon v Radio New Zealand Ltd [pdf, 177 KB]

   ...that the plaintiff had consulted her on 6 July 2011 as symptoms of the depression and PTSD from which she had suffered in the past were returning. It further stated that her current unwellness was caused by a combination of stress associated with caring for a much loved terminally ill mother and the impending Court case. In deference to the plaintiff’s current state of health, and because her mother may only have months to live, Dr Sawrey respectfully suggested that the hearing b...

4. Leef v Leef - Panguru A47B (2015) 113 Taitokerau MB 11 (113 TTK 11) [pdf, 250 KB]

   ...“PVC reservoir and sanitary sewerage disposal unit, septic tank and soakage fields and connection pipes to the building is excluded from the sale” (sic). These were to be left in the land. Other clauses addressed the fact that Robert was to take care of all permits etc for removal of the house and was to be responsible for protecting other improvements on the land. [29] Robert paid the purchase price but did not remove the house. It remains there today. Instead, Robert say...

5. [2016] NZEmpC 36 Western Bay of Plenty DHB v McInnes [pdf, 155 KB]

   ...expenditure of rate payer funds. The Council also submits that if Mr McInnes is reinstated on an interim basis a contractor will almost certainly leave, and need to be replaced, and that there is a risk that Mr Wheeler will resign. [73] I have carefully considered the position in relation to the potential effect on third parties, including the potential impact on Mr McInnes’ family if they are required to move out of the ranger house. That has not been assisted by the paucit...

6. E17 Geraint Bermingham - Navigation - EIC - Applicant [pdf, 781 KB]

   ...USE 6.1 The Proposal is situated in Freemans Bay. This is a relatively exposed area open to the northerly quarter, and to some extent the north-east wind and wake from passing marine traffic, resulting in the need to construct breakwaters to protect the race boat berthing areas. The exposed aspects resulting from this wind and wake also means that the only areas of sheltered water are those created by the proposed and existing breakwaters, and so only a limited number of recreat...

7. [2021] NZEnvC 018 Hadley v Waterfall Park Developments Limited [pdf, 1.5 MB]

   ...and their vulnerability to change, and seeks to give priority to maintaining and enhancing that character and values. That is to be achieved through the related rules as to including activity classifications. The rules are intended to allow for careful scrutiny and control of not only subdivision and development, but also the undertaking of day-to-day land uses and activities. That can include the planting of vegetation, as signalled in Pol 24.2.1.6. [47] For "Farming Activity&...

8. 1 Cab paper Repeal of three strikes law Redacted [pdf, 1.5 MB]

   ...been mitigating circumstances for the offending, such as mental health issues.6 16 Judicial discretion is important to allow for consideration of the individual circumstances of the case. The Courts already have a range of measures available to protect the public from people who commit serious violent offences. These include: 16.1 preventive detention – an indeterminate prison sentence that allows for parole to be granted only when a person ceases to be an undue risk to the communi...

9. BD & ND v Southern Response Earthquakes Services Ltd [2022] CEIT-2020-0015 [pdf, 381 KB]

   ...led to water pooling under the house and soaking into leaves which have accumulated. I note the under-floor photos show moisture having soaked into the timber of the piles. The building code requires that enclosed and subfloor spaces should be protected from the ingress and collection of moisture. This is to prevent increased moisture levels in the subfloor and the damage which collected moisture can cause to building elements. [25] It was agreed by the experts, John Aronis, fo...

10. Court-Remote-Participation-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

    ...testimony of other witnesses before giving evidence themselves. 31 For victim witnesses, I consider that the statutory criteria in the Evidence Act for giving their evidence remotely should remain. These criteria achieve an appropriate balance between protecting vulnerable witnesses from further trauma and the fair trial rights of defendants. 32 The ability to remotely observe criminal trials and sentencing will also need to be conditional upon victims agreeing to comply with court requi...