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1. [2019] NZEnvC 109 Ngati Pukenga ki Pakikaikutu v Heritage NZ Pouhere Taonga [pdf, 6.8 MB]

   ...morning of the hearing that Dr Kahotea was overseas on holiday. There was some uncertainty as to when he would return and be available. [13] We record that Mr Parata sought an adjournment until Dr Kahotea could appear. Heritage NZ opposed that request on the basis that there had been difficulty with getting evidence before the Court and also recognizing Ms Scott's situation - in terms of waiting to develop the property. Mr Tuato'o also opposed the request citing further de...

2. [2022] NZEmpC 194 Enterprise Motor Group (New Lynn) Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment [pdf, 267 KB]

   ...of the orders meant that there were occasions when pragmatic and commercially realistic conclusions needed to be reached, so long as each hour was paid for at not less than the minimum rate. [45] An example was used to illustrate that some forms of averaging are permissible. Mr Wicks described an employee paid fortnightly under the Minimum Wage Order 2015. In his example the employee must receive at least $1,180 per fortnight plus $14.75 per hour for each hour exceeding 80 w...

3. [2015] NZEmpC 204 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 533 KB]

   ...as well as requests for extra time for consideration. For example: 19.1 At the interim injunction hearing it agreed to allow all Union members at Rangiuru extra time for consideration of the IEA; and 19.2 A small number of others also requested further time, which was granted and some requested being able to start later which was also granted; 19.3 Five people were granted a travel allowance at their request; 19.4 A person was granted their request not to work M...

4. Auckland Standards Committee v Eteuati [2009] NZLCDT 17 [pdf, 81 KB]

   ...[a] Mrs Eteuati has until recently held a practicing certificate as barrister sole issued under the Law Practitioners Act 1980; [b] In about May of 2007 or even earlier if one refers to Mrs Eteuati’s indication today the complainant Mrs B requested Mrs Eteuati to accept instructions in respect of an appeal against an accident compensation decision; [c] Having indicated, at an earlier time to the client that it was not within her particular area of expertise, the client appar...

5. [2012] NZEmpC 111 Edwards v Two Degrees Mobile Ltd and anor [pdf, 90 KB]

   ...defendant. 5 [11] The defendant, by contrast, takes the view that the company has entered into a new era and the skills and abilities that the plaintiff has exhibited are no longer necessary and that his position is surplus because his role can be performed by others. It goes further and says that his presence in the company at present is causing confusion amongst staff and may lead to some disruption. It maintains that there is at present no work for him. It is not possible t...

6. U v Tangilanu [2015] NZIACDT 35 (23 March 2015) [pdf, 135 KB]

   ...make submissions and respond to any submissions from the other parties. [23] Any application for an order for the payment of costs or expenses under section 51(1)(g) should be accompanied by a schedule particularising the amounts and basis for the claim. [24] The Registrar is requested to report on the extent to which Ms Tangilanu has complied with previous orders the Tribunal has imposed in respect of sanctions, and the steps she has taken to enforce the orders. Timetable [25] Th...

7. Youth Court - 10 myths & misunderstandings about family group conferences (FGCs) [pdf, 165 KB]

   ...other reasons to do so eg care and protection). Around 70% of cases will be resolved without an FGC occurring: 26% will result in warnings from the Police, and 43% will result in the Police using what is called “alternative action” - which is a formal, community-based diversion process. It can include things like informal community work, counselling, agreements to pay reparation, apology letters, maintenance of school attendance, or completion of an assignment about the effects of of...

8. Davis - Tapuwae 1B and 4 Incorporation (2005) 102 Whangārei MB 206 (102 WH 206) [pdf, 363 KB]

   ...Thompson provided responses to those allegations. I reserved my judgment on that day. There has been no need to rush the issue of this judgment as the applicant has indicated that he no longer recognises the jurisdiction of the Maori Land Court. Request for Dismissal of Application On 16 November 2004, the Court received a letter from the applicant indicating that members of the Ngaitupoto Hapu had meet and resolved to "remove the jurisdiction of the Maori Land Court from the...

9. [2020] NZSSAA 7 (30 April 2020) [pdf, 133 KB]

   ...is obvious, and an example of the potential social harm is provided by the facts of this case. 2 Hennessy v Attorney-General [2019] NZHRRT 4. 3 At [14]. Recommendation [24] We request that the Chief Executive consider the effect of section 71A on persons who are entitled to ACC payments received for loss of work or work opportunities they had while receiving a benefit. We request that the Chief Executive notify the Mi...

10. [2020] NZEnvC 118 Thi Lan Anh Tran trading as Hanoi Vietnam Cafe v City Rail Link Limited [pdf, 189 KB]

    ...of Requirement concerned amendments sought to be made to one designation within a suite of 6. [2] The present application under s294 was lodged in mid-June 2020 and amended (mainly added to) on 8 July. [3] The later version of the application requests that Judge Newhook's successor as head of the Court, Judge DA Kirkpatrick, consider the present application. [4] Chief Environment Judge Kirkpatrick is aware of the application, but exercising his powers under s251 (2) RMA has d...