Search Results

1. [2011] NZEmpC 145 Te Runanga O Kirikiriroa Trust Incorporated v Allen [pdf, 84 KB]

   ...that this Court exercise its powers under cl 12(1) of sch 3 to the Employment Relations Act 2000 (the Act) to make an order prohibiting publication of the allegedly objectionable parts of the Authority’s determination of 20 October 2010. [5] Clause 12(1) of sch 3 to the Act states: 12 Power to prohibit publication (1) In any proceedings the court may order that all or any part of any evidence given or pleadings filed or the name of any party or witness or other person not be...

2. [2007] NZEmpC AC 9/07 NZ Tramways and Public Passenger Transport Employees Union & Anor v Transport Auckland and Cityline (NZ) Ltd [pdf, 21 KB]

   ...costs and submits costs should lie where they fall. NZCTU was also granted leave to appear and be heard in these proceedings. It chose to be represented by the plaintiffs’ counsel. [3] The Court has jurisdiction to deal with costs pursuant to clause 19 of schedule 3 of the Employment Relations Act 2000. This provides: 19 Power to award costs (1) The Court in any proceedings may order any party to pay to any other party such costs and expenses (including expenses of witne...

3. Director-General of Conservation 100 [pdf, 155 KB]

   ...PROCEEDINGS BY THE DIRECTOR-GENERAL OF CONSERVATION Dated: 29 September 2020 Department of Conservation Solicitor/Counsel acting: V Tumai/ D van Mierlo Email: vtumai@doc.govt.nz / dean@environmentalbarrister.co.nz Telephone: 027 536 6862 / 03 7311070 mailto:vtumai@doc.govt.nz mailto:dean@environmentalbarrister.co.nz Notice of person’s wish to be a party to proceedings Section 274 Resource Management Act 1991 To: The Registrar Environment Court AUCKL...

4. C Ltd v KQ [2022] NZDT 1 (14 March 2022) [pdf, 106 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 1 APPLICANT C Ltd RESPONDENT KQ The Tribunal orders: KQ is to pay $2,500.00 to C Ltd by 3 April 2022. Reasons Is KQ liable for the insurance excess? 1. KQ contracted with C Ltd for staging of a house she was selling. Unfortunately goods supplied for the purpose were stolen during the staging. C

5. BORA - Te Pire Whakahoki i a Kororipo Pa/Kororipo Pā Vesting Bill [pdf, 144 KB]

   ...the historical claims of Ngãpuhi, so other people who are excluded from the entitlements under the Bill are not in comparable circumstances for the purposes of discrimination. Whether the right in s27(21to apply for iudicial review is engaged 9. Clause 1-0 of the Bill provides 10 Jurisdiction of courts, etc, removed (1) Despite any other legislation or rule of law, on and from the vesting date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to i...

6. 2021-04-07 - ORC - legal submissions - scope [pdf, 266 KB]

   ...Plan Change 7: Case Management Directions dated 31 March 2021 . Legal Submissions of Counsel for the Otago Regional Council dated 8 March 2021 from [19]. RMA, s 149U(6)(a)-(b). In accordance with clause 10(1) of Schedule 1 of the RMA. 2 5 Section 149E(1) of the RMA provides that, when a matter is called in under section 142(2) and publicly notified under section 149C, any person may make a submission "about" the matter to the Environmental Protection Authority (EPA...

7. [2016] NZEnvC 153 Auckland Council [pdf, 244 KB]

   BEFORE THE ENVIRONMENT COURT Court: Decision [2016] NZEnvC 153 IN THE MATTER of the Local Government (Auckland APPLICANT Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) AUCKLAND COUNCIL (ENV-20 16-AKL -000171 ) Principal Environment Judge LJ Newhook Environment Judge M Harland Date of Decision: 17 August 2016, on the papers DECISION OF THE ENVIRONMENT COURT ON EX PARTE APPLICATION FOR WAIVERS I DIRECTIONS A: The application is

8. [2018] NZEnvC 134 Director General of Conservation v Invercargill City Council [pdf, 1.3 MB]

   ...Hearing: in Chambers at Christchurch Final submissions received 8 August 2018 Date of Decision: 14 August 2018 Date of Issue: 14 August 2018 FINAL DECISION DGC and RF&B v Invercargill City Council - FINAL DECISION 2 A: Under clause 15(2) of the First Schedule to the Resource Management Act 1991 the court directs that the definition of "Indigenous Vegetation" in the proposed Invercargill District Plan be amended to read: Indigenous vegetation means vegetation c...

9. [2023] NZEmpC 64 Whangamata Golf Club Inc v Harwood [pdf, 261 KB]

   ...meaning the club did not give reasonable notice, nor ensure all reasonable alternatives had been exhausted prior to termination.3 [3] The club was ordered to pay Mr Harwood remedies for his personal grievance. He was awarded compensation of $15,000 under s 123(1)(c)(i) of the Act and reimbursement of two months’ wages less monies earned in that period under s 123(1)(b). The Authority dismissed Mr Harwood’s application for a penalty against the club for breach of duty of good...

10. DK v B Ltd [2024] NZDT 293 (22 May 2024) [pdf, 125 KB]

    ...principles of the law of contract apply. A contract is an agreement that the parties intend to be legally bound by. In this case the contract of insurance is a detailed written document. The dispute essentially involves an interpretation of the relevant clauses of the contract. 5. The contract says that emergency dental treatment will be covered if it is for the relief of sudden and acute pain, or as a result of damage to sound and natural teeth caused by injury. DK took exception to t...