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1. [2008] Waikato DHB & ors v New Zealand PSA Inc AC 6/08 [pdf, 53 KB]

   ...summaries limited to advice of wage rates and other important changed terms and conditions, at the other extreme. Background [4] The following are taken from what appear to be common elements of the parties’ chronologies and the documents filed. [5] While collective bargaining with the four plaintiff district health boards (“the Midland DHBs”) for a multi-employer collective agreement (“meca”) covering PSA members in allied health positions at those boards was under way,...

2. Khan v Devi [2014] NZIACDT 84 (15 September 2014) [pdf, 203 KB]

   ...Adviser DECISION IMPOSITION OF SANCTIONS REPRESENTATION: Registrar: In person Complainant: In person Adviser: Ms S Singh, Singhs Barristers & Solicitors, Auckland. Date Issued: 15 September 2014 2 DECISION This complaint [1] This decision imposes sanctions, following a decision upholding a complaint against Ms Devi in [2014] NZIACDT 29. [2] The complaint was that Ms Devi did not deal with the complaina

3. [2018] NZEmpC 87 Jacks Hardware and Timber Ltd v First Union Inc [pdf, 382 KB]

   ...would arise other than incidentally.4 On 1 July 2015, the Authority removed the matter to the Court under s 178 of the Act. On 17 December 2015, the Court issued a judgment that Jacks Hardware’s objection to the inclusion of a remuneration clause in the intended collective agreement was not a genuine ground for not entering into an agreement and was not one based on reasonable grounds.5 [5] The Authority recorded having been ordered by the Court to accept the union’s applic...

4. [2019] NZEnvC 035 Taylor v Small [pdf, 269 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 35 of the Resource Management Act 1991 of an application for enforcement orders pursuant to s 316 of the Act WILLIAM PETER TAYLOR, SUSAN MARY TAYLOR, SCOTT KERRY JACKSON, SARAH ANNE JACKSON, RICHARD DONALD JOHNSTON, RACHEL ELIZABETH JOHNSTON (ENV-2018-AKL-068) Applicants GEOFFREY CLEMMENT SMALL, ARIA SMALL Respondents Court: Environment Ju

5. Boon v McQueen - Waiwhakaata 3E6 Section 4B2 (2021) 214 Waikato Maniapoto MB 1 (214 WMN 1) [pdf, 236 KB]

   ...ORMSBY and Ngā kaitono Applicants ME And WARREN DOUGLAS MCQUEEN and LEO MCQUEEN Ngā kaiurupare Respondents Nohoanga: Hearing 10 March 2020, 203 Waikato Maniapoto MB 73-81 22 July 2020, 207 Waikato Maniapoto MB 249-275 6 October 2020, 211 Waikato Maniapoto MB 199-232 (Heard at Hamilton) Whakataunga: Judgment date 28 January 2021 TE WHAKATAUNGA Ā KAIWHAKAWĀ D H STONE Judgment of D H Stone 214 Waik...

6. Te Toki – Hako Hauraki (2013) 2013 Chief Judge’s MB 456 (2013 CJ 456) [pdf, 103 KB]

   ...Anderson and John Linstead as negotiators to represent their tribal interests in the Hauraki area mai Matakana ki Matakana in Treaty settlement negotiations with the Crown and in collective negotiations as part of the Hauraki Collective.2 [8] Clause 2 of the Deed of Mandate describes Ngāti Hako as follows; Ngāti Hako is one of the earliest inhabitants of the Hauraki rohe and traces its origins from Toi- Te-Huatahi. Many of the modern tribes of Hauraki whakapapa and have strong his...

7. Liufau v Letalu [2014] NZIACDT 92 (18 September 2014) [pdf, 174 KB]

   ...agreement and his conduct lacked due care and diligence. [3] The Tribunal upheld the complaint and found Mr Letalu failed to meet minimum professional standards in that he failed to commence the professional relationship in accordance with clause 1.5 of the Code of Conduct (2010). Additionally, his failure to act expeditiously breached the dues of care and diligence set out in clause 1.1 of the Code. [4] The full circumstances are set out in the substantive decision. The Parties’ Po...

8. LF & AS v NJ [2023] NZDT 36 (10 February 2023) [pdf, 141 KB]

   ...elsewhere, she was keen to ensure she had some better protection from being given short notice. After discussion with NJ about her need for better protection, AS and NJ agreed on wording for the House Sharing Agreement. 3. The Agreement contained Clause 5 “This agreement can be terminated by 21 days’ notice given by AS or LF in writing or 21 day’s notice given by NJ in writing to either AS or LF if there are issues that NJ believes and has stated in writing to be anti-social or u...

9. Brown v Accident Compensation Corporation (Leave to appeal to the High Court) [2023 NZACC 204] [pdf, 252 KB]

   ...contained the following errors of law: (a) He submits that the outcome of ACC’s calculation of earnings was not reasonable, given the facts. The calculation was unreasonably influenced by the previous period of incapacity. In indicating that clause 31 must apply before s 15(3) can apply, the judgment was wrong in law. Mr Hinchcliff refers to Bartrom Estate v Accident Compensation Corporation.3 (b) He submits that the Judge was wrong to rely on Kacem v Bashier4 in finding th...

10. [2024] NZEnvC 053 Peacocke South Limited v Hamilton City Council [pdf, 7.4 MB]

    Peacocke South Limited v Hamilton City Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 053 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN PEACOCKE SOUTH LIMITED (ENV-2023-AKL-000047) Appellant AND HAMILTON CITY OUNCIL Respondent Court: Alternate Environment Judge L J Newhook sitting alone under s 279 of the Act Last case ev