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1. [2017] NZEmpC 13 Lewis v Immigration Guru Ltd [pdf, 105 KB]

   ...1 In that determination, her claims against the respondent that she had been subjected to racial discrimination and unjustifiable disadvantage were dismissed. She was also held not to have been unjustifiably dismissed. A 90-day trial period clause contained in her employment agreement was held to be valid. [2] Under s 179(2) of the Employment Relations Act 2000 (the Act) any challenge must be filed within 28 days of the date of the determination. This period expired in this...

2. [2006] NZEmpC AC 55/06 Downey v NZ Greyhound Racing Assoc Inc [pdf, 80 KB]

   ...employee. It provides that he is not to represent to any third party that he is anything other than an independent contractor. Mr Downey (referred to throughout as “the contractor”), was required to insert his GST number next to his name in Clause 1 of the agreement. This has not been inserted in the photocopy of what I surmise to be the signed original, which is contained in the agreed bundle of documents. However, I shall deal with tax issues more fully shortly. [14] The s...

3. [2019] NZEnvC 149 Middleton Family Trust v Queenstown Lakes District Council [pdf, 12 MB]

   ...of the further submissions and evidence fi led in February 2019. Background [4] The Society sought to become a party to the appeal by Middleton Family Trust ('the Trust') under s274(1)(d) RMA (since it had not made a submission). [5] The s27 4 notice was fi led out of time so it was accompanied by an application for waiver pursuant to s281 RMA. In an Interim Decision ,2 the court found that it would be appropriate to grant the waiver application if the Society was able t...

4. DG v YT Ltd [2014] NZDT 566 (19 May 2014) [pdf, 157 KB]

   ...truck, and their car suffered damage of over $8,000.00. [3] The DGs sought cover for this loss under their policy with YT. However, YT declined cover on the grounds that BB was in breach of her licence conditions at the time of the collision. Clause 4 of the policy excludes cover in these circumstances. However, the DGs consider that, despite clause 4, s11 of the Insurance Law Reform Act 1977 entitles them to cover on the grounds that BB’s breach was not the cause of the loss....

5. Mercury NZ Limited 94.pdf [pdf, 159 KB]

   ...wish to be party to proceeding Dated: 28 September 2020 REFERENCE: Catherine Somerville-Frost (catherine.somerville-frost@chapmantripp.com) Alana Lampitt (alana.lampitt@chapmantripp.com) chapmantripp.com T +64 9 357 9000 F +64 9 357 9099 PO Box 2206 Auckland 1140 New Zealand Auckland Wellington Christchurch In the Environment Court of New Zealand at Auckland I mua i te Kōti Taiao o Aotearoa I te rohe o Tāmaki Makaurau ENV-...

6. [2021] NZEnvC 029 Darby Planning Ltd Partnership v Queenstown Lakes District Council [pdf, 884 KB]

   ...Court: Hearing: Decision No. [2021] NZEnvC 29 IN THE Ivlf\ TIER of the Resource :tvfanagement Act 1991 AND of appeals under clause 14 of the First Schedule of the Act BET\X!EEN DARBY PLANNING LIMITED PARTNERSHIP AND (ENV-2018-CH C-150) and all other appellants concerning Topic 1 of Stage l of the Proposed Queenstown Lakes District Plan (as set out in the Schedule attached) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M Hassan En

7. [2020] NZREADT 37 - Eade v Real Estate Agents Authority (25 August 2020) [pdf, 335 KB]

   ...sale, amendments to the general terms of sale, further terms of sale, and a purchaser guarantee. A pre-contract disclosure statement and draft initial body corporate budget were included with the agreement. [19] The agreement contained several clauses which allowed the developer to make changes to the property. The agreement also contained the following “disclaimers” (In Schedule 2 “Outline Specifications) While the developer will use its reasonable endeavours to ensure tha...

8. [2021] NZEnvC 106 Rangitane o Tamaki Nui a Rua Incorporated v Manawatu-Wanganui Regional Council [pdf, 861 KB]

   ...WHANGANUI-A-TARA Decision No. [2021] NZEnvC 106 IN THE MATTER OF appeals under s 120 of the Resource Management Act 1991 BETWEEN RANGITĀNE O TAMAKI NUI Ā RUA INCORPORATED (ENV-2018-WLG-000034) TARARUA DISTRICT COUNCIL (ENV-2018-WLG-000035) Appellants AND MANAWATU-WANGANUI REGIONAL COUNCIL Respondent AND TARARUA DISTRICT COUNCIL Applicant Court: Environment Judge B P Dwyer Environment Commissioner J A Hodges Hearing: On the papers Last case event: Second...

9. [2015] NZEmpC 88 Merennage v Ritchies Transport Holdings Ltd [pdf, 75 KB]

   KEERITIHI MERENNAGE v RITCHIES TRANSPORT HOLDINGS LIMITED NZEmpC AUCKLAND [2015] NZEmpC 88 [11 June 2015] IN THE EMPLOYMENT COURT AUCKLAND [2015] NZEmpC 88 EMPC 287/2014 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN KEERITIHI MERENNAGE Plaintiff AND RITCHIES TRANSPORT HOLDINGS LIMITED Defendant EMPC 288/2014 IN THE MATTER OF a challenge to a determination of the Empl

10. BORA Taxation (Annual Rates, Returns Filing, and Remedial Matters) Bill [pdf, 191 KB]

    ...LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: TAXATION (ANNUAL RATES, RETURNS FILING, AND REMEDIAL MATTERS) BILL 1. We have considered whether the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Bill (IRD 15465/1.4) (“the Bill”) is consistent with the New Zealand Bill of Rights Act 1990 (“Bill of Rights Act”). We understand that the Bill is likely to be considered by Cabinet on Monday, 5 September 2011. 2. The Bill is subject to further a...