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1. LCRO 100/2020 FT v D and O CM (9 June 2020) [pdf, 177 KB]

   ...In the absence of proof to the contrary, service of the Committee’s decision is presumed to have occurred on the fifth working day after it is made, given or performed or exercised.1 1 Lawyers and Conveyancers Act 2006, s 198(b). 2 [5] In order to comply with the statutory timeframe prescribed for filing a review application, Mr FT was required to file his review application on or before 5 PM on Wednesday 27 May 2020. [6] Mr FT’s application was clearly filed out of tim...

2. Transcript of PC8 Urban Provisions - Complete [pdf, 1.3 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CHC-128 IN THE MATTER OF the Resource Management Act 1991 of a notice of motion under section 149T(2) to decide proposed Plan Change 8 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the environment under section 142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 21 March 2022 held in Courtroom 13 Court: Envir

3. [2022] NZEnvC 058 Barnhill Corporate Trustee v Queenstown Lakes District Council [pdf, 995 KB]

   QTN PDP – TOPICS 25 AND 30 RE WAKATIPU BASIN TEXT – INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 58 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN BARNHILL CORPORATE TRUSTEE LIMITED and all other appellants concerning Topics 25 and 30 of Stage 2 of the proposed Queenstown Lakes District Plan (ENV-2019-CHC-086) Appel

4. Auckland Standards Committee v Hylan [2014] NZLCDT 3 [pdf, 202 KB]

   ...S) has been solely responsible for meeting the financial needs of the children.”33 We question why Mr Hylan says that the matrimonial arrangements were prospective given the clear words in the Agreement. [106] On the basis of particular clauses, as well as the tenor of the Agreement when taken as a whole, the Tribunal does not accept that a reasonable interpretation is that this is a prospective arrangement. It is what it says, a Separation, Parenting and Maintenance Agreem...

5. [2016] NZEmpC 123 Henderson v Nelson Marlborough District Health Board [pdf, 229 KB]

   ROBYN ELIZABETH HENDERSON v NELSON MARLBOROUGH DISTRICT HEALTH BOARD NZEmpC CHRISTCHURCH [2016] NZEmpC 123 [30 September 2016] IN THE EMPLOYMENT COURT CHRISTCHURCH [2016] NZEmpC 123 EMPC 363/2015 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN ROBYN ELIZABETH HENDERSON Plaintiff AND NELSON MARLBOROUGH DISTRICT HEALTH BOARD Defendant EMPC 364/2015 AND IN THE MATTER of a chall

6. [2020] NZEmpC 46 JCE v The Department of Corrections [pdf, 321 KB]

   ...by Corrections, did that failure lead to JCE’s resignation such that it amounts to an unjustified dismissal. (Footnotes omitted) [33] The Authority recorded the alleged breaches of contractual and statutory duties as being of:3 (a) clause 1.6.1 of the collective agreement; (b) section 56 of the State Sector Act 1988; (c) section 6 of the Health and Safety in Employment Act 1992; and (d) the implied contractual duty to provide a safe workplace. [34] Clause 1.6.1 of th...

7. [2007] NZEmpC AC 33/07 Schneller v Ranworth Healthcare Ltd [pdf, 51 KB]

   SCHNELLER V RANWORTH HEALTHCARE LTD AK AC 33/07 5 June 2007 IN THE EMPLOYMENT COURT AUCKLAND AC 33/07 ARC 111/05 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN ALISON SCHNELLER Plaintiff AND RANWORTH HEALTHCARE LIMITED Defendant Hearing: 6 and 7 July; 30 and 31 October 2006 (Heard at Auckland) Appearances: Paul Wicks, Counsel for Plaintiff Tony Drake and Mark Donovan, Counsel for Defendant Judgment: 5

8. Recording Industry Association of New Zealand v TCLE-A-T6054929 [2013] NZCOP 4 [pdf, 44 KB]

   [2013] NZCOP 4 COP 009/12 UNDER The Copyright Act 1994 BETWEEN RIANZ Applicant AND TCLE[A]-T6054929 Respondent BEFORE THE COPYRIGHT TRIBUNAL HEARING ON THE PAPERS DECISION The Application [1] The applicant has applied for an order under s 122O of the Copyright Act 1994 (the 1994 Act). Sections 122A-122U of the 1994 Act were added by the Copyright (Infringing File Sharing) Amendment Act 2011 (the 2011 Act). These sections concern file s

9. [2016] NZEmpC 169 Robinson v Gillon & Maher Plumbing Ltd [pdf, 152 KB]

   ...had suffered an unjustifiable disadvantage in her employment. This arose because the employer had chosen to remain silent when there was a live disagreement as to Ms Robinson’s entitlement to a bonus. The Authority determined that the sum of $5,000 should be paid to her as compensation for humiliation, loss of dignity and injury to feelings. The Authority was not satisfied that a penalty should be imposed on Gillon & Maher for its deliberate choice not to tell Ms Robinson o...

10. [2018] NZEnvC 117 Sabatier Family Trust v Auckland Council [pdf, 460 KB]

    ...notification decisions, and unless the issue arises under s 104(3) of the Act the correct ;; EM () /> .... -<,<,-'" ' __ ~~"~li\>~ "" .'. ", 1 DFCNZLtdv Bielby [1991j1 NZLR587. ~I See also Clause 6.6(d) of the Environment Court's Practice Note 2014. '8 . il The ~ord "appropriate" was used by counsel for Sabatier and I record that it is unclear what is meant by ~~\' ../ .,~~, 'appropriate". &quot...