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Search results for clause 5.

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  1. [2021] NZEmpC 25 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 296 KB]

    SMITHS CITY (SOUTHERN) LIMITED (IN RECEIVERSHIP) v JEREMY WALTER CLAXTON [2021] NZEmpC 25 [12 March 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2021] NZEmpC 25 EMPC 413/2019 & 444/2019 IN THE MATTER OF matters removed from the Employment Relations Authority AND IN THE MATTER of applications for stay of proceedings and security for costs BETWEEN SMITHS CITY (SOUTHERN)

  2. Tatere v Hauraki - Mangatainoka No 1BC No 2C No 1 (2021) 93 Tākitimu MB 135 (93 TKT 135) [pdf, 293 KB]

    93 Tākitimu MB 135 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TĀKITIMU In the Māori Land Court of New Zealand Tākitimu District A20130007311 WĀHANGA Under Sections 98 and 231, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Mangatainoka No 1BC No 2C No 1 and Other Blocks I WAENGA I A Between RICHARD TATERE, BRENDA TATERE and DENISE CAWSEY Te Kaitono Applicant ME And JOHN DOUGLAS HAURAKI Te Kaiu

  3. [2021 NZACC 149 – Garside v ACC (30 September 2021) [pdf, 276 KB]

    ...cover for a sprain or strain of his left knee caused by an accident on 3 July 1991. [4] He also has cover for a contusion to his left knee and lower leg caused by an accident on 29 September 2002. He tripped over some driftwood while walking. [5] In 2017 Mr Ballance, Orthopaedic Surgeon, completed an assessment report and treatment plan (ARTP) and applied to the Corporation for funding for surgery to repair a left knee meniscal tear. [6] The Corporation obtained comment from Dr M...

  4. IHC New Zealand v Attorney-General (Strike-Out Application) [2020] NZHRRT 47 [pdf, 248 KB]

    ...WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms K Anderson, Member Ms GJ Goodwin, Member REPRESENTATION: Ms F Joychild QC for plaintiff Ms M Coleman and Mr S Humphrey for defendant DATE OF HEARING: 23 and 24 February 2015 and 30 March 2015 DATE OF DECISION: 11 December 2020 DECISION OF TRIBUNAL DISMISSING STRIKE-OUT APPLICATION BY ATTORNEY-GENERAL1 INTRODUCTION Delay [1] The long delay in the delivery of this decision is both acknowledg...

  5. [2024] NZEnvC 280 Horongarara Point Group v Waikato District Council [pdf, 735 KB]

    ...AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 280 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN HORONGARARA POINT GROUP (ENV-2022-AKL-065) Appellant AND WAIKATO DISTRICT COUNCIL Respondent AND WAIKATO REGIONAL COUNCIL Section 274 party Court: Environment Judge S M Tepania sitting alone under s 279 of the Act Last case event: 18 October 2024 Date of Orde...

  6. [2011] NZEmpC 128 McKean v Ports of Auckland Ltd [pdf, 130 KB]

    ...determined that Mr McKean’s actions amounted to serious misconduct, and decided to dismiss him. That decision was confirmed by way of letter dated 20 September 2011. Is there an arguable case that Mr McKean was unjustifiably dismissed? [11] Clause 4.2.7 of the collective agreement sets out a number of examples of conduct that may constitute serious misconduct warranting instant dismissal. These include “behaving in an offensive manner”. What amounts to offensive behaviour...

  7. [2016] NZEnvC 152 Koha Trust Holdings Limited v Constellation Brands New Zealand Limited [pdf, 735 KB]

    ...Respondent PHILIP JOHN WOOLLEY Second Respondent CONSTELLATION BRANDS NEW ZEALAND LIMITED Third Respondent Principal Environment Judge L J Newhook Environment Commissioner R Howie Environment Commissioner I Buchanan At Blenheim on 14 and 15 March 2016 R J B Fowler QC for Applicant J W Maassen for Marlborough District Council R E Bartlett QC and D J Clark for Second and Third Respondents 2016 DECISION OF THE ENVIRONMENT COURT ON APPLICATION FOR DECLARATION 2 A: Fin...

  8. [2018] NZEnvC 080 NZ Heavy Haulage v South Taranaki District Council [pdf, 1.1 MB]

    ...carry out work such as painting or simple repairs. There may be a predominant use of the term house in this decision, but, unless specifically excepted, we should be understood as discussing all relocated buildings. The proposed plan provisions [5] The proposed plan provisions were these, beginning with an Issue Statement: Issue Statement: 2.21.1 relocating buildings is an efficient use of resources but they can be unsightly and detract from the visual amenity of an area if they are...

  9. [2018] NZEnvC 035 The Wellington Company Ltd v Save Erskine College Trust [pdf, 7.9 MB]

    ...requirements in that regard as reflected in the Court's decision , should be incorporated into the resource consent. I submit that in light of the mediation agreement the Court can require this. [61] Counsel for SECT did not refer to specific clauses in the mediation agreement that he relied on. In respect of the positive obligation we note that the mediation agreement makes specific reference to: Background L(m) Provides an enforceable commitment for TWC to seek a variation f...

  10. ORC & Federated Farmers - EIC - Anna Gillespie - 17 September 2021 [pdf, 220 KB]

    ...Ben and I own and run a 394-hectare farm finishing beef and dairy grazing just out of Omakau (Two Farmers Farming Ltd). We have 2 children who attend Omakau Primary School. 3 I was brought up on a sheep and bull beef farm in North Otago, I am a 5th generation Otago farmer and our family continue to farm land purchased in 1875 by my great great grandfather. 4 I spent 3 years dairy farming before entering tertiary education at Lincoln University. I completed a Bachelor of Commerc...