Search Results

1. [2007] NZEmpC WC 5/07 Fuel Espresso Ltd v Hsieh [pdf, 32 KB]

   ...JUDGMENT OF JUDGE C M SHAW [1] This is an application for an interim injunction brought by the plaintiff, Fuel Espresso Ltd (Fuel), against Victor Hsieh the defendant and former employee of Fuel who is alleged to have breached a restraint of trade clause in his employment agreement. The plaintiff seeks an interim order that the defendant ceases working for or operating a coffee cart named as Beangrinding situated outside the Telecom Centre in Tory Street, Wellington until on or...

2. [2020] NZEnvC 110 Aratiatia Livestock Limited v Southland Regional Council [pdf, 268 KB]

   ...this objective, the changes are approved and are set out in Annexure "A". [4] That said, a stray 'and' - not present in the Decision Version - has found its way into the objective and has been deleted also. Objective 9/9A [5] In the first Interim Decision the court enquired whether the parties supported the inclusion of a new sub-clause (b) as proposed by the primary sector. While no party opposed the inclusion of the sub-clause, some sought to amend the provis...

3. OWRUG - EiC - M Curran - Planning (5 Feb 2021) [pdf, 528 KB]

   BI-1035600-2-242-V5 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV:2020-CHC-127 In the Matter of the Resource Management Act 1991 And a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago. Between OTAGO REGIONAL COUNCIL Applicant And OTAGO WATER RESOURCES USER GROUP Section 274 Party And FALLS DAM COMPANY LIMITED Section 274 Party EVIDENCE OF MATTHEW CURRAN FOR OTAGO WATER RESOURCE USER GROUP INC

4. [2017] NZEmpC 30 Lumsden v Skycity Management Ltd [pdf, 222 KB]

   ...place. [7] As planned the parties attended mediation on 25 November 2014. A settlement agreement was signed during the course of it. Mr Lumsden’s employment came to an end that day. [8] The agreement contained the following material clauses: Confidentiality 1. These terms of settlement and all matters discussed in mediation shall remain, so far as the law allows, confidential to the parties. No Liability 2. That the terms of this settlement & its contents, h...

5. Chand v Rana [2014] NZIACDT 47 (08 April 2014) [pdf, 80 KB]

   ...dated 27 February 2014. [8] It sets out that the complainant had lodged the complaint on wider grounds, but the Registrar identified material supporting only two aspects: [8.1] The written agreement did not comply with the Code of Conduct 2010 (clauses 1.5 and 8); and [8.2] The complainant did not agree to an increase in fees in writing (clause 3(c) of the Code of Conduct). [9] The background to the complaint can be outlined as follows: [9.1] On 23 February 2010, the complainant en...

6. Foreman v Sanders – Estate of Rachel Ngeungeu Zister (2013) 63 Waikato Maniapoto MB 286 (63 WMN 286) [pdf, 191 KB]

   ...[4] Since her death in 1997 there have been considerable differences of opinion between the executors of the estate and members of Mrs Zister’s wider whānau as to what Mrs Zister’s Will meant. The task before this Court is to interpret the clauses in dispute. Background facts [5] The first block of land is Part Maraetai 3B, comprising 190.7778 hectares, CFR Identifier NA54A/782. The block is Māori freehold land. A s 438 Māori Affairs Act 1953 trust (now an ahu whenua trust...

7. BORA New Zealand Flag Referendums Bill [pdf, 277 KB]

   New Zealand Flag Referendums Bill 24 February 2015 Attorney-General New Zealand Flag Referendums Bill – Consistency with NZ Bill of Rights Act 1990 Our Ref: ATT395/223 1. We have reviewed the New Zealand Flag Referendums Bill for consistency with the New Zealand Bill of Rights Act 1990. 2. We have been provided with the attached copy of the Bill which we are advised is subject to proof-reading, but is otherwise the final version. 3. The Bill provides for two postal refe

8. [2018] NZEmpC 61 Butterfield v Alliance Group Ltd [pdf, 364 KB]

   ...unjustifiable dismissal. Preference provided for in collective agreement [40] The collective agreement provides preference in employment for people who worked the previous season, and recognises seniority as a basis for selection. First, clause 31(g) provides: Subject to the provisions of clause 34 of this Agreement, the employer shall, when engaging labour at the commencement of each season, give prior consideration to applications from workers who have, in the employers...

9. BORA Manukau City Council (Regulation of Prostitution in Specified Places) Bill [pdf, 315 KB]

   ...regulated by the State. Placing an onus of proof on a defendant is generally considered to be more appropriate for regulatory offences. Those who choose to participate in regulated industries should expect to meet certain standards of behaviour. [10] Clauses 12 and 14 are intended to help enforce the obligations of the participants in prostitution and commercial sexual services to ensure those activities do not cause a nuisance or serious offence to ordinary members of the public using t...

10. Federated-Farmers-of-New-Zealand.pdf [pdf, 395 KB]

    IN THE ENVIRONMENT COURT ENV-2020-AKL-000087 AT AUCKLAND I MUA I TE KOOTI TAIAO O AOTEAROA TĀMAKI MAKAURAU IN THE MATTER of the Resource Management Act 1991 A N D IN THE MATTER of an appeal pursuant to clause 14(1) of the First Schedule of the Act BETWEEN HORTICULTURE NEW ZEALAND Appellant A N D WAIKATO REGIONAL COUNCIL Respondent NOTICE OF PERSON’S WISH TO BE PARTY TO PROCEEDINGS Section 274 Resource Management Act 1991 29...