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  1. [2016] NZEmpC 54 H v A Ltd [pdf, 250 KB]

    H v A LIMITED NZEmpC AUCKLAND [2016] NZEmpC 54 [10 May 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 54 EMPC 284/2015 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN H Plaintiff AND A LIMITED Defendant EMPC 283/2015 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND BETWEEN A LIMITED Plaintiff AND H Defendant Heari

  2. Goode v CAC 20002 & Ors [2014] NZREADT 64 [pdf, 135 KB]

    ...its tenants to vacate. Settlement of Bretts Road was scheduled for 8 December 2011 and, in fact, occurred on 16 December 2011 well before the appellant and his partner were ever going to be in a position to move into it. Accordingly, accommodation costs for the appellant's family were always going to be incurred because, whether or not they settled the purchase of Bretts Road on 8 December 2011, they could not occupy it while tenants were there. [76] Mr Paulsen also puts it that...

  3. McClelland v Schindler Lifts NZ Ltd [2015] NZHRRT 45 [pdf, 157 KB]

    1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 45 Reference No. HRRT 031/2014 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN BENJAMIN RAYMOND MCCLELLAND PLAINTIFF AND SCHINDLER LIFTS NZ LIMITED DEFENDANT AT CHRISTCHURCH BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Ms ST Scott, Member REPRESENTATION: Mr V Corbett, agent for plaintiff Mr CA Andrews (South Island Manager) and Ms M Pabustan (HR National Manage

  4. Tuson - Mangamuka West 3B2A (2018) 168 Taitokerau MB 17 (168 TTK 17) [pdf, 2.1 MB]

    168 Taitokerau MB 17 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20130006483 UNDER Section 326B, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Mangamuka West 3B2A Block BETWEEN NGAWAI TUSON Applicant Hearing: 20 November 2013 17 November 2014 4 May 2015 (Heard at Kaitaia) Judgment: 23 February 2018 PRELIMINARY DECISION OF DEPUTY CHIEF JUDGE FOX 1

  5. Waal v Accident Compensation Corporation [2016] NZACA 05 [pdf, 291 KB]

    ...followed a review decision on 3 March 1995 directing that coverage be reconsidered. A medical misadventure under the Accident Compensation Act 1982 (the 1982 Act) was therefore recognised. This allowed for payment of certain medical and counselling costs. [26] Mr de Waal then wrote to the Corporation on 24 April 1995 seeking compensation for loss of enjoyment of life, arising from the medical misadventure. He reported a dull heavy ache on the left hand side of his crotch, includi...

  6. [2016] NZEmpC 112 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 431 KB]

    ...(Care Proceedings: Standard of Proof) [2008] 3 WLR 1 (HL). 51 Z, above n 31, at [112]. of proving them”. The consequences in the case of penalties in employment law in New Zealand include that, in addition to compensatory orders and costs, a person against whom a statutory penalty is sought is liable to pay an additional monetary penalty in the nature of a fine and, unless discretionary circumstances exist, to pay that to the Crown rather than to the victim of a breach....

  7. The Trustees of the Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block and a preliminary decision of the Chief Judge at 2013 CJ 567 [2014] Māori Appellate Court MB 394 (2014 APPEAL 394) [pdf, 377 KB]

    ...thought that any amended or new roadway order should not be in the nature of a public road. Similarly, Mr Shaw said that he would have no objection to restrictions on access at times of tangi or the like. He also accepted that he should share the cost of any initial survey and continued upkeep of the road in proportion to usage. Mr Shaw said that 2014 Māori Appellate Court MB 402 these were proposals he wanted to take to the trustees in accordance with the Chief Judge’s d...

  8. [2018] NZEnvC 243 Ohau Protection Society Incorporated v Waitaki District Council [pdf, 16 MB]

    ...dismissed. Consent is granted on the conditions in Annexure A, to commence on the date the court issues a sealed complete version of the consent. B. Directions are made for the Council to file a complete copy of the consent for those purposes. C: Costs are reserved and a timetable set. OHAU PROTECTION SOCIETY INC v WAITAKI DISTRICT COUNCIL I ntrod uction 2 REASONS [1] Steve and Linda Simmons (together 'Simmons'/,Applicants') own a 20ha rural property ('...

  9. [2019] NZEnvC 084 Kilmarnock Farm Limited v Canterbury Regional Council [pdf, 8.7 MB]

    ...Under section 313 of the Resource Management Act 1991 the Environment Court declines to declare that Water Permits CRC170217 and CRC142894 issued by the Canterbury Regional Council and held by Kilmarnock Farm Limited have been given effect to. B: Costs are reserved. Any application is to be made within twenty (20) working days, response within a further fifteen (15) working days, and a reply within a further five (5) working days. KILMARNOCK FARM LIMITED V CANTERBURY REGIONAL COUN...

  10. [2021] NZEmpC 8 Commissioner of Police v New Zealand Police Assoc Inc [pdf, 464 KB]

    ...1992. The PA repealed the 1958 statute with effect from 1 October 2008.3 The position from 2011 [12] The focus of this proceeding is on developments which occurred from about 2011. At that time, Police directed districts to look at ways to cut costs and manage resourcing more efficiently. [13] As a result of that directive, a phase of substantial change occurred, which included widespread restructuring. Police believed, as an aspect of this exercise, that its human resou...