Search Results

1. [2023] NZEnvC 025 Minister of Conservation v Marlborough District Council [pdf, 5.5 MB]

   ...consent memorandum of the parties dated 1 December 2022 which sets out the agreement reached between the parties to resolve a number of the appeal points allocated to this topic. That memorandum replaces entirely the earlier consent documentation, filed on 26 May 2022, for the same topic.2 The agreement includes a number of amendments to the provisions of Volume 1, Chapter 8, Volume 2, Chapters 16, 24 and 25, and Volumes 3 and 4. Other relevant matters [3] A number of partie...

2. 20240924-Marine-and-Coastal-Area-Takutai-Moana-Customary-Marine-Title-Amendment-Bill.pdf [pdf, 372 KB]

   ...Where recognised, CMT confers a proprietary interest18 in the relevant area of the CMCA, and a bundle of rights in relation to regulation of use of the area. CMT does not confer ownership or the full array of rights and interests that would run with fee simple title in land. The statutory bundle of rights includes:19 14.1. A resource management permission right by which CMT holders can grant or withhold permission on any grounds for activities in the CMT area to which the resource manage...

3. Proactive Release - Amendments to the Criminal Proceeds (Recovery) Act 2009 [pdf, 2.7 MB]

   ...courts two new powers: 4.1. A new power to respond to transnational offending: Following restraint of property, where the respondent is not in New Zealand, the Commissioner of Police can apply to the court for an order requiring the respondent to file a notice of source. The notice would have to show whether the property was legitimately obtained. If the respondent does not file a notice of source, or files a notice that is materially false or misleading, the property would be forfeited...

4. [2015] NZEmpC 206 Fox v Hereworth School Trust Board [pdf, 620 KB]

   ...and including, the decision to dismiss. The same test applies to justification in disadvantage grievances. The pleadings [8] The pleadings determine the issues for decision. They comprise the plaintiff’s second amended statement of claim filed on 17 January 2014 and the defendant’s statement of defence to the plaintiff’s second amended statement of claim filed on 3 February 2014. [9] First, the plaintiff asserts that what the defendant claimed to be its independent inv...

5. [2007] SFWU v ADHB and Ors WN WC 18/07 [pdf, 134 KB]

   ...the purposes of subsection (1), genuine reason does not include― (a) opposition or objection in principle to bargaining for, or being a party to, a collective agreement; or (b) disagreement about including in a collective agreement a bargaining fee clause under Part 6B. [8] Clause 6 of Schedule 1B (“Code of good faith for public health sector”) is: 6 Collective bargaining and collective agreements (1) The parties must support collective bargaining, including multi- employer co...

6. [2021] NZEmpC 129 Caddy v Vice-Chancellor, University of Auckland [pdf, 371 KB]

   DAVINIA CADDY v VICE-CHANCELLOR, UNIVERSITY OF AUCKLAND [2021] NZEmpC 129 [13 August 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2021] NZEmpC 129 EMPC 180/2019 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN DAVINIA CADDY Plaintiff AND VICE-CHANCELLOR, UNIVERSITY OF AUCKLAND Defendant Hearing: 1–4 and 7 Dec

7. [2022] NZREADT 18 – QQ v REA NQ (7 September 2022) [pdf, 233 KB]

   ...leak in the ceiling of the lounge. 42. In his affidavit, the appellant also said that the co-owner wanted to get rid of him from the property for no other reason than to create hardship in retaliation for the appellant disputing his accounting fees (the Tribunal records that there have been proceedings in the Disputes Tribunal between the two owners). Explanation of the licensee 43. The licensee wrote to the Authority on 24 January 2019. He said that the solicitor had made it cl...

8. Te Manutukutuku (Issue 82) [pdf, 14 MB]

   ...knew that it aligned with her ‘passion for Te Ao Māori and making Aotearoa a better place for Māori’. In her role, Aneta oversees the unit’s diverse Claims and Registry Team. Claims coordination staff maintain and distribute documents filed on the Tribunal’s records of inquiry, while providing logistical and administrative support to enable the smooth func- tioning of judicial conferences, hear- ings, and Tribunal panel meetings. As well as the claims coordinators, Aneta l...

9. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 1 [pdf, 283 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2011-100-000050 [2013] NZWHT AUCKLAND 1 BETWEEN VAUGHAN STUART DARBY AND MARY ANN DARBY as Trustees of the DARBY TRUST Claimants AND AUCKLAND COUNCIL First Respondent AND ANTHONY LAWRENCE ALLEN Second Respondent AND CEDRIC DUDLEY FRENCH Third Respondent AND DARYN MCDONALD (Removed) Fourth Respondent Hearing: 27, 28 and 29 August 2012 Appearances: S Wroe for the claimants. F Divich for the first re

10. [2021] NZEmpC 169 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 518 KB]

    ...answering customer queries. [35] Mr Claxton was paid for his services. The arrangement was that he would share the profits evenly with Ms Wilde. What Mr Claxton did to secure his profit share was invoice Can Do Flooring for a consultant’s fee. It is, however, a misnomer to describe the arrangement as equal sharing even though that was intended. Mr Claxton added GST to his invoices. He was not registered for GST, but kept the additional 15 per cent he added to each invoice.2...