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1. [2021] NZEnvC 131 Wilson v Waikato Regional Council [pdf, 1.4 MB]

   ...can be successfully removed for seeding, the appellant interprets this further on-growing as “spat holding” not covered by r 16.5.1. Counsel refers to a report provided by OAL’s consultants (Pacific Coastal Ecology) in response to a WRC request for further information about the Proposal. It states:12 11 Outline of submissions for Mr Wilson, dated 2 November 2020, at [12]. 12 NOE, l 10-34, referring to Pacific Coastal Ecology Ecological Effects Resulting from a Propos...

2. Wilton TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 [pdf, 629 KB]

   ...AND DEANE FLUIT BUILDER LTD First Respondent AND TAB DESIGN LTD (Removed) Second Respondent AND TILING SOLUTIONS WANAKA LTD Third Respondent AND QUEENSTOWN LAKES DISTRICT COUNCIL Fourth Respondent AND HEMPEL (WATTYL) NEW ZEALAND LTD formally called VALSPAR PAINT (NZ) Ltd Fifth Respondent AND WILTON JOUBERT LTD Sixth Respondent Hearing: 22–26 May 2023 Closing submissions: Claimants 21 June 2023 Fourth respondent’s cross claim closings 28 June 2023 Respondents...

3. [2019] NZEnvC 205 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 15 MB]

   ...further Sch 1 RMA plan changes, schedules would be added to the ODP that identify relevant landscape values and landscape capacity. That is for both s6(b) and 7(c) purposes. [26) Other appellants express similar concerns although they target their requested relief to ONF/L and RCL mapping changes. Decisions 2.1 and 2.3 address those sub­ topic 1 appeals. [27] UCESI is also concerned about the DV's regime for ONF/Ls but opposes what Darby Group proposes for these s6(b) RMA mat...

4. 2021-07-06 Transcript.pdf [pdf, 2.3 MB]

   ...activity, so effectively representing the Enright family that has farmed in that region for, you know, many years, came into that region about the late 1800s. I appreciate that the Court is considering water-users in this process and in the 15 formation of the plan change 7, it’s most necessary. In my view, it behoves the Otago Regional Council in its application of water management processes to consider not just the environmental implications but the implications on its region...

5. [2011] NZEmpC 129 Patel v Pegasus Stations Ltd [pdf, 95 KB]

   ...dismissal. In brief, the two matters were: a) Forged signature On 8 June 2010, Mr Patel complained in a letter to Mobil management that on 8 April 2010 a co-worker (Aman) had forged his signature on a company document (a wages change advice form) without his permission. b) Health and safety issue On 1 June 2010, Mr Patel complained that on 29 May 2010 his manager (Riaz Ali) failed to give him permission to see a doctor or go home when he was feeling unwell at work. [6...

6. [2011] NZEmpC 143 NZ Meat Workers & Related Trades Union Inc v CMP Rangitikei Ltd [pdf, 113 KB]

   ...resorted to locking out union members since 19 October 2011. It has been able to maintain production, or at least a temporarily sufficient level of production, using existing non-union labour and by using a growing number of employees who were formerly union members but have decided, in the circumstances, to sign individual employment agreements with CMPRL under which they are now working. [7] It is really only the current and prospective lockouts of union members with which t...

7. [2010] NZEmpC 1 Singh v Eric James & Associates Ltd [pdf, 46 KB]

   ...by an employer to do any work for hire or reward under a contract of service; and (b) includes— (i) a homeworker; or (ii) a person intending to work; but (c) excludes a volunteer who— (i) does not expect to be rewarded for work to be performed as a volunteer; and (ii) receives no reward for work performed as a volunteer. (2) In deciding for the purposes of subsection (1)(a) whether a person is employed by another person under a contract of service, the Court or the Authori...

8. [2011] NZEmpC 13 Carter Holt Harvey Ltd v EBIIWU [pdf, 118 KB]

   ...Authority Member has erred in law. The approach adopted fails to take into account the guidelines set out in Da Cruz. In particular, it has not taken into account this Court’s guidance to the effect that costs [awards] should be modest, which formed the basis for its finding that the Binnie approach was not a proper one. 5.8. It is submitted that the Authority should instead have adopted the approach approved in Da Cruz and applied consistently since then of awarding costs ba...

9. [2011] NZEmpC 22 Bachu v Davie Motors Ltd [pdf, 86 KB]

   ...Bachu set out his allegations in writing. Earlier, having received some telephone indication from Mr Bachu as to his allegations, the chief executive officer had commenced an enquiry within the company of those alleged to have been involved. He formed the view that the allegations of Mr Bachu were unfounded. [4] Matters appeared to rest there. Mr Bachu in his written documents had indicated that he would not be returning to work and as the second of the two written documents...

10. [2010] NZEmpC 54 Chen v NZ Sugar Co Ltd [pdf, 42 KB]

    ...solution I seek to resolve the matter: In the mean time I wish to reserve the right to proceed with this personal grievance process. With extreme regret, i am hereby tendering my resignation. Please arrange proper handover as soon as possible. My requested finish date with NZ Sugar is 12th April unless I am informed of otherwise. Best regards Jie [21] I have set this letter out in full because it indicates the difference in perception between Ms Gilroy and Mr Chen as to the ev...