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1. [2021] NZEmpC 120 Lye v ISO Ltd [pdf, 285 KB]

   ...Maritime Union of New Zealand Inc (MUNZ), were and are bargaining for a collective agreement. [21] It was common ground that, if MUNZ and ISO had succeeded in reaching agreement, the resulting collective agreement would have covered the work performed by Mr Lye and, consequently, resolved this proceeding. The proceeding was adjourned to provide an opportunity for the bargaining to continue.20 [22] Unfortunately, no agreement was reached. ISO and MUNZ have not entered into a...

2. [2021] NZEnvC 142 Waimakariri District Council [pdf, 314 KB]

   ...(c) Definitions for ‘minor residential unit’ and ‘residential unit’; and (d) SUB-R10 Subdivision in General Rural Zone. 2 C: The subdivision and land use rules having immediate legal effect are set out in Annexure A attached to and forming part of this decision. REASONS Introduction [1] Waimakariri District Council has applied for an order under s 86D of the Resource Management Act 1991 seeking that certain rules in the proposed Waimakariri District Plan have immedia...

3. [2021] NZEnvC 162 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 379 KB]

   ...reached agreement on changes to Rule C.6.5.1 Application of agrichemicals – permitted activity. The amendments include: (a) An amendment to clause (2)(b) to enable the Spray Plan to be made available to occupiers of spray-sensitive areas on request; (b) Amendments to change the reference to “spray assessment” to “risk assessment”, as proposed by the Court. The parties’ proposed wording is consistent with the term used in the New Zealand Standard Management of Agri...

4. [2021] NZEnvC 162 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 379 KB]

   ...reached agreement on changes to Rule C.6.5.1 Application of agrichemicals – permitted activity. The amendments include: (a) An amendment to clause (2)(b) to enable the Spray Plan to be made available to occupiers of spray-sensitive areas on request; (b) Amendments to change the reference to “spray assessment” to “risk assessment”, as proposed by the Court. The parties’ proposed wording is consistent with the term used in the New Zealand Standard Management of Agri...

5. [2023] NZREADT 7 - CAC 2002 v Sun (6 April 2023) [pdf, 309 KB]

   ...around May or June of 2016, Ms Sun met with BR and an associate of two prospective purchasers, WZ, at the subdivision. The two prospective purchasers were IM and DI. During that meeting it is alleged by the Committee that Ms Sun and/or BR informed WZ that Lots 1 and 2 of the subdivision each had a net area of 603 m2, and that 3 the purchasers would be able to build a large property of 400 m2, and a swimming pool on each lot due to their size. [10] During another visit to t...

6. [2022] NZACC 163 – Harvey v ACC (22 August 2022) [pdf, 305 KB]

   ...July 2010, said: Although the left eye does have some possible signs of hydrops and mild scarring with definite signs of irregularity/keratoconus - pellucid marginal degeneration, it is otherwise healthy. The right eye is healthy with size of form fruste keratoconus/marginal pellucid degeneration which fortunately is not having much, if any detrimental effect on his right eye vision. ... I have mentioned to Thomas the importance of trying as far as possible to avoid eye rubbing s...

7. Human-Rights-Commission-submissions-on-scope-of-inquiry.pdf [pdf, 379 KB]

   ...life: s 8 NZBORA, art 6 ICCPR; (b) The right of victims of human rights violations to an effective remedy: art 2.3. ICCPR; and (c) The right to equality and non-discrimination: s 19 NZBORA, International Convention on the Elimination of All Forms of Racial Discrimination (“CERD”). 26. In addressing these human rights principles, the Commission will also address some of the specific issues set out in Appendix A of the Scope Minute namely: (a) Issue 32 (as regar...

8. Neemia v International Waste Ltd [2021] NZHRRT 32 [pdf, 182 KB]

   ...you very very much for your help for me, I know you are the good boss. Forgive me if I do something wrong. I really like the job, but I know I’m very illness. [45] Mr Richardson noted some time after his resignation for health reasons Mr Tua requested it be withdrawn and by that stage Mr James had already begun recruiting for that role. However, to help Mr Tua, Mr James offered him a casual contract with a view to offering him a full-time position when one became available. In Janua...

9. [2022] NZEmpC 167 Halse v Employment Relations Authority [pdf, 331 KB]

   ...Mr Halse and CultureSafe were held jointly and severally responsible for the breaches. [40] This determination recorded Mr Halse’s statement that he intended to ignore the non-publication order made on 20 July 2018.30 He did not respond to a request for submissions on possible penalties beyond informing the Authority that he would “never pay a cent in penalties”.31 Nevertheless he was given what the Authority referred to as a fifth and final opportunity to provide any eviden...

10. [2022] NZACC 19 - McBryde v ACC (9 February 2022) [pdf, 453 KB]

    ...traumatic injury suffered in 1994 set the calcification process in motion and Mr Johnstone commented similarly that “it is difficult to exclude a thoracic disc injury at the time of his initial injury”. [72] Regrettably, in spite of Mr McBryde’s requests, a contemporary MRI scan was never done. Mr Johnstone’s report explains that without high-tech imaging, a structural or anatomical cause for pain, such as a disc herniation, cannot and should not be excluded. [73] We kn...