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1. [2019] NZEnvC 145 Bunnings Ltd v Queenstown Lakes District Council [pdf, 2.3 MB]

   ...to come to those conclusions in the absence of the decision. [9] The Council rejects17 that it put Bunnings to unnecessary cost as it attended mediation which significantly narrowed the issues. Even if it had withdrawn its opposition as Bunnings requested, Bunnings would still be required to convince the court that the application should be granted (as it was non-complying) and evidence on effects would have been required. The Council also disputes the allegation that its case in rela...

2. [2020] NZEnvC 200 Wilkins v Southland Regional Council [pdf, 381 KB]

   ...legal arguments without substance. The Council's engagement with Wilkins prior to evidence exchange [5] Wilkins contends that the Council failed to engage with it to reach an agreed position on conditions prior to evidence exchange, ignoring requests from Wilkins and eventually putting forward conditions two days before evidence was due. This resulted in further evidence needing to be prepared.6 [6] The Council rejects this criticism, noting that it was not afforded enough time...

3. Trustpower – EiC – N I Foran (5 Feb 2021) [pdf, 2 MB]

   ...Environment Court appeal processes. 4. TRUSTPOWER’S BACKGROUND AND GENERATION PORTFOLIO 4.1 Trustpower is a publicly listed and predominantly a New Zealand owned company. It grew from the Tauranga Electric Power Board (established in 1924) and was formed as part of the deregulation of the electricity supply industry in the mid-1990’s. Trustpower now employs over 800 employees throughout New Zealand. 4.2 Trustpower is an electricity generator and utilities retailer, and owns a...

4. [2020] NZEmpC 170 New Zealand Technology Group Hawkes Bay Ltd v Flashoff [pdf, 244 KB]

   ...passwords of its various services and has effectively locked NZTG out preventing it from providing those services. He also says the funds going to ETL is the second biggest item of value to NZTG. [15] In a supplementary affidavit filed at the request of the Court, Mr Smith says NZTG’s claims could total $4.3 million for ongoing losses. [16] The Authority established a timetable for the filing of evidence about NZTG’s claims, and directed that an investigation meeting be held...

5. Online Final PO Information at Service Pack Respondent [pdf, 461 KB]

   ...application to the Family Court. Do not be violent to the Protected person in any way You must not do anything that makes the Protected person feel afraid that you might hurt them or damage their property in any way. These are all forms of violence and abuse Physical: Hitting, slapping, kicking, or using a weapon or an object. Strangling, choking, suffocating, burning someone. Breaking their things, breaking into their home. Taking away things they need becau...

6. [2019] NZREADT 58 - Beckett - ruling (13 December 2019) [pdf, 163 KB]

   ...(2) The appeal is by way of written notice to the Tribunal of the appellant’s intention to appeal, accompanied by– (a) a copy of the notice given to the person under s 81 or 94; and (ab) the prescribed fee, if any; and (b) any other information that the appellants wished the Tribunal to consider in relation to the appeal. [12] At paragraph 6.1 of its substantive decision, the Committee stated: The Committee considers that the 20 working day appeal period does not commence...

7. [2019] NZEmpC 198 Jobbitt v 4 Seasons Indoor Outdoor Living (2014) Ltd [pdf, 379 KB]

   ...in good faith with the employee, the employer is not required to comply with section 4(1A)(c) in making a decision whether to terminate an employment agreement under this section; and (b) the employer is not required to comply with a request under section 120 that relates to terminating an employment agreement under this section. [13] The amendments to these sections introduced a restriction, so that an employment agreement containing a trial provision may be entered in...

8. INZ (Gilray) v Croxson [2019] NZIACDT 79 (9 December 2019) Sanctions [pdf, 117 KB]

   ...had no direct contact with two of his clients (identified as Messrs E and B), who were left to deal with a recruiting agency in their home country. He had delegated to unlicensed people immigration work which he had a statutory obligation to perform. In addition, he had failed to enter into written service agreements with the clients and to provide them with the required information concerning his professional obligations. [3] Mr Croxson admits breaching the Immigration Advisers L...

9. D J Bethell Family Trust - Rangitatau Waitōtara 3C2B2 and 3C2B3 Trust (2019) 408 Aotea MB 210 (408 AOT 210) [pdf, 188 KB]

   ...supervised by the Maori Land Court. The Beneficiaries argue that, while the Maori Land Court has broad powers, the High Court has similar broad powers of review, but these do not supplant the specific rules of the common law and equity setting out what forms of relief ought to be available and in what circumstances. While that may be true, the Maori Land Court’s role is very different from that of the High Court. The Maori Land Court is actively involved in the setting up of trusts...

10. [2020] NZEmpC 24 CBA v ONM [pdf, 327 KB]

    ...of claim. [18] The matter was commenced by the filing of a statement of problem in the Employment Relations Authority; the proceeding was then removed to the Court. Then it was necessary for a statement of claim to be filed in the Court in a form different to that which had been used for the original statement of problem. [19] In my view, it is appropriate to adopt Step 3, using Band B. I do not consider the circumstances were, at the stage the matter was pleaded, so complex...