Search Results

1. [2019] NZEmpC 73 Kazemi v Rightway Ltd [pdf, 446 KB]

   ...Kazemi’s employment. [9] They say that by joining the Programme, Ms Kazemi (directly or indirectly) gained a joint property right in the Client Register that could gain in value over time, and also allowed Ms Kazemi to receive rewards in the form of commission on recurring revenue received from clients who were in the Client Register. [10] They deny the other claims made against them. [11] On the key issue I find that the buy-in fee was a premium, contrary to s 12A of the Wa...

2. [2019] NZEmpC 59 Kazemi v Rightway Ltd [pdf, 446 KB]

   ...Kazemi’s employment. [9] They say that by joining the Programme, Ms Kazemi (directly or indirectly) gained a joint property right in the Client Register that could gain in value over time, and also allowed Ms Kazemi to receive rewards in the form of commission on recurring revenue received from clients who were in the Client Register. [10] They deny the other claims made against them. [11] On the key issue I find that the buy-in fee was a premium, contrary to s 12A of the Wa...

3. [2019] NZEnvC 167 Western Bay of Plenty District Council v Bay of Plenty Regional Council [pdf, 13 MB]

   ...Management Law Association as the Salmon Lecture for 2013. 7 [23] In the introductory section in relation to Maori Values, the HapO seek to insert an additional sentence in the Evidence column: Oral traditions, recorded histories, archaeological information and information gathered from residents confirm the long occupation of Matakana and Rangiwaea Islands. [24] The Councils support this insertion as being useful sources of information. We agree with the first part of the sente...

4. KQ v FH [2022] NZDT 185 (25 October 2022) [pdf, 98 KB]

   ...the time of making the contract for the supply of the service. 14. For reasons outlined above, I find that FH has breached his obligations under the CGA as he did not provide a bull that would provide the expected outcome. The bull did not perform at any level despite the staffs’ best efforts to get it operational. 15. I find that the failure was “substantial” as that term is defined in the CGA (s36). Failures are considered “substantial” where the services would not h...

5. BT v US [2023] NZDT 112 (11 May 2023) [pdf, 111 KB]

   ...set out in section 10 of the Disputes Tribunal Act 1988 and does not provide for such a claim to be heard by it. Referee: L Thompson CI0301_CIV_DCDT_Order Page 3 of 4 Date: 11 May 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

6. ENVC combined interested party notices R to Y [pdf, 12 MB]

   ...future wharf-related operations and expansion to meet the growth needs of the wider community. 9. I agree to participate in mediation or other alternative dispute rsolution of the proceedings. 10 I wish to support the submission and s274 request of DirectionMatiatia in its entirety. Name: [full name] Josephine Jane Tetley-Jones Date: 12 january 2014 Address for Service: C/- Direction Matiatia Incorporated Email: directionmatiatia.co.nz...

7. Affirmation-of-Lonnie-Dalzell-in-support-of-notice-of-motion.pdf [pdf, 16 MB]

   ...Greater Wellington Regional Council (GWRC) and Manawato­ Whanganui Regional (Horizons), and lodged the notices of requirement with Kapiti Coast District Council (KCDC) and Horowhenua District Council (HDC) (together the Councils), along with the request that the Application be referred directly to the Environment Court. 9. That request was granted by Horizons and GWRC on 19 January 2023 and KCDC and HDC on 20 January 2023. The letters confirming the grants are annexed to this affi...

8. [2021] NZEnvC 068 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 482 KB]

   ...Management Act 1991 against a decision on Proposed Plan Change 21 to the Auckland Unitary Plan EDEN EPSOM RESIDENTIAL PROTECTION SOCIETY INCORPORATED (ENV-2020-AKL-079) Appellant AUCKLAND COUNCIL Respondent SOUTHERN CROSS HOSPITALS LIMITED Requestor KA.INGA ORA- HOMES AND COMMUNITIES s274 Party TUPUNA MAUN GA O TAMAI<:I MAKAURAU AUTHORITY s274 Party Court: Hearing: Judge L J Newhook sitting alone under s279 of the Act On the papers 2 DECISION ON IN...

9. [2021] NZEnvC 060 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 4.7 MB]

   ...agreement as to the mapping of PAs in the Upper Clutha Basin RCL as follows: RCL Priority Areas in the Upper Clutha Basin 7. The landscape experts agree that all of the RCL PA areas [sic] should be mapped to adopt 'landscape' (e.g. landforms, land use, river, bush features etc) rather than 'road' boundaries. 8. Cardrona River/Mt Barker Road RCL PA: the landscape experts agree that the PA mapping should be extended to the base of the lower Criffel Terrace due to the...

10. [2016] NZEmpC 83 Savage v Capital Coast DHB [pdf, 259 KB]

    ...CORKILL The problem: casual or permanent? [1] Mr Savage is a Registered Nurse (RN) who wished in 2011 to be employed on a casual basis rather than on a permanent basis. The Capital & Coast District Health Board (the Board) agreed to his request. In May 2014, after a complaint had been lodged against Mr Savage, the Board said it would not offer him any more work as a casual. He says that at all times the reality of the employment arrangements were that he was permanent,...