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1. [2024] NZEnvC 261 Ngati Rarua Settlement Trust v Marlborough District Council [pdf, 428 KB]

   ...self-service car wash facility at Horton Street, Blenheim. Resource consents were required under the proposed Marlborough Environment Plan (‘pMEP’) and the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health 2011 (‘NESCS’). Specifically, the required consents were: (a) a discretionary activity consent for a vehicle orientated activity in the Business 1 Zone of the pMEP (‘land use (activity) consent’); and (b) a cont...

2. [2024] NZEmpC 253 Johnston v Te Whatu Ora - Health New Zealand [pdf, 233 KB]

   ...matter be removed to the Court. [10] Although expressed in various ways, I understand that the questions which are identified as being important questions of law are: (a) When considering the relationship between the HPCA Act, the Act, and the Human Rights Act 1993, at what point can an employer justifiably hold a “reason to believe” that their employee is practising below the required standard of competence? (b) Can a personal grievance, or proceedings in general, ever be bro...

3. Section 87F Report N Broadbent with Appendices A U [pdf, 15 MB]

   ...(consultant to Council) (hazardous substances) – Appendix I (i) Rob Van de Munckhof, Principal Environmental Engineer, Tonkin & Taylor (consultant to Council) (assessment in terms of NES for Assessing and Managing Contaminants in Soil to Protect Human Health) – Appendix J 9 Email dated 16th May 2018 from UNIO Environmental Limited 10 Letter dated 12th June 2018 from Kennedy Environmental Limited, Marshall Day Acoustics...

4. Criminal Procedure Act 2011: caseload performance for first 12 months [pdf, 672 KB]

   ...Category 3 offences 22 Category 4 offences 23 Overview The Criminal Procedure Act 2011 (CPA) came fully into force on 1 July 2013. The CPA is designed to make the criminal court system more efficient while protecting people’s fundamental human rights by:  Reforming and modernising court processes, for example, the streamlined category framework for criminal cases that more closely matches seriousness of offence (category 1, 2, 3 and 4 offences).  Enabling a move a...

5. [2007] NZEmpC WC 29/07 Hawkins v Commissioner of Police [pdf, 91 KB]

   ...charges arising from events that had occurred in the course of his employment as a police officer. He was discharged under s347 of the Crimes Act 1961 2 years later. Mr Brosnahan then wrote a detailed letter on 7 November 2003 to Russell Gibson, human resources manager, who had taken over from District Commander Lammas, in which he provided the details requested in 2001 and specified the remedies sought including reinstatement. [12] The parties then attended mediation...

6. [2006] NZEmpC AC 51/06 Fuiava v Air New Zealand Ltd [pdf, 118 KB]

   ...Sullivan had replied that it was not his decision and that the “boss upstairs” had made the decision. [25] Mr Sullivan denied having made this statement and said that the decision was his, although it is clear that he received assistance from human resources and had kept his senior managers fully informed. Mr Sullivan said that one of the senior managers had wanted the dismissal to be summary, but had accepted Mr Sullivan’s decision to give the plaintiff four weeks’ pay i...

7. [2012] NZEmpC 179 Drader v Chief Executive of the Ministry of Social Development [pdf, 189 KB]

   ...had not appreciated the significance of her telephone call to client A as she had not told Mr MacPherson about it, and this caused Mr MacPherson to question her judgment as a manager. [20] Mr MacPherson then contacted Clive Kilgour, a Senior Human Resources Consultant and asked how he should proceed. He was advised to tell Ms Drader about the complaint and that a formal process under the Ministry’s Code of Conduct (the Code) would begin immediately. Mr MacPherson returned to t...

8. Foreman v Sanders – Estate of Rachel Ngeungeu Zister (2013) 63 Waikato Maniapoto MB 286 (63 WMN 286) [pdf, 191 KB]

   ...Manuka Henare’s article is reasonably wide-ranging, nowhere does he ascribe the definition people for the word whenua. The closest he comes to it is when he indicates that philosophically people do not see themselves as separate from nature, humanity and the natural world being descendants of the earth mother, thus the resources of the earth do not belong to humankind but rather humans belong to the earth. [47] Ms Sanders also attaches an extract from a well known Māori academic...

9. [2015] NZEmpC 43 Harris v TSNZ Pulp and Paper Maintenance Ltd [pdf, 336 KB]

   ...were surprised to find these documents attached to the collective agreement, and at Mr Yukich’s insistence that they be so because it was said to have been part of his practice. This was not something that the defendant’s very experienced human resources manager had encountered previously. It was also described as very unusual by another very experienced human resources practitioner, Tony Teesdale, who gave evidence for the defendant in the case. I have not seen, before this...

10. [2015] NZEmpC 76 Sealord Group Ltd v Pickering [pdf, 192 KB]

    ...contract. Nor was he able to give any rational explanation as to how and why it would have gone missing, had it ever existed. Mr Taylor said that Mr Pickering's employment agreement dated 19 January 2007 had been drawn up by Sealord's Human Resources Department (HR) and he believed that HR would also have drawn up the contract between Mr Pickering and United Fame but no one from HR was called as a witness to support that proposition. I found Mr Taylor's evidence in...