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1. [2024] NZEnvC 091 Crafar v Taupo District Council [pdf, 355 KB]

   ...Furthermore, there is clear policy direction from government that encourages electrification as a means to decarbonise and the proposal enables and supports that direction. This will mean from time to time, decisions are to be made exercising judgment on what particular land-use may occur on a site including a potential change in land-use. [10] The Commissioner considered that overall, the project will have significant positive effects. As a renewable energy development, it will...

2. [2023] NZEnvC 254 G I Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 299 KB]

   ...industrial activities are occurring at the property despite the fact that the requirements of the Structure Plan and the staged infrastructure requirements have not been satisfied. [36] We have more to say on the actions of Council later in this judgment but, suffice to say, the somewhat inconsistent approach taken by Council to the activities on this site over the years has not made our task any easier. [37] Despite that background, we find it clear that the abatement notice was...

3. [2014] NZEmpC 233 Wills v Goodman Fielder NZ Ltd [pdf, 271 KB]

   ...Plaintiff AND GOODMAN FIELDER NEW ZEALAND LIMITED Defendant Hearing: 3 - 6 November 2014 (Heard at Christchurch) Appearances: L Ryder and J Goldstein, counsel for the plaintiff T Clarke, counsel for the defendant Judgment: 22 December 2014 JUDGMENT OF JUDGE B A CORKILL Introduction [1] Mr Keith Wills was employed as a baker by Goodman Fielder New Zealand Limited (Goodman Fielder) or its predecessor company, from 1978. By 20...

4. [2019] NZEmpC 132 Chief Executive of Manukau Institute of Technology v Zivaljevic [pdf, 300 KB]

   ...EXECUTIVE OF MANUKAU INSTITUTE OF TECHNOLOGY Plaintiff AND ALEKSANDER ZIVALJEVIC Defendant Hearing: 3 September 2019 Appearances: Merepaia King and M Cassaidy, counsel for plaintiff A Zivaljevic, defendant Judgment: 25 September 2019 JUDGMENT OF JUDGE J C HOLDEN [1] This judgment deals with two issues: (a) Whether the communications sent by the defendant, Mr Zivaljevic, to the plaintiff, the Chief Executive of the Manukau In...

5. [2025] NZEmpC 124  E Tū Inc v Mainland Poultry Ltd [pdf, 294 KB]

   ...Defendant Hearing: 11 April 2025 (Heard at Dunedin and by submissions filed on 30 April 2025, 8 May 2025 and 13 May 2025) Appearances: E Griffin and N Santos, counsel for plaintiff G Bevan and G Brimble, counsel for defendant Judgment: 26 June 2025 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] This case involves an issue about the correct interpretation of a provision in a collective agreement. If the provision is interpreted as E T...

6. [2023] NZEnvC 027 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 1.4 MB]

   ...submitted that under the category Community Activities, there are various activities, sports ground, playing fields, club rooms, ablution buildings and then Places of Assembly. The question of whether it is a Place of Assembly or not is a question of judgement. Some Places of Assembly might sell programmes for the theatre or sell teas and drinks and even liquor at half time, etc. Others are treated as retail establishments because that is considered the dominant activity. Illustr...

7. [2014] NZEmpC 186 Phillips v Croft Pole Distributors Ltd [pdf, 55 KB]

   ...DISTRIBUTORS LIMITED Defendant Hearing: By plaintiff's memorandum filed on 15 August 2014 and affidavit filed on 26 September 2014 Appearances: G Bennett, advocate for plaintiff M Broadbelt, advocate for defendant Judgment: 26 September 2014 JUDGMENT OF CHIEF JUDGE G L COLGAN [1] Donald Phillips’s challenge to the determination of the Employment Relations Authority on 18 September 2013 dismissing his claims, 1 was filed by his...

8. [2022] NZACC 36 - Soulsby v ACC (11 March 2022) [pdf, 156 KB]

   ...SECTION 149 OF THE ACT BETWEEN ANDRE SOULSBY Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Appearances: Mr J Robinson, advocate for the appellant Ms F Becroft for the respondent Judgment: 11 March 2022 ____________________________________________________________________ RESERVED JUDGMENT AS TO COSTS OF JUDGE C J McGUIRE ____________________________________________________________________ [1] This is a judgme...

9. [2025] NZEmpC185 Lanigan v Fonterra Brands (NZ) Ltd [pdf, 201 KB]

   ...Hearing: 3 June 2025 (Heard at Christchurch via Audio Visual Link) Appearances: T Oldfield, counsel for first plaintiffs P Cranney, counsel for second plaintiff M Dew KC, R Rendle and J Greenheld, counsel for defendant Judgment: 22 August 2025 INTERLOCUTORY (NO 4) JUDGMENT OF JUDGE K G SMITH (Application for further and better disclosure) [1] In April 2023, the Employment Relations Authority dealt with an urgent application by Fonterra B...

10. [2008] NZEmpC CC 4A/08 Sefo v Sealord Shellfish Ltd [pdf, 86 KB]

    ...BETWEEN TERESA SEFO Plaintiff AND SEALORD SHELLFISH LTD Defendant Hearing: 31 March and 1 and 2 April 2008 (Heard at Nelson) Appearances: Peter Cranney, Counsel for Plaintiff A E Scott-Howman and M J McGoldrick, Counsel for Defendant Judgment: 17 April 2008 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The issues for decision in this challenge (other than by hearing de novo) to a determination of the Employment Relations Authority are: • whether Teresa Sefo was u...