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  1. [2017] NZEmpC 161 Aslam v Transportation Auckland Corp Ltd [pdf, 284 KB]

    ...BETWEEN MOHAMMAD ASLAM Plaintiff AND TRANSPORTATION AUCKLAND CORPORATION LIMITED Defendant Hearing: 18-19 October 2017 (Heard at Auckland) Appearances: M Aslam, plaintiff S Worthy, counsel for defendant Judgment: 14 December 2017 JUDGMENT OF JUDGE J C HOLDEN Introduction and outcome [1] The plaintiff, Mr Aslam, had been employed as a bus driver for the defendant, Transportation Auckland Corporation Ltd (Transportat...

  2. [2010] NZEmpC 84 Secretary for Justice v Dodd [pdf, 126 KB]

    ...SECRETARY FOR JUSTICE Plaintiff AND CATHERINE ANNE DODD Defendant Hearing: 10-12 March 2010 (Heard at New Plymouth) Appearances: Alastair Sherriff and Deirdre Marshall, Counsel for Plaintiff Susan Hughes QC, Counsel for Defendant Judgment: 2 July 2010 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] This is a challenge by hearing de novo to the determination1 of the Employment Relations Authority that Catherine Dodd was dismissed unjustifiably and reinstating her as m...

  3. [2022] NZEnvC 169 NZ King Salmon v Marlborough District Council [pdf, 624 KB]

    ...highly variable, particularly in high-flow locations, and does not tend to increase until enrichment levels are relatively high. Organic matter is therefore weighted less than sediment chemistry. There is, of course, a residual degree of expert judgement in these weightings. 25 Newcombe affidavit dated 11 June 2021 at [36]. 26 Newcombe affidavit dated 11 June 2021 at [37]. 27 Newcombe affidavit dated 11 June 2021 at [38] 15 [34] Dr Newcombe further comments that th...

  4. [2021] NZEnvC 180 Northern Land Property Limited v Thames-Coromandel District Council [pdf, 2.2 MB]

    IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2021] NZEnvC 180 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under clause 14 of Schedule 1 to the Act relating to the proposed Thames-Coromandel District Plan BETWEEN NORTHERN LAND PROPERTY LIMITED (ENV-2016-AKL-000116) Appellant AND THAMES-COROMANDEL DISTRICT COUNCIL Respondent AND PRESERVE NEW CHUM FOR EVERYONE INCORPORATED WHANGAPOU

  5. [2025] NZLVT 019 – Flath v Minister for Land Information (9 May 2025) [pdf, 505 KB]

    ...assertions of the Claimants. The Crown submits:19 27. The Crown’s position is as follows. 28. The Crown has indeed steadfastly maintained a point of principle in this 15 Flath v Minister for Land Information [2025] NZCA 40 at [16]. 16 Tribunal judgment, above 1, at [28] and [32]; and High Court judgment, above n 1, at [114]: “the hypothetical subdivision assessment is undertaken to ensure the full value of the property is recognised. In this case there was some value added by...

  6. [2023] NZEnvC 262 Puketotara Lodge Ltd v Bluegum Gospel Hall Trust [pdf, 231 KB]

    ...the ability to review and declare whether an administrative decision was appropriate. This was reinforced by the Environment Court in Trustees of the Motiti Rohe Moana Trust v Bay of Plenty Regional Council:10 [69] For those reasons, in my judgment the scope of any other matter under s 310(h) of the RMA is not unlimited and does not provide a basis, on its own, for the Court to judicially review an administrative action under the RMA. … [79] I do not consider that the Enviro...

  7. [2013] NZEmpC 111 Young v Board of Trustees of Aorere College [pdf, 102 KB]

    ...AND BOARD OF TRUSTEES OF AORERE COLLEGE Defendant Hearing: 18 June 2013 (Heard at Auckland) Appearances: Mr Gregory Bennett, advocate for plaintiff Mr Richard Harrison and Ms Emily McWatt, counsel for defendant Judgment: 18 June 2013 ORAL JUDGMENT OF JUDGE CHRISTINA INGLIS [1] The plaintiff is challenging a determination of the Employment Relations Authority, declining to re-open a matter investigated and determined by it. 1 The c...

  8. Barnes v Adlam – Matata Parish 39A 2A Ahu Whenua Trust (2015) 127 Waiariki MB 184 (127 WAR 184) [pdf, 291 KB]

    ...Dowthwaite, for the trustees of Matata 39A 2A Trust Ms B Arapere, for the trustees of Matata 39A 2B 2B 2A Trust Ms T Wara, for Helen Savage and Raelyn Peita Mr M Sharp, for Lawrence Niao and Rihi Niao Mr D Hughes, for Beverley Adlam Judgment: 10 September 2015 RESERVED JUDGMENT OF JUDGE C T COXHEAD Copies to: Mr D Dowthwaite, DX JP30009, Rotorua 3046 – Ms B Arapere, DX CP 2053 – benadette@wwandd.co.nz Ms T wara, DX JP30025, Rotorua 3046 – terena@tu...

  9. Allan v Christchurch City Council [pdf, 81 KB]

    ...of Lords in Williams. William Young P carefully examined the evidence relating to Trevor Ivory Limited. At [23] it was noted the company was a one-man company owned and controlled by Mr Trevor Ivory.12 His Honour then cited Lord Steyn’s judgement in Williams at 837 – 838: “Postulate a food expert who over ten years gains experience in advising customers on his own account. When he incorporates his business as a company and he so advises his customers… Surely, it canno...

  10. Ferguson v Accident Compensation Corporation (Work-related gradual process injury) [2024] NZACC 167 (22 October 2024) [pdf, 295 KB]

    ...AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 18 October 2024 Held at: Nelson District Court Appearances: A Brooke for the Appellant J Maslin-Caradus and T Babe for the Accident Compensation Corporation (“the Corporation”) Judgment: 22 October 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for work-related gradual process injury - s 30, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dat...