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1. [2025] NZEmpC 94 A Labour Inspector of the Ministry of Business, Innovation and Employment v Elements Therapeutic Massage Limited and other(s) [pdf, 192 KB]

   ...(the Act) states that a challenge must be filed within 28 days of the date of the Authority’s determination. However, pursuant to s 219 of the Act, the Court has jurisdiction to make orders extending time. The overriding consideration is the justice of the case. The following matters, where relevant, are material to the exercise of the discretion:6 (a) the reason for the omission to bring the case within time; (b) the length of the delay; (c) any prejudice or hardship to any...

2. [2007] NZEmpC WC 17/07 Finau & Ors v Southward Engineering Co Ltd [pdf, 66 KB]

   FINAU AND ORS V SOUTHWARD ENGINEERING CO LTD WN WC 17/07 25 July 2007 IN THE EMPLOYMENT COURT WELLINGTON WC 17/07 WRC 28/06 IN THE MATTER OF the referral of a question of law from the Employment Relations Authority BETWEEN KEN FINAU OKA MAIAVA MARK REYNARD NIKO ALOISIO CHRISTOPHER DOWNS LYLE SMITH LEON MAKARA Applicants AND SOUTHWARD ENGINEERING COMPANY LIMITED Respondent Hearing: 16 November 2006 (Heard at Wellington) Court: Judge G L Colgan Ju...

3. Peters v Foster – Hereheretau B2J8 and B2 K2B (2015) 54 Tairawhiti MB 147 (54 TRW 147) [pdf, 209 KB]

   54 Tairawhiti MB 147 IN THE MĀORI LAND COURT OF NEW ZEALAND TAIRAWHITI DISTRICT A20150002306 A20150003096 UNDER Sections 67,238, 240 Te Ture Whenua Māori Act 1993 IN THE MATTER OF Hereheretau B2J8 and B2K2B BETWEEN RAWINIA TE RITO PETERS Applicant AND ESTHER FOSTER AND HEREMIA HAKOPA Respondents Hearing: 4 June 2015, 49 Tairawhiti MB 226-235 21 July 2015, 50 Tairawhiti MB 297-356 (Heard at Wairoa) Appearances:...

4. BORA Misuse of Drugs Amendment Bill [pdf, 171 KB]

   ...Act (importing precursor substances knowing they will be used in the production or manufacture of controlled drugs) (cl. 12). 2.9 Amends s. 12 of the 1975 Act, which relates to offences of possession of needles (cl. 14). Presumption of supply matters 3. Section 6(1)(f) of the Misuse of Drugs Act creates an offence of having any controlled drug in one’s possession for certain proscribed purposes (e.g. to supply, or to administer, or to sell). Section 6(6) provides that for the purp...

5. LCRO 264/2016 YQ v VG [pdf, 174 KB]

   ...involvement as lawyer for Ms YQ’s employer. Background [2] Mr VG’s part in Ms YQ’s affairs was to advise and represent the school’s Board and a Limited Statutory Manager appointed for the Board (the employer) on employment-related matters, and to investigate the history of Ms YQ and others’ employment at the school. [3] Ms YQ had been principal of the school between [Date Period]. Her employment was suspended, and then terminated, because the employer concluded 2...

6. 2020 NZEnvC 142 Environmental Defence Society Incorporated v New Zealand Aluminium Smelters Limited [pdf, 16 MB]

   ...lnalco and EDS. 4 Section 278 Resource Management Act 1991. 4 [7] The application for discovery involves both tailored and non-party discovery pursuant to Rules 8.8 and 8.21 respectively. Tailored discovery must be ordered when the interests of justice require an order involving more or less discovery than that required by standard discovery, as in this case where a specific document is sought. Non-party discovery is provided for occasions where a third-party is in control of doc...

7. LCRO 253/2015 SL v NA (28 June 2019) [pdf, 249 KB]

   ...expired in September 2016. Since that time Mr Vaughan has been acting as a delegate appointed pursuant to cl 6 sch 5 of the Act. 4 the final determination of this review as set out in this decision is made following a full consideration of all matters after receipt of Mr Vaughan’s report and discussion. [16] Mr LT QC has acted for Mr SL throughout. [17] Completion of this review has been protracted and the Office apologises to the parties for the delays occurring. Further d...

8. 2021-04-07 - ORC - legal submissions - scope [pdf, 266 KB]

   ...Environment Court must:3 (a) apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; and (b) may exercise the powers under section 293. 3 Clause 10 of Schedule 1 to the Act provides for the making of decisions on provisions and matters raised in submissions. 4 In giving its decision on the provisions of PC? and any matters raised in submissions,4 the Court must be satisfied that there is scope to make any such amendments to PC7. In doing so, the Court must consi...

9. Pokere v Bodger - Ōuri 1A3 (2022) 459 Aotea MB 210 (459 AOT 210) [pdf, 585 KB]

   459 Aotea MB 210 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O AOTEA In the Māori Land Court of New Zealand Aotea District A20220007002 A20220008582 A20220008583 WĀHANGA Under Sections 19, 231, 237, 238 and 338, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Ōuri 1A3 I WAENGA I A Between JAMES MOHI POKERE (i mate/deceased) and DONNA POKERE PHILLIPS Ngā kaitono Applicants Nohoanga: Hearing 1-2 Mahu

10. [2017] NZEnvC 190 Hood v Dunedin City Council [pdf, 4.6 MB]

    BEFORE THE ENVIRONMENT COURT Decision No. [2017] NZEnvC 190 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN KAND S HOOD (ENV-2017 -CHC-003) Appellants AND DUNEDIN CITY COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner R M Dunlop Hearing : at Dunedin on 13 and 14 November 2017 Appearances: C Thomsen for the appellants R Brooking for the respondent D McLachlan and B Irving for the appl...