Search Results

1. [2019] NZEmpC 51 Goleman Wellington Cleaning Ltd v Nicolle [pdf, 330 KB]

   ...Nicolle be penalised for breaching the settlement agreement. The stay [5] Goleman has applied for a stay of execution of the determination. The application was supported by an affidavit of David Fuimaono, who is Goleman’s National Human Resources and Compliance Manager. Mr Fuimaono described in detail the background to the employment relationship problem that led to the settlement agreement. He concentrated on allegations that Mr Nicolle had breached a non-disparagement c...

2. [2018] NZEnvC 150 Aquastar Holdings Ltd v Kawerau District Council [pdf, 2 MB]

   iBEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND AND BETWEEN AND Decis ion No. [2018] NZEnvC I 50 of the Resource Management Act 1991 of an appeal against an abatement notice under s 325 of the Act of an application for enforcement orders under s 314 and 316 of the Act AQUASTAR HOLDINGS LIMITED (ENV-2017-AKL-114) Appellant/Respondent KAWERAU DISTRICT COUNCIL Respondent/Applicant (ENV-2017-AKL-127) Court: Environment Judge DA Ki...

3. Millar v Ministry of Social Development (Referral back to Human Rights Commission) [2014] NZHRRT 45 [pdf, 42 KB]

   ...would appear that no or no real attempt has hitherto been made to engage with the mediation process offered by the Human Rights Commission. Before parties embark on what is likely to be substantial litigation involving the deployment of considerable resources, mediation should be attempted to either settle the case or to facilitate a better understanding of the opposing party’s case. This, in turn, will allow more focussed pleadings before the Tribunal and the avoidance of unnecessary...

4. 2017-NZEnvC-048 Okura Holdings Limited v Auckland Council [pdf, 165 KB]

   ...Forest and Bird do not claim to be unduly prejudiced by introduction of a new party to the proceedings at this time. [7] They are nevertheless concerned that there is already a complex range of issues needing to be addressed, and significant resources will need to be committed to progressing those issues through cases management, the preparation of evidence and ultimately to substantive hearing. [8] The Society and Forest and Bird are concerned that introduction of a new party m...

5. [2020] NZEmpC 130 Tolson v Potter [pdf, 188 KB]

   ...accept that the amount sought is fair. [6] He makes two principal points: (a) The times allocated for various steps seem excessive – Mr Tolson points to the time allocations for filing memoranda as an example. (b) He has limited resources and it would be unfair to order him to pay the amount now claimed. He raises the issue of access to justice and notes that the amount sought exceeds his annual superannuation. [7] He says he turned down the Calderbank offer b...

6. [2019] NZEmpC 107 Suncorp New Zealand Employees Ltd v Timms [pdf, 219 KB]

   ...redundancy compensation. Leave was granted to apply if the quantum issue could not be resolved. The plaintiff says that its challenge is directed at liability and that it would be an inefficient use of both the parties’ time and the Authority’s resources to apply to the Authority in respect of quantum while a challenge to liability is on foot. Further, the Authority has not yet determined costs and may not need to do so depending on the outcome of the challenge. It is also s...

7. How to manage changeovers, new partners and step-families [pdf, 313 KB]

   Changeovers and helping children move between two homes A Parenting Through Separation programme factsheet. M O J0 56 7C _O C T1 8 To find out more, go to justice.govt.nz/family/resources 1. What to expect at changeover between parents • Young children may be clingy, cry or put up a fight. • Older children may complain and not want to go. 2. Understand why your children may be upset about moving between homes • It’s hard for your children to leave you behind. They love...

8. 2022-03-02 Minute - PC8 - re conducting PC8 (Urban Provisions) hearing + COVID-19 protocols [pdf, 132 KB]

   ORC PC8 – MINUTE 2 MARCH 2022 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 8: Water for Otago (referred to the Environment Court by the Minister for the Environment under s142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-128) Applicant ______________________________________________________...

9. [2021] NZACC 48 - Phelps v ACC (15 March 2021) [pdf, 189 KB]

   ...NZLR 339, 353-354 (CA); Edwards v Bairstow [1995] 3 All ER 48, 57. [25] Even if the disqualifying criteria are made up, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law e.g. Jackson v Kenyon above. The applicant’s case [9] • Mrs Phelps...

10. 2021-07-09 ORC - MOC- re PHC [pdf, 128 KB]

    447585.45#5377771v1 IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Omnibus Plan Change - Plan Change 8 being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under s 142(2)(b) of the RMA AND IN THE MATTER of an application under s 149T of the RMA...