Search Results

1. EMPC Old dogs new tricks conference presentation [pdf, 239 KB]

   ...whom bargaining relates; and any other matter considered relevant, including background circumstances and the circumstances of the union and the employer. These, in turn, include the operational environment of a union and the employer and the resources available to those parties. Finally, s 32 does not prevent an employer from communicating with the employer’s employees during collective bargaining (including, without limitation, the employer’s proposals for the collective ag...

2. Graham - Parish of Komakorau Lot 240B 2 (2014) 80 Waikato Maniapoto MB 260 (80 WMN 260) [pdf, 185 KB]

   ...at Taupiri, I agree it’s filling up dramatically. [31] Jane Stevens gave evidence at both hearings. I summarise her evidence as follows: a) She and her partner David McPherson have built a house and business on an adjoining lifestyle block. Resource consents were required for that. During that process she had struck up a relationship with the then trustees of the Kaiahi Whānau Trust and expected that a similar relationship would be reciprocated; b) Ms Stevens has found commu...

3. Canterbury Westland Standards Committee v Simes [2012] NZLCDT 28 [pdf, 216 KB]

   ...inevitable that the charges would be found not proven by the Tribunal it was submitted. [25] The significant cost to Ms Simes in defending herself against the charges was also noted in her submissions to the Tribunal, including the impact on her resources given the modest profitability of her practice. It was said that the facts had shown that Ms Simes had applied herself conscientiously to ensuring her professional obligations were observed, and that as a consequence of the cha...

4. Trustees of the Maungatautari 4G Section IV Trust v Maungatautari Ecological Island Trust - Maungatautari No 4G Sec IV [2015] Māori Appellate Court MB 634 (2015 APPEAL 634) [pdf, 314 KB]

   ...put up without the express consent of the landowners, the first respondents desecrated a wāhi tapu site, and access to the block has been obstructed by MEIT and WDC in the past. Further, counsel argued that MEIT and WDC continue to flout the resource consent conditions and operate guided tours. [32] In addition, Mr Garrett says that the appellants have made genuine attempts to resolve this dispute. The parties have attended two mediations, one in December 2014 and the other in Ma...

5. Justice Sector Outlook June 2016 [pdf, 889 KB]

   ...expenditure for the year to June 2016 was $137.5m, 3% below its appropriation value of $141.9m. Legal aid expenditure is higher than in recent years, as forecast. This is due to: • Decrease in cases allocated to the Public Defence Service, due to resource constraints. • Increase in applications for legal aid, partly due to the increased Police focus on family violence. Legal aid expenditure is currently forecast to remain at about the current level, on the assumption of steady volum...

6. [2017] NZEnvC 126 T Barrett v Thames Coromandel District Council [pdf, 9 MB]

   ...future passenger and goods movement and commercial activities. Objective 1 provides the: ... district transport network meets the foreseeable needs of the district's communities, is safe for all transport users, and enables efficient use of resources (including being energy efficient). There are no particularly relevant policies deriving from this objective, but nevertheless we have no difficulty in concluding that it applies to airfields. Objective S is also directly relevant:...

7. Justice Sector Outlook June 2016 [pdf, 1004 KB]

   ...expenditure for the year to June 2016 was $137.5m, 3% below its appropriation value of $141.9m. Legal aid expenditure is higher than in recent years, as forecast. This is due to:  Decrease in cases allocated to the Public Defence Service, due to resource constraints.  Increase in applications for legal aid, partly due to the increased Police focus on family violence. Legal aid expenditure is currently forecast to remain at about the current level, on the assumption of steady volum...

8. Ratahi v Parininihi Ki Waitotara Incorporation - Section 53 Block IX Opunake SD being part Ngati Kahumate Block comprised in CT D4/240 (2007) 195 Aotea MB 127 (195 AOT 127) [pdf, 4.2 MB]

   ...all given that no subsidiary application was before the Court that could not have been lodged sooner; and (f) the objectors are relatively unsophisticated and without means while the incorporation has at its disposal immense legal and financial resources. In the context of natural justice it would be wrong to allow the incorporation opportunity time and again to recast its application until such time as it was in a form ready to be accepted by the Court. [19) In summary, counsel r...

9. Waitangi Tribunal Hearing Calendar (28 February 2019) [pdf, 587 KB]

   ...1 Wai 898 - Te Rohe Potae claims – Panel: Judge Fox, Harris, A; Temara, P; Moko-Mead, TH & Baird, J / Staff: Wehipeihana, TR; Dyall-Kalidas, R 2 Wai 2358 - The National Fresh Water and Geothermal Resources – Panel: Chief Judge Isaac; Crosby, R; Anderson, R; Phillipson, G; & Temara, P / Staff: Cameron, J; Vaafusuaga, T; Moko-Mead, H; Burke, C 3 Wai 2200 – Porirua Ki Manawatū – Panel: Judge Fox, Phillipson, G; Kidd, D; Simpson, T

10. [2019] NZEmpC 12 A Labour Inspector v Daleson Investment Ltd [pdf, 376 KB]

    ...payment of sums owed is evidence of contrition … Belatedly doing what the law required to be done at an earlier time amounts to no more than the late performance of a duty. [34] It goes without saying that the Labour Inspector does not have the resources to pursue every underpayment claim on behalf of affected employees. Employers, who might otherwise be minded to seek to avoid their obligations, need to be encouraged to comply without waiting for the Labour Inspector to interven...