Search Results

1. [2023] NZEmpC 140 Taniwha v Te Runanga O Toa Rangatira Inc [pdf, 261 KB]

   ...the Rūnanga had advised Mr Taniwha he would need to be vaccinated as a result of the promulgation of the Order. [9] Detailed reference was made to a conversation which took place on 10 November 2021 between Mr Taniwha and the Rūnanga’s human resources manager, Mr Tamaki, for which the Authority had a transcript. In summary, the Authority recorded that Mr Taniwha had been told the Rūnanga considered that relevant staff needed to be vaccinated by 15 November 2021 or have receive...

2. OIA-105759.pdf [pdf, 2.5 MB]

   ...their service. Participants were asked if they found infection prevention materials readily available throughout their juror service. Infection prevention materials includes N95 masks and hand sanitiser. Overall, 95.1% of jurors agreed that these resources and materials were readily available when they needed them during their service. This is the highest agreement rating for the ‘Health and Safety’ section of the survey. Additionally, this is the highest agreement rating from the s...

3. Final-Technical-Assessment-F-Hydrology-and-Flooding-updated-23-Dec-2022_Part2.pdf [pdf, 20 MB]

   ...placement of other project features in floodplains where practicable. (c) Avoiding or minimising exacerbating the existing flood hazard. (d) Culverts on permanent streams with existing or potential fish habitat will be designed consistent with the Resource Management (National Environmental Standards for Freshwater Regulations 202 ("NES Freshwater") Regulation 70. 112. Additional information on the design philosophy is provided in the DCR (Appendix 4 to Volume II). A...

4. [2024] NZLVT 018 - Marsden City Ltd Partnership v Whangarei District Council (10 April 2024) [pdf, 291 KB]

   ...units and the value is finalised at $32,262,000. This case compares with those where the question of the future potential of subdivision was being debated. Here there is no question that such potential existed. The site was already zoned, resource consents issued, and infrastructure fully implemented except for the problems which had occurred with the piping. As we understand it, those issues have been addressed by the Council who had the infrastructure vested in them. The...

5. [2024] NZEmpC 4 Bread of Life Christian Church in Auckland v Chen [pdf, 221 KB]

   ...concern in relation to financial viability. 16 See SP Blinds Ltd v Hogan [2022] NZEmpC 104, [2022] ERNZ 416 at [11]; as referred to in Jeon, above n 15, at [11]. 17 Grove v Archibald [1997] 2 ERNZ 125 (EmpC) at 128–129; and Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 186 at [19]–[20]. Is the challenge being pursued in good faith? [45] I accept, based on the information currently before the Court that the Trust’s challenge is being pu...

6. OIA-104489.pdf [pdf, 2.3 MB]

   ...in Tribunal’s Jurisdiction • The New Zealand Law Society (NZLS) supports this recommendation. • Community Law Centres o Aotearoa (Community Law) supported this recommendation, and conveyed the following views: o Significant increase in resourcing is necessary to reflect the corresponding increase in caseload. o Agreed that the jurisdictional increase be reviewed in 3-5 years’ time. o Agreed to an expansion to the types of claims under the Disputes Tribunal’s jurisdicti...

7. Lealaiauloto-Saofaileta v ACC (Leave to appeal to the High Court) [2024] NZACC 60 [pdf, 214 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, 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 … . [38] In Gilmore,3 Dunningham J stated: [55] I accept that, for the purposes of leave,...

8. [2024] NZEmpC 109 LDJ v EZC [pdf, 249 KB]

   ...raised a personal grievance and sought three months’ lost wages. After negotiation, they were offered and accepted a sum of $20,000 in settlement of their claims. The settlement agreement was signed by the applicant and the respondent’s human resources director, but was not certified by an MBIE-employed mediator under s 149 of the Act. [4] The applicant’s position is that when they signed the settlement agreement, they did not have the requisite mental capacity to do so....

9. [2023] NZEmpC 164 F & B Remuera Ltd v A Labour Inspector [pdf, 269 KB]

   ...Broadspectrum (NZ) Ltd v Nathan [2017] NZCA 434, [2017] ERNZ 733; applying Keung v GBR Investment Ltd [2010] NZCA 396, [2012] NZAR 17 at [11]; and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48 (HC) at [9]. 15 Bathurst Resources Ltd v L & M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. [37] In weighing the competing factors, regard will be had to the balance of convenience. Overarching consideration will then be given...

10. Greive v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 156 (30 September 2024) [pdf, 180 KB]

    ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person's underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. 9 (3) The fact that treatment did not achieve a desired result does not, of i...