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1. BORA Home and Community Support (Payment for Travel Between Clients) Settlement Bill [pdf, 202 KB]

   ...wages payable under the Minimum Wage Act for travel between clients prior to the commencement of the Bill cannot be pursued and must be treated as if they had been withdrawn or are incapable of being lodged. 9. The Crown has no direct employment responsibility for home care workers and is not a party to the existing proceedings before the Employment Relations Authority. Clause 6(3), however, explicitly prevents HCS employees from naming, joining, or seeking any remedy or relief from the...

2. Gill v ACC [2013] NZACA 17 [pdf, 22 KB]

   ...the Authority, the Authority may order the party requesting the adjournment to pay such costs as it considers reasonable. [10] In view of the obvious inconvenience to the Corporation and to the Authority I would normally order costs against the responsible party, but for the same reasons that I noted at paragraph [7], it would not be appropriate in this case and there will be no order as to costs. [11] Section 110(3)2 does not on the face of it allow the Authority to order costs...

3. Fehling v Appleby (Bankruptcy) [2014] NZHRRT 17 [pdf, 42 KB]

   ...printed on 17 February 2014) attached to Mr Bell’s memorandum contains an entry which reads: Unsecured creditor with POD $2,037,703.50. [4] Mr Bell sought the further directions of the Tribunal in light of this information. [5] In response Mr Fehling has submitted that s 76 of the Insolvency Act 2006 has no application to the proceedings before the Tribunal. [6] In further submissions Mr Bell has made three points: [6.1] Section 76(1) of the Insolvency Act applies. [...

4. TK v GC LCRO 245/2015 (5 April 2016) [pdf, 31 KB]

   ...is not disputed that the determination was served on Mr TK. There is clear evidence that the determination was sent to the address provided by Mr TK and Mr TK has confirmed receipt. If Mr TK had temporarily moved out of that address it was his responsibility to arrange for any post to be re-directed. [16] The provisions of s 198 of the Act are stated in mandatory terms and there is no statutory discretion to ameliorate their harshness. I accept that this may be a harsh result and...

5. LD v KR [2012] NZIACDT 6 (13 March 2012) [pdf, 51 KB]

   ...the “Immediate Skill Shortage List”. Accordingly, the position did not need to be advertised; it followed that if the employer left the position of employment open, Immigration New Zealand could process Mr LD’s application regardless of the response to the advertisement. [10] The employer said that more qualified staff had been engaged, as it appeared Mr LD’s visa would not be renewed and there had been an opportunity to improve the company’s skill base. [11] Immigration New...

6. Ngati Pahauwera Supplementary Affidavit on behalf of Trustees [pdf, 394 KB]

   ...Annexed and marked ‘G’ is ‘Cultural Health assessment of the Mohaka, Waikari and Waihua rivers’.7 This is a comprehensive report on the health of these three rivers. It gives the Ngati Pahauwera perspective and explains why we feel the responsibility to protect our taonga. This report reinforces that we have been monitoring the health of our streams and rivers for many years. 10. Annexed and marked ‘H’ is ‘Ngati Pahauwera Incorporated Society Strategic Plan’.8 Page...

7. Minute of the Environment Court (dated 23 March 2017) [pdf, 153 KB]

   ...it has, at the same time the Society will need to specify whether it is seeking copies of these records (which can include electronically) or to inspect them (or something else). If an application is filed the court will issue directions for a response from the applicant and any application for confidentiality can be dealt with at that time. 3(b)-(c) - the appellant has been directed to file an application for confidentiality orders. Again, it is my expectation that the parties li...

8. Almirante & Others v Sparks [2018] NZIACDT 10 (3 April 2018) [pdf, 88 KB]

   ...provided unlawful immigration advice to any of the above clients/complainants; (ii) that he was necessarily relying on unlicensed people to provide unlawful immigration advice to any of the above clients/complainants; and (iii) that he is or should be responsible for any separate fees charged by a Philippines manpower agency ("Agency") to any of the above clients/complainants for services separately provided by that Agency in the Philippines. [3] Since making those admissions...

9. [2018] NZEnvC 037 Reuters Construction Limited v Whanganui District Council [pdf, 162 KB]

   ...the costs indicated in the application should not be included because they pre-dated the application for the declaration. Discussion [12] I accept entirely that the way in which the Council conducted its side of the litigation was efficient and responsible. I acknowledge too that the Court, as outlined in the Practice Note, will not in the general run of cases make an award against a public body whose decision is the subject of the proceedings. [13] I do though have to say that I...

10. [2018] NZEnvC 69 Save the Otago Peninsula Inc Society v Dunedin City Council [pdf, 836 KB]

    ...reasonably have been finished by 4 May in accordance with the court's direction. (c) It seems inevitable to the applicant that it will face further cost and delays because to date the section 274 parties have not invested in their case in a responsible fashion. [16] While Mr Granger and his co-appellants could have acted more expeditiously, I can understand that they might have been disconcerted by the STOP withdrawal especially in this rather complicated situation where there ar...