Search Results

1. [2019] NZEmpC 115 A Labour Inspector v IT-Guys NZ Ltd [pdf, 294 KB]

   ...discussed the drivers for change:8 Current enforcement levers, in particular, penalties and demand notices, are insufficient and inefficient ways to incentivise compliance with employment legislation by employers. They do not support appropriate responses for low- level non-compliance, nor do they adequately deter severe or long-standing non-compliance. The current system of enforcement does not effectively target non-compliant practices in workplaces. The Bill addresses this...

2. [2018] NZEmpC 156 NZ Tramways and Public Passenger Transport Employees’ Union (Wellington Branch) v Cityline (NZ) Ltd [pdf, 272 KB]

   ...proceeding was provisionally given a Category 2B classification for costs purposes. That is appropriate. If the parties cannot agree on costs, then Cityline may apply for costs within 20 working days of the date of this judgment, with any response from the Tramways Union to be filed within a further 20 working days and any memorandum in reply from Cityline then filed within another 10 working days. J C Holden Judge Judgment signed at 3.15 pm on 19 D...

3. Te Manutukutuku Issue 39 [pdf, 5.2 MB]

   ...themes. There will be an enormous amount of contextual material available to all with more than a pass­ ing interest. The next question many will ask is: 'where to from here?' The whole Rangahaua Whanui project demands a suite of policy responses by Government. Initially there should be a reconsideration of the overall framework for claims settlements. That work would look at whether the early estimates which informed the fiscal envelope policy still hold, or whether there i...

4. Willowridge Developments Ltd - Alison Devlin - EIC - 25 February 2022 [pdf, 329 KB]

   ...Consulting Ltd report (dated 2 August 2019, Ref: R5012-1A) and who shall supervise the excavation procedure and ensure compliance with the recommendations of this report. This engineer shall continually assess the condition of the excavation and shall be responsible for ensuring that temporary retaining is installed wherever necessary to avoid any potential erosion or instability. To be monitored throughout earthworks 9. If at any time Council officers, or its elected representati...

5. Solomon v Otte - Te Awapatiki- B2 & 2B3 (2021) 74 Te Waipounamu MB 125 (74 TWP 125) [pdf, 320 KB]

   ...There are several kaimoana gathering areas accessed from the farm property with one area only accessible from the part of the block known as the Point. The respondents say their customary access to this area will be restricted by the partition. In response the applicant says that he would never prevent his hūnau from accessing the area. But, the fact that owners would need to seek permission to cross the block to access the reef is a restriction in itself. This is 74 Te Waipounam...

6. [2021] NZEnvC 108 Manukorihi Tarau on behalf of Ngai Taiwhakaea v Whakatane District Council [pdf, 1.1 MB]

   ...jurisdiction to consider or determine these three appeals. B: The applicant and the Council seek that the appeals be struck out. The appellants are directed to advise the Court within 15 working days of the date of this decision of their position in response. REASONS Introduction [1] This decision concerns a preliminary issue of jurisdiction. The question is whether these three appellants have a right of appeal against the Council's decision granting resource consents to...

7. [2021] NZEmpC 153 WN v Auckland International Airport Ltd [pdf, 226 KB]

   ...September 2021 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] The plaintiff has worked for Auckland International Airport Limited for 15 years. The company considers him to be a worker covered by the COVID-19 Public Health Response (Vaccinations) Order 2021 (the Order) and that, to continue in his role, he must be vaccinated. The plaintiff has decided not to be vaccinated. The company has given him notice of termination of his employment and has not allowed...

8. [2023] NZEnvC 013 Port Marlborough New Zealand Ltd v Marlborough District Council [pdf, 918 KB]

   ...natural processes that occur within them are unique and highly valued. Marlborough's tangata whenua iwi have particularly strong cultural ties to the Marlborough Sounds, both historic and contemporary. As tangata whenua, they carry a cultural responsibility for sustainable outcomes. The objective seeks to maintain the ecological; physical and cultural qualities, and amenity values, that contribute to the iconic character of the Marlborough Sounds as a base from which enhancement can...

9. [2023] NZEnvC 081 Nga Kaitiaki o Te Awa a Ngaruroro [pdf, 1.9 MB]

   ...comments concerning matters of drafting, not substance. [4] The Court also directed Forest and Bird liaise with the Regional Council to consider a potential issue arising from the deletion of the second row of Schedule 1A. The Court accepts the response given by way of memoranda of WWNZ (which conferred with Forest and Bird and the Regional Council) dated 16 and 27 March 2023. No amendments to the Order are necessary arising out of this issue. [5] The comments made by those who...

10. [2023] NZIACDT 8 - BC v Murthy (22 March 2023) [pdf, 236 KB]

    ...for payment by instalments. The monies paid in advance therefore remained the property of the complainant. While she had earlier invoiced these monies, they were not payable until the residence service was completed. [46] Ms Murthy accepts responsibility and apologises for the error. She has breached cl 25(a) and (e). The fourth and fifth heads are upheld. (6) Failing to provide the Authority with a complete client file, in breach of cl 26(e) (7) Failing to maintain a well-m...