Search Results

1. [2019] NZEmpC 43 Moody v Chamberlain [pdf, 241 KB]

   ...Needs Assessment Service Coordinator (NASC) and the Host provider). The partnership requires the disabled person to employ a family carer. The Host assists with initial and on-going advice on the employment relationship. The disabled person is responsible under the Notice for complying with employment requirements, including employing the family carer and complying with all laws as an employer. (emphasis added) [8] The plaintiffs seek four declarations, including that there ar...

2. CAC 519 v Saxton [2019] NZREADT 44 (31 October 2019) [pdf, 235 KB]

   ...condone, or find acceptable, and as such it lowers the standing and reputation of the industry. Irrespective of whether the complainants were in breach of a Council bylaw in putting up the signs (and that is not for us to determine), Mr Saxton’s response was not appropriate. [14] We take into account that Mr Saxton did not enter onto the complainants’ property in order to remove the signs. He removed the signs from the grass verges outside the complainants’ property. In the...

3. van Zyl v McNeil [2019] NZIACDT 40 sanctions (18 June 2018) [pdf, 103 KB]

   ...van Zyl to the Immigration Advisers Authority (the Authority) on 9 January 2017. Ms McNeil failed to respond to the Authority when it advised her of the complaint and invited her explanation on 15 June 2017. Ms McNeil also failed to provide any response to the Tribunal when invited to do so after the complaint had been referred to the Tribunal. 1 van Zyl v McNeil [2019] NZIACDT 27. 3 [8] As noted above, the Tribunal issued a deci...

4. Taylor v Corrections (Strike-Out Application) [2021] NZHRRT 1 [pdf, 139 KB]

   ...Tribunal’s request of 9 March 2020 in connection with his participation in a further teleconference. [11] On 11 May 2020 the Tribunal sent a further email to Mr Taylor requiring him to indicate whether he intended to continue with his proceedings. No response was provided. 3 [12] On 10 September 2020 Corrections filed an application seeking an order that Mr Taylor’s claim be struck out on the grounds of his failure to comply with directions and for want of prosecution. [13]...

5. [2020] NZEnvC 218 Wellington City Council v Livingstone [pdf, 3.7 MB]

   ...resource consent). [2] The Council lodged a memorandum of counsel (Mr Higbee) and an affidavit of Bryony Kate Harding Hutcheson (both dated 24 November 2020) in support of its application for those orders. [3] Mr Livingstone lodged a letter in response on 8 December 2020. [4] A hearing was convened on 17 December 2020 at Wellington and both parties were represented at that hearing. Discussion [5] The Council applied for interim enforcement orders under s 320 RMA. Section 320(3...

6. Environment Commissioner Auckland Application Pack [docx, 44 KB]

   ...Court is one Judge and a Commissioner but the general practice is for a Judge to sit with two Commissioners. With the approval of the Chief Environment Judge, a Commissioner or Commissioners may sit without a Judge. Commissioners, have, in addition, a responsibility to conduct mediation and facilitation of conferences of experts prior to hearings. Workload Environment Commissioners are appointed to undertake a workload based on either 75% (considered part-time) or 100% work time. The w...

7. [2020] NZEmpC 121 KAG v HST [pdf, 217 KB]

   ...determination and costs. By minute to the parties, dated 24 June 2020, counsel’s attention was drawn to this problem and the parties were invited to respond, bearing in mind that HST had also applied for an extension of time.6 [17] The plaintiff’s response was twofold. Mr Lovely argued that the challenge to the costs determination was actually filed within time, because the subject was addressed in the statement of claim in the challenge to the substantive determination....

8. Youth Court FAQs for Professionals at Alert Level 3 - August 2020 [pdf, 91 KB]

   ...slowly than a normal courtroom pace and speak as clearly as possible • note that audio cues are more important in a remote context – if your remarks are addressed to a particular person, identify them and audibly signal when you expect a response. Q: Are support people allowed to attend Court during Alert Level 3? Yes – There will be a need to limit the number of support persons and so the process issued on 3 April 2020 will apply. Q: Can victims attend hearings during A...

9. Equal Pay Amendment Bill Supplementary Order Paper [pdf, 157 KB]

   ...settlement to raise a further pay equity claim in respect of the work to which the settlement relates if satisfied that exceptional circumstances apply (proposed new s 13Z(4)); and 2 See Ross v Southern Response Earthquake Services Limited [2019] NZCA 431 at [69] (leave to appeal to the Supreme Court granted: [2019] NZSC 140 (9 December 2019)). 3 Above at [98]. c. the duty of good faith in s 4 of the ERA is extended to the relatio...

10. Federated Farmers of New Zealand.pdf [PDF, 313 KB]

    ...application it should be based on the CoP. The Appellant says that there is established scientific research that identifies rates of up to 50kg of nitrogen per hectare as the agronomically optimal application rate with a reasonably linear response. Clause 7 The Appellant says the Code of Practice for Nutrient Management (CoP), referenced in Schedule D1, Part D of the Decisions Version, states (under Timing of Application) that “Nitrogen is not applied when the 10cm soi...