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1. Taranaki Standards Committee v Flitcroft [2011] NZLCDT 4 [pdf, 36 KB]

   ...prosecutor to provide a full and accurate narration of the facts to support the charges, we do consider the costs to be relatively high in the circumstances. [3] Further we consider that some discount for co-operation and early plea is a proper response and provides a standard for other practitioners in the future. On the other hand, it would be unfair to expect the profession as a whole to bear the bulk of the costs in this matter. [4] We are aware from submissions that Mr Flitc...

2. [2011] NZEmpC 44 Matsuoka v LSG Sky Chefs NZ Ltd & SFWU [pdf, 245 KB]

   ...employment contract dated 29 April 1996 which showed that he was employed by PRI as a projects manager based at Auckland. The plaintiff had a gross annual salary of $60,000 and other benefits. [11] Under the 1996 agreement the plaintiff‟s line of responsibility was to Mr Hay as managing director. Mr Hay was married to the plaintiff‟s wife‟s sister. Mr Hay had been a friend of the plaintiff since the early 1980s when they were both living in Hawaii, where the plaintiff grew...

3. [2012] NZEmpC 96 South Pacific Meats Ltd v Mohammed [pdf, 238 KB]

   ...accept and which I refer to later. [19] I find that Mr Eifiel was engaged as a halal slaughterman for the season start up on 30 July 2009. This was before the defendant could have been expected to respond to the letter of 29 July 2009 (even if a response was required to it) and well before 3 August 2009 (which was the date on which the letter advised him to arrive at work). I do not accept Mr Shanks’s evidence that his telephone calls to Mr Eifiel were simply for the purpose of...

4. [2012] NZEmpC 110 de Bruin v Canterbury DH [pdf, 199 KB]

   ...responsible for reporting the incident and the impact it will have on her colleague. Cate and Harry stated Debbie's professionalism had served her well. She had done the right thing in reporting an incident. What happened from there was not her responsibility and over to the Division to review. Encouraged her to speak with her CNM, CNS or NC at any time. Support was available for her. Meeting ended at 1130 [23] The record of Ms Payne’s interview was: PSAID INPATIENT...

5. [2012] NZEmpC 142 Horton Media Ltd [pdf, 212 KB]

   ...Thereafter Mr Hooper’s work record appears uneventful. In approximately 2005 he was promoted from production to the syrup room. As a syrup maker he 2 CA 211/10, 18 November 2010. enjoyed greater responsibilities having to make up syrup recipes for the 15 different products produced at the plant. In August 2006, Mr Hooper suffered an injury while at work in the syrup room. He was handling chemicals and there was a spill leading...

6. Gardiner v Gorringe (2011) 25 Waikato Maniapoto MB 83 (25 WMN 83) [pdf, 293 KB]

   ...land has to be re- pastured. The clause merely gives to the owner an option of requiring the land to be re-pastured at the termination of the lease. [35] Furthermore there are no positive obligations on the lessee in clause 10 other than to be responsible for the costs of: cultivation; sowing; and grass seed. I do not read the final sentence of clause 10 to impose an obligation on the lessee to actually carry out the cultivation, sowing and re-grassing, merely that they would be...

7. [2016] NZEmpC 172 Twentyman v The Warehouse Ltd [pdf, 234 KB]

   ...claimed that one or more of Sergeant Creedy’s conditions of employment is or are affected to his disadvantage by the unjustified way in which you, as his employer have applied the disciplinary process to him. [44] The Commissioner’s immediate response was to ask for details of the alleged unjustified actions. No answer was provided. The Court concluded that this letter was insufficient to raise a personal grievance. 6 The Court held that raising a personal grievance is: 7...

8. [2018] NZEnvC 129 Royal Forest and Bird Protection Society v Canterbury Regional Council [pdf, 7 MB]

   ...part of their ordinary farming operations, dryland farmers were not in a position to undertake the calculations required to determine whether or not the consenting requirements of the change of land use rules would be triggered." [13] As a response to the concerns raised, the Zone Committee requested Council staff to provide some further guidance to the dryland farming community as to the types of dryland farming activit ies that were not likely to result in a 10% increase in t...

9. Fish & Game - B Farrell - JWS 4-6 May 2021 - tracked changes [pdf, 829 KB]

   ...Bright (CB) Landpro Ltd Roddy Henderson (RH) Otago Regional Council Simon Wilson (SW) Otago Regional Council Sean Leslie (SL) Otago Regional Council Lionel Hume (LH) Federated Farmers Paul Mitchell (PM) Trustpower Dugald MacTavish (DM) Wise Response Society Anthony Davoren (AD) McArthur Ridge Vineyard Ltd, Mt Dunstan Estates Ltd and Strathclyde Water Limited Facilitator: Deputy Commissioner Ross Dunlop Scribe: Jenna Sinclair, Consents Officer at Otago Regional Council Venue...

10. Fish & Game - B Farrell - JWS 4-6 May 2021 - tracked changes 2 [pdf, 829 KB]

    ...Bright (CB) Landpro Ltd Roddy Henderson (RH) Otago Regional Council Simon Wilson (SW) Otago Regional Council Sean Leslie (SL) Otago Regional Council Lionel Hume (LH) Federated Farmers Paul Mitchell (PM) Trustpower Dugald MacTavish (DM) Wise Response Society Anthony Davoren (AD) McArthur Ridge Vineyard Ltd, Mt Dunstan Estates Ltd and Strathclyde Water Limited Facilitator: Deputy Commissioner Ross Dunlop Scribe: Jenna Sinclair, Consents Officer at Otago Regional Council Venue...