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1. [2023] NZEmpC 221 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 1 MB]

   ...harm to 11 Gilbert (CA), above n 3. employees by promoting health and safety management. The reasonableness of the employer’s conduct must therefore be measured against knowledge reasonably attained by employers mindful of their responsibilities. [89] In Johnson v Unisys Ltd Lord Steyn (at p1084) refers to the intensification of modern work pressures and the inevitable increase in the incidence of psychiatric injury through excessive stress and suggests that the nee...

2. [2018] NZEnvC 116 Kumeu Property Limited v Auckland Council [pdf, 8 MB]

   ...mulching; • top-soiling, grassing and mulching of otherwise bare areas of earth; • aggregate or vegetative cover that has obtained a density of more than 80% of a normal pasture sward; and • The on-going monitoring of these measures is the responsibility of the consent holder. It is recommended that you discuss any potential measures with the Council's monitoring officer who will guide you on the most appropriate approach to take. Please contact the Team Leader - Northern...

3. E7 Graeme McIndoe - Urban Design - EIC - Applicant [pdf, 2 MB]

   ...be potential for further design variation and flexibility in a number of areas1. In my evidence I will refer to pertinent parts of My Report in relation to key matters that may be of contention, rather than repeat its content. Nevertheless, in response to issues arising from the submissions, I offer some further high-level summary comments in relation to the five issues that I used to structure My Report. I have read the Council’s Section 87F Report (CBD Vol D, CB135) and the...

4. [2018] NZEnvC 237 View West Limited v Auckland Council [pdf, 2 MB]

   ...parties to the Court by 1 February 2019. The Court will then decide whether it needs to convene a hearing or can conclude the matter on the papers. C: Costs applications are not encouraged but any application is to be filed by 1 February 2019; any response within a further 10 working days; and any reply within five working days thereafter. D: Under s 292(1) of the RMA the Court directs the Council to amend the AUP: D 17. 3( 14) the word unless, is to be on a separate line to make...

5. 2023 archive

   ...managers from across New Zealand the opportunity to express their views on issues relating to the review. The survey of 5-6 questions, depending on your role, is easy to complete and each question provides space for you to provide your own comments. Responses to this survey will be anonymous. No identifiable data, or your location will be collected. You can access the survey here Duty Lawyer Review - Ministry of Justice - Citizen Space. Or you may contact the review directly you would prefer to...

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6. E96 Phillip Ware - Contaminated Land & Groundwater - RE – Applicant [pdf, 9 MB]

   ...it relates to the use of mudcrete in the Wynyard Point area ground improvements (Appendix C to the CEMP); and  The Erosion and Sediment Control Plan (Appendix D to the CEMP). Responsibilities The Alliance Project Director has the overall responsibility for meeting the requirements of this RAP. The Alliance Construction Environmental Manager will have responsibility for implementing the RAP, but may wish to delegate responsibility to the Alliance Construction Team so that specifi...

7. [2024] NZEnvC 167 Director-General of Conservation v Northland Regional Council [pdf, 6.6 MB]

   ...required by conditions of this consent must be confined to confirming that the plans or reports give effect to their purposes, consent condition requirements, and schedule requirements, and contain the required information. (b) If the Council’s response is that it is not able to certify the management plan or report, it must provide the Consent Holders with reasons and recommendations for changes to the plan or report in writing. The Consent Holders must consider any reasons and recom...

8. [2007] NZEmpC WC 5/07 Fuel Espresso Ltd v Hsieh [pdf, 32 KB]

   ...scale costs would be assessed in the sum of $3,200 plus disbursements, perhaps with a discount he suggests $2,500. [24] Mr Cullen points to the discretionary nature of awarding costs and suggests that the conduct of the defendant who made no response to legal approaches when Mr Ponnapa became first concerned about this matter meant that the plaintiff was put to the cost and the expense of coming to Court because there was no alternative. He suggests that costs should lie where th...

9. [2011] NZEmpC 86 Wilson v ABC Developmental Learning Centres NZ Ltd [pdf, 71 KB]

   ...invited to provide affidavits setting out the evidence available to them relevant to the two questions I have set out above. Counsel may also make further brief submissions on the relevant legal principles if they wish to do so. ... [5] In response, both Ms Thomas and Ms Douglas swore affidavits setting out the sequence of events and attaching relevant correspondence. From that evidence, the following picture of events emerges: (a) In its substantive determination dated 28 Ma...

10. [2010] NZEmpC 38 Timata Hou Ltd v Service and Food Workers Union & Anor [pdf, 26 KB]

    ...“sleepovers” rostered and/or ordinarily worked. [8] These acts or omissions were clearly signalled to SFWU members in a circular publication issued by the union pursuant to resolutions of union members at meetings held in February as a response to the employer’s refusal to agree to any wage increase. This was an escalating campaign of strike action beginning with the paperwork bans in the week beginning 15 March 2010, extending to working no more than 80 hours per fortnig...