Search Results

1. [2014] NZEmpC 189 H v A Ltd [pdf, 349 KB]

   ...2013. Mr Pearce attended, together with Ms Chapman and Mr G Norton (Senior Legal Counsel). [36] Mr H produced the written statement which he had previously prepared, and copies of the witness statements taken by Mr Pearce annotated with his responses. The format of the interview was that Mr Pearce asked him to explain in detail his recollection of the events that occurred during the lay-over. [37] The interview was structured to deal with those events in a chronological sequ...

2. ENV-2016-AKL-000TBA Walden v Auckland Council [pdf, 2.2 MB]

   ...located; and ii. Whether criteria for extensions to the Rural Urban Boundary should be included in the regional policy statement. 2.2. Panel recommendation and reasons Urban growth issues permeated most topics heard by the Panel. The Panel's response to urban growth issues likewise permeates most topics in order for the recommended Plan to provide a coherent response to the growth issues facing the Auckland region. Section 6 Enabling Growth of the Panel's Overview of recomme...

3. Diane Jean Lucas - Evidence in Chief [pdf, 1.1 MB]

   ... MNEMA,  and  most  of  the  waahi  taonga  and  waahi  tapu,  are  mapped  as   at  least  HNC  (sheet  9).     36.   For   those   of   Eurocentric   origin,   positive   response   to   the   scenic   aesthetic   is   engrained.   For   tangata   whenua,   the   connections   between   the   reefs   and   Papatūānuku  is  the  essence.  The  reef...

4. [2010] NZEmpC 114 Comptroller of Customs v Smith and anor [pdf, 33 KB]

   ...behalf of the defendants. Mr Smith says in his affidavit that the experience of going through the disciplinary process and the Authority’s investigation has caused him to reflect seriously on the views he has expressed in the past and on the responsibilities he will need to assume if he is reinstated. In particular he accepts that he has inappropriately jumped to conclusions in the past and says he has learned from this experience. Mr Smith says that he has never had any perso...

5. [2010] NZEmpC 138 George v Auckland Regional Council [pdf, 36 KB]

   ...question, Ms Perkin cited the recent English Court of Appeal decision of Salford Royal NHS Foundation Trust v Roland,10 issued on 13 May 2010, as authority for the proposition that it is particularly important that employers take seriously their responsibilities to conduct a fair investigation where the employee’s reputation or ability to work in his or her chosen field of employment is potentially apposite. [13] Ms Perkin also referred to the defendant’s statutory obligation un...

6. [2011] NZEmpC 20 Miller v Fonterra Co-operative Group Ltd [pdf, 81 KB]

   ...correspondence, attachments and related documents between the defendant, MAF and the SFO, and their respective legal advisors during the period 1 August 2001 and 1 April 2004, but not the files of documents provided to those organisations by the defendant in response to any summons to produce documents. [7] The extension until 1 April 2004 for category (a)(ii) documents from the original date of 2002 in the application, was sought on the basis that, after that date, in 2004 the...

7. [2009] NZEmpC CC 18/09 Grey v Director-General of Conservation [pdf, 34 KB]

   ...raised by Crown law but the defendant did not check whether there had been any change in the facts that would affect his intention to dismiss the plaintiff because the Attorney General was listed on the proceedings. [12] The defendant’s pleading in response to these assertions is as follows: 69. The defendant admits that from 3 September he sought legal advice from Crown Law (which is privileged), and that he sought legal advice from Mr Corkill as above (over which privilege has been...

8. Wang v Registrar of the REAA [2015] NZREADT 52 [pdf, 182 KB]

   ...not been complied with. Mr Hodge puts it that the overall context of the section is to create a set of circumstances which are deemed to be serious enough to result in cancellation of licences, and to ensure there is uniformity in the Registrar’s response to such circumstances and certainty of outcome for all persons subject to the Act. [17] The respondent is not aware of any discretion provided to the Registrar elsewhere in the Act; nor are we. We agree that no error of fact or law...

9. Murphy & Anor v CAC301 & Anor [2015] NZREADT 73 [pdf, 134 KB]

   ...subject to another competing offer. The following are extracts from our reasoning in that decision: “[62] From our experience at endeavouring to assess the truthfulness of witnesses, we much prefer the evidence of the appellants and we find the responses, denials, and explanations of the licensee quite unconvincing. [63] The evidence can be assessed as that the complainants were not told by the licensee that another party had actually made an offer. Mr Bayley thought that the comp...

10. ENVC Hearing 6Oct14 WML rebuttal Mark Poynter [pdf, 1.2 MB]

    ...and hydrodynamic processes have been accounted for in the model predictions of copper and diuron. 17. In his paragraph 19, Mr Waters states: …In addition, impact of metal concentrations on biological communities is expected to fluctuate in response to pH, dissolved oxygen, salinity and water temperature. Such factors should also be included in assessing the potential impact of biocide concentrations… 18. This is true and has been done. Table 3 of the NIWA modelling report note...