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1. [2017] EmpC 90 Nathan v Broadspectrum (NZ) Ltd (formerly Transfield) [pdf, 148 KB]

   ...[48] Mr MacDonald agreed with a proposition put to him that there is a difference between what might be generally understood as “refresher training” and a competency assessment. [49] Allied to that evidence was Mr MacDonald’s response to questions from the Court about the skills assessment papers Mr Nathan is completing. Mr Nathan referred to a series of papers provided to him incrementally by Broadspectrum, which he had to complete and submit for marking by an e...

2. Bristowe - Section 4C1 Blk II Tuatini Township and Lot 1 DP 7439 and Lot 2 DP 7439 (2002) 151 Gisborne MB 250 (151 GIS 250) [pdf, 1.2 MB]

   ...maximum participation from Te Whanau a Kahu, Te Whanau a Ruataupare, Ngati-Rangi and Te Aotawarirangi. * At that meeting the following agenda items will be dealt with: • Summary of this Maori Land Court Judgment dated 18 April 2002. • Roles and Responsibilities of Trustees. • Changing the Classes of Persons for Whom all three Reservations are Set Aside. • Changing the Purposes for Which the Reservations Are set Aside (from "marae and community amenity" to being solely...

3. Immigration & Protection Tribunal Annual Report 2017-18 [pdf, 532 KB]

   ...from the Ministry of Justice staff and leadership over the last year. The significant increase in incoming appeals and in the output of members has resulted in a considerable extra workload for Tribunal staff members, who have handled this in a responsible and efficient manner. 8. There was a significant improvement in the timeliness of Tribunal decisions being uploaded to the Tribunal’s website and in the functionality of the searchable database to enable website users to sea...

4. [2018] NZEnvC 238 Fitzgerald v Kaikoura District Council [pdf, 1.8 MB]

   ...Holder shall provide a separate stormwater connection for Lot 1 and Lot 2. 16. Stormwater from hardstand or roofed areas shall not discharge across neighbouring boundaries, unless suitably protected by easements. 17. The consent holder shall be responsible for ensuring that the stormwater pipe serving Lot 2 onto Hasting is inserted under the footpath and the discharge pipe to the kerb. The consent holder is responsible for all works and costs associated with the placement of the storm...

5. [2018] NZEnvC 220 Middleton Family Trust v Queenstown Lakes District Council [pdf, 4.1 MB]

   ...waiver is granted, the prejudice it would suffer would significantly outweigh any prejudice that their joining of the appeal would cause to any other party. The Trust's initial position on the applications [14J In its first memorandum in response to the applications, the Trust questions whether the Society has standing to become a party under s274 RMA. 5 [15J As an overall point, the Trust says the Society's s274 notice is deficient in not explaining the basis upon which...

6. Trustpower - Supplementary - S Styles - Planning (23 March 2021) [pdf, 1.2 MB]

   ...expertise, except where I state that I am relying on the evidence of another person. I have not omitted to consider material facts known to me that might alter or detract from the opinions I express. 2.0 SCOPE OF SUPPLEMENTARY EVIDENCE 2.1 In response to the further evidence provided by ORC witnesses on 14 March 2021, the Court has directed that parties may file supplementary briefs of evidence to respond to the new matters raised. I provide this supplementary brief to confirm my...

7. [2016] NZEmpC 103 Lewis v Silver Fern Farms Ltd [pdf, 183 KB]

   ...was then delayed by over a week. No claim was made, nor has any claim been made previously. [42] The Inspector was unable to satisfactorily explain why cl 19 would not apply to pre-op cleaning work if the collective agreement applied. His response was to explain his understanding of the Union’s attitude, namely that the Union did not consider making a claim for the weekly minimum to be fair in the circumstances. Despite obvious difficulties in relying on that hearsay eviden...

8. [2019] NZEmpC 130 Packwood v ANZ Bank New Zealand Ltd [pdf, 494 KB]

   ...this Court cannot review the substance of Ms Packwood’s original claims, unless the settlement agreement is vitiated. Absent that possibility, there is no basis on which the Court could review the merits, allow the individuals to give their response, and then consider Ms Packwood’s assertions as to the veracity of their evidence. There is accordingly an obvious natural justice issue. In all these circumstances, the interests of justice require the making of an order...

9. Clough v CAC520, Bunn & Christiansen [2019] NZREADT 46 (5 November 2019) [pdf, 389 KB]

   ...without his authority or without a request from her lawyer to his. He said he believed that all licensees had breached their duty of confidentiality to him, and their fiduciary duty. The Committee’s investigation [15] Mr Christiansen provided a response to the complaint, for himself and on behalf of Ms Bunn and the Agency. He noted that neither Ms Linley nor Ms Willis were still engaged at the Agency. He said that he had spoken to Ms Linley.2 [16] In relation to Mrs Clough’...

10. [2020] NZEnvC 175 Wilkins Farming Co Ltd v Southland Regional Council.pdf [pdf, 6.1 MB]

    ...consistent language, avoiding the need for a definition; (I) the italicised explanatory text has been deleted; and (m) conditions 4, 6 and 7 have been amended to respond to the court's comments. [5] We are satisfied with the parties' response and will confirm the conditions subject to some amendments as follows: (a) the FEMP objective has been moved from condition 13 and renumbered condition 15. This is to make clear that the objective pertains to both conditions 13 an...