Search Results

1. [2021] NZEnvC 027 Director-General of Conservation v Taranaki Regional Council [pdf, 1.8 MB]

   ...The NPSFM 2020 includes 15 policies which relate to: (a) Te Mana o te Wai and involving tangata whenua 111 freshwater management (policies 1 and 2); (b) Integrated whole-of-catchment management (policy 3); (c) Integration with New Zealand's response to climate change (policy 4); (d) Implementation of a National Objectives Framework to ensure that the health and well-being of degraded water bodies and freshwater ecosystems 13 is improved, and for all others is either maintai...

2. King v Commissioner of Police [2023] NZHRRT 19 [pdf, 263 KB]

   ...that officers would discuss with each other Mr King’s condition and the ways in which it would be managed. Police policies expressly require 9 officers to pass on information that might be relevant to care and safety to whoever takes over responsibility for the person’s custody. Further, Mr King told the officer putting him in the van that he (Mr King) was claustrophobic. [55] Police acknowledged they could subject to resourcing possibly have transported Mr King by Police ca...

3. Lawrence v Accident Compensation Corporation (Claim for personal injury) [2025] NZACC 167 [pdf, 290 KB]

   ...spinal injury from the 2000 accident. The Corporation noted that cover had not been sought for a spinal injury arising out of the 2000 accident and there was accordingly no entitlement to deemed cover. [59] On 7 August 2024, Mr Ratahi reported in response to a question from Mr Lawrence: In response to your email dated 6 August 2024, your MRI scan of the spine confirms that you have multiple levels of disc bulges or protrusions that may account for your back pain. I am not of th...

4. [2007] NZEmpC CC 27/07 South Tranz Ltd & Ors v Strait Freight Ltd [pdf, 51 KB]

   ...in s137(2) referred to any other powers the Authority might exercise in respect of any of the matters referred to in s137(1)(a) and were not intended to confer jurisdiction in addition to that set out in s137(2). [31] Mr England gave a similar response to Mr Barrett’s argument based on s138(4). He submitted that a power to impose terms and conditions on a compliance order did not confer any additional jurisdiction on the Authority and, in particular, did not give the Authority po...

5. [2007] NZEmpC WC 1/07 Hunter v National Institute of Water and Atmospheric Research Ltd [pdf, 49 KB]

   ...another position. An employee who is medically retired will be paid a lump sum retiring leave of 65 working days. b) Where an employee is eligible for payment through the NIWA Group Life Insurance Scheme, the above does not apply. [6] In response to the notification of expiry of sick leave Mr Hunter has applied to the Employment Relations Authority in Wellington for resolution of an employment relationship problem with NIWA. That proceeding follows the submission or raisin...

6. [2011] NZEmpC 73 Snowdon v Radio New Zealand Ltd [pdf, 143 KB]

   ...and/or their solicitors by fraud. (emphasis added) AND UPON THE FURTHER GROUNDS 1.40 That the evidence of fraud detailed in this amended statement of claim - ... 1.40.8 shows that the respondent and/or [its] solicitors were responsible for perpetrating the fraud in a way that renders it inequitable that the respondent should take advantage of Judge Shaw’s Judgements dated 16 th December 2005, 27 th March 2006 and 7 th December 2006; and [8] Mr Tizar...

7. [2011] NZEmpC 78 NZ Tramways and Public Passenger Transport Employees Union & Ors v Wellington City Transport Ltd [pdf, 93 KB]

   ...particular, on the relevance of age in relation to the interpretation of the word “retirement”. She referred to several recent cases which had considered issues about discrimination against employees on the basis of age generally. [15] In response, Mr Banks submitted on behalf of the respondent that no important question of law arises in the proceeding but what the case involves is a “routine matter of contractual interpretation” of particular clauses in the CEA. As cou...

8. [2010] NZEmpC 41 Shortland v Alexander Construction Co Ltd [pdf, 38 KB]

   ...manner in which the hearing was conducted. Costs [46] Costs are reserved. If they cannot be agreed, Mr Petherick is to file and serve a memorandum by 14 May 2010. Mr Webster is then to have 21 days to file and serve a memorandum in response. AA Couch Judge Judgment delivered orally at 4.41 pm on Tuesday 13 April 2010

9. [2010] NZEmpC 45 Miller v Fonterra Co-op Group Ltd [pdf, 38 KB]

   ...existence of an implied term providing an indemnity barred by the operation of the law relating to illegality? (d) Do an employee’s professional obligations (eg as a chartered accountant), duties under the Companies Act, or level of seniority or responsibility affect the existence or scope of an implied indemnity owed by an employer? [6] The grounds in support of that application were that if the preliminary questions identified at paragraph 1.1 above were determined in favour...

10. [2010] NZEmpC 70 Electrix Ltd v NZ Amalgamated Engineering Printing and Manufacturing Union [pdf, 39 KB]

    ...financial consequences for Electrix. Further, Electrix is required to pay “charter claims” to customers for any outages which last for more than a certain amount of time. Finally he deposes to the effect that the strike, involving employees responsible for maintaining power lines and restoring power after outages, will have on the public. He deposes that this may have serious consequences for public safety and health because it may cause traffic or street lights being out for...