Search Results

1. [2006] NZEmpC AC 58/06 McLean v Buy West Reality Ltd [pdf, 118 KB]

   ...2 [2001] 2 NZLR 604 3 [2005] 1 ERNZ 399 salesperson or other officer is deemed to be an independent contractor under s51A they must have expressly agreed to that status. [71] The effect of s51A is that the parties’ intentions and statements about their employment relationships as expressed in an agreement are determinative of the status of that relationship. This is in contrast to s6(3)(b) of the Employment Relations Act 2000 which states that the Court is not to tre...

2. [2020] NZEnvC 051 Waikato Regional Council [pdf, 326 KB]

   ...to do this by imposing additional controls on land use in the Waikato and Waipā River Catchments, including on farming activities. It has been promulgated to address significant freshwater quality issues in accordance with the National Policy Statement – Freshwater Management and is intended (and required) to give effect to Te Ture Whaimana o Te Awa Waikato Vision and Strategy for the Waikato River, which is part of the Regional Policy Statement. This is required by the Act and t...

3. [2018] NZEmpC 128 Blue Water Hotel Ltd v VBS [pdf, 435 KB]

   ...parties have agreed that the Court should resolve the legal issue referred to earlier as a preliminary question. [4] Chief Judge Inglis considered that the issue was an important one, which warranted the constitution of a full Court. Facts [5] A statement of agreed facts was placed before the Court for the purposes of the preliminary question. It relevantly stated: 1. The defendant was employed by the plaintiff as a driver during 2011. The terms of the engagement(s) are in...

4. 11.-Dr-Matthew-Baber-Terrestrial-Ecology.pdf [pdf, 5.4 MB]

   ...WELLINGTON REGISTRY I MUA I TE KŌTI TAIAO O AOTEAROA TE WHANGANUI-Ā-TARA ROHE ENV-2020-WLG-00014 UNDER the Resource Management Act 1991 IN THE MATTER OF a notice of motion under section 87G of the Act seeking the grant of resource consents to Waka Kotahi NZ Transport Agency for Te Ahu a Turanga: Manawatū-Tararua Highway STATEMENT OF EVIDENCE OF MATTHEW BABER ON BEHALF OF WAKA KOTAHI NZ TRANSPORT AGENCY TERRESTRIAL ECOLOGY 12 June 2020

5. [2020] NZEnvC 103 Taranaki Energy Watch Inc v South Taranaki District Council [pdf, 1.2 MB]

   ...Incorporated on the South Taranaki proposed District Plan. [2] The matter that is not decided is the inclusion of agreed Petroleum Activity Risk Contours on the planning maps. The court anticipates this matter may yet be able to be dealt with by consent orders. 2 Structure of the decision [3] The court has released three Interim Decisions, a preliminary Procedural Decision and orders by consent as it has progressively worked its way through the substantive issues for determi...

6. De Malmanche & Ors as Trustees of the Lynette De Malmanche Trust v Auckland Council (successor to the Auckland City Council) [2010] NZWHT Auckland 38 [pdf, 392 KB]

   ...trustees against the Auckland City Council and the two persons alleged to be responsible for building it. They are Mr Lowe, the third respondent, and Mr Wilson, the fourth respondent. Ante Architects Limited, the fifth respondent, drew the consent drawings, and the sixth respondent Building Sense Limited is the successor to the company alleged to have been the roofer. Mr Siakia, the seventh respondent, who lives in Western Australia, was the plasterer. Mr Bickerton, who owned...

7. MLC-MAC - Retention & disposal appraisal report [pdf, 1 MB]

   RETENTION AND DISPOSAL APPRAISAL REPORT Te Kooti Whenua Māori Māori Land Court Te Kooti Pīra Māori Māori Appellate Court Court records Version 2.7a 17 May 2016 Date of Document: 17 May 2016 Name of public office: Māori Land Court and Māori Appellate Court, Ministry of Justice Te Kooti Whenua Māori me Te Kooti Pīra Māori, Te Tāhū o te Ture Public office contact: Leigh Nicholas,

8. Retention and disposal appraisal report - Māori Land Court and Māori Appellate Court [pdf, 1.1 MB]

   RETENTION AND DISPOSAL APPRAISAL REPORT Te Kooti Whenua Māori Māori Land Court Te Kooti Pīra Māori Māori Appellate Court Court records Version 2.7a 17 May 2016 Date of Document: 17 May 2016 Name of public office: Māori Land Court and Māori Appellate Court, Ministry of Justice Te Kooti Whenua Māori me Te Kooti Pīra Māori, Te Tāhū o te Ture Public office contact: Leigh Nicholas,

9. [2010] NZEmpC 1 Singh v Eric James & Associates Ltd [pdf, 46 KB]

   ...relationship between them. (3) For the purposes of subsection (2), the Court or the Authority— (a) must consider all relevant matters, including any matters that indicate the intention of the persons; and (b) is not to treat as a determining matter any statement by the persons that describes the nature of their relationship. (4) Subsections (2) and (3) do not limit or affect the Real Estate Agents Act 2008 or the Sharemilking Agreements Act 1937. (5) The Court may, on the applica...

10. [2010] NZEmpC 59 Wellington Free Ambulance Service v Adams [pdf, 46 KB]

    ...overall justice of the case which it found to have favoured the employee. [7] There is a further factor in the Authority’s methodology applied to the application for interim reinstatement that warrants comment. Because it adopts statements contained in judgments of this Court, I should not be thought to be critical of the Authority when I respectfully disagree with the absolute nature of those statements of the law. They say that in an application for interim reinstat...