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1. 2020-12-07 Statement of evidence of Tom de Pelsemaeker on behalf of the ORC - Appendix H [pdf, 197 KB]

   MEMORANDUM Date: 12 November 2020 To: Tom de Pelsemaeker From: Philip Maw PRINCIPLES OF THE TREATY OF WAITANGI 1. You have asked us to provide advice setting out the principles of the Treaty of Waitangi, and how the Court has previously applied those principles in a planning context. Executive summary 2. The Resource Management Act (RMA), like a range of contemporary legislation, specifically incorporates the principles of the Treaty of Waitangi (Treaty). Those “prin

2. [2020] NZEmpC 169 Morgan v Tranzit Coachlines Wairarapa Ltd [pdf, 276 KB]

   ...applied for, and was denied, annual leave in December 2015. Tranzit’s reasons for the refusal relied on cl 7.5 which I have found has no effect. This was clearly a breach of s 18(4) which restricts an employer from unreasonably withholding consent to an annual holidays request. The company’s response led Mr Morgan to believe he would not be entitled to annual leave in the subsequent summer holidays. Tranzit also paid out the eight per cent payments in advance of the unpaid lea...

3. [2020] NZEmpC 106 Kiteley v Carbine Aginvest Corp Ltd [pdf, 225 KB]

   ...which it could substitute or impose its business judgment for that of the employer taken at the time that the redundancy decision was made. [28] The approach to now be taken in the context of s 103A of the Act is encapsulated in the following statements of the Court of Appeal in Grace Team Accounting Ltd: [80] We consider that the appropriate approach to statutory interpretation in this case is the orthodox approach beginning with the words of the section and considering the...

4. Wellington Standards Committee 2 v Collins [2022] NZLCDT 22 (30 June 2022) [pdf, 170 KB]

   ...conduct is inevitable. 10 W v Auckland Standards Committee [2012] NZCA 401, at [45]. 16 Directions 1. A penalty hearing is to occur on the finding of negligence. Half a day is to be allocated for this purpose or, with the consent of both counsel, a remote hearing is to be convened. 2. Counsel for the Standards Committee to file penalty submissions 14 days in advance of any allocated hearing. 3. Counsel for the practitioner to file penalty submissions 7 day...

5. [2025] NZEmpC 16 The Chief of New Zealand Defence Force v Williams [pdf, 305 KB]

   ...highlighted that the remuneration provisions covered both “work undertaken” and “work required” and 29 See also Stewart v AFFCO New Zealand Ltd, above n 24, at [47]. 30 Updated evidence of the defendants’ remuneration was provided by consent by way of a memorandum dated 12 September 2024. that they specifically acknowledged the nature of the position and the requirements they placed on the defendants’ time.31 [58] While there is no form specified for the ag...

6. Access to Justice Technical Survey Report - October 2024 [pdf, 1.2 MB]

   0 ACCESS TO JUSTICE: LEGAL NEEDS SURVEY TECHNICAL REPORT FINAL REPORT 29 October 2024 1 Table of Contents 1 Background and purpose of Legal Needs Survey ...........................................................................5 2 Sampling .....................................................................................................6 2.1 Recruiting adults .........................................

7. LCRO 27/2021 BK v RQ (27 August 2021) [pdf, 223 KB]

   ...on Ms RQ’s part to communicate with the beneficiaries such as could engage a consideration as to whether she had breached her obligation to engage courteously with the beneficiaries. [90] Probate was granted on 27 June 2018, following which a statement of assets and liabilities was prepared to accompany an interim report. On 20 July 2018, the beneficiaries were provided with an updated report. [91] In October 2018, after receiving indication from the executor that there had been...

8. [2021] NZACC 132 - Pivac v ACC (17 August 2021) [pdf, 465 KB]

   ...May 2019 Mr Pivac was referred to clinical psychologist and neuropsychologist, Steve Berry for a neuropsychological assessment. [70] In his report of 3 May 2019, under the heading ‘referral detail’, Mr Berry said: One particular aspect of consent discussed was that, to gain the most accurate assessment possible, Mr Pivac’s best effort was necessary and that to gauge his level of effort the assessment instruments contained hidden factors. [71] Under the heading ‘clinical i...

9. Final-Technical-Assessment-D-Landscape-Visual-and-Natural-Character-v2.pdf [pdf, 1.1 MB]

   ...Plan ............................................................................................ 109  Horowhenua District Plan ................................................................................. 111  Greater Wellington Regional Policy Statement ................................................. 119  Greater Wellington Proposed Natural Resources Plan (Appeals Version) ....... 120  Wellington Regional Freshwater Plan .................................................................

10. [2015] NZEmpC 122 Campbell v The Commissioner of Salford School [pdf, 631 KB]

    ...expressed concerns over the previous six to 18 months. The purpose of the email would be to request information as to any concerns held by staff. Any issues could then be discussed in the upcoming mediation, although he did not rule out some statements being used for formal processes thereafter. He said that the atmosphere and concerns at Salford had not improved to the degree needed. He wanted to clarify whether it was Ms Campbell’s behaviour which was the problem – if so r...