Search Results

1. Maori Trustee - Waerenga-a-Hika Māori Cemetery (2017) 73 Tairāwhiti MB 16 (73 TRW 16) [pdf, 445 KB]

   ...Whenua Māori Act 1993 IN THE MATTER OF Waerenga-a-Hika Māori Cemetery BETWEEN Māori Trustee Applicant Hearing: 18 Tairāwhiti MB 81 dated 1 September 2011; 17 Tairāwhiti MB 243-247 dated 4 October 2011; 19 Tairāwhiti MB 94-101 dated December 2011; 45 Tairāwhiti MB 62 dated 62 dated 30 October 2014; 46 Tairāwhiti MB 7-22 dated 4 February 2015; and 53 Tairāwhiti MB 114-123 dated 2 October 2015 64 Tairāwhiti MB 193-208 dated 7 December 2016 (Heard at...

2. [2021] NZEmpC 208 ABC v DEF [pdf, 315 KB]

   ...legislative history. [41] Section 159 provides: 159 Duty of Authority to consider mediation (1) Where any matter comes before the Authority for determination, the Authority— 17 Interpretation Act 1999, s 5; Legislation Act 2019, s 10(1); Commerce Commission v Fonterra [2007] NZSC 36, [2007] 3 NZLR 767 at [22]; Four Midwives v Minister for Covid-19 Response [2021] NZHC 3064 at [22]-[23]. (a) must, whether through a member or through an officer, first consider...

3. [2006] NZEmpC AC 66/06 Clark v Northland Hunt Inc [pdf, 103 KB]

   ...performance and whether there was a right to delegate performance. Integration [33] The integration test arose from the analysis of Lord Justice Denning (as he then was) in Stevenson Jordon & Harrison Ltd v Macdonald and Evans [1952] 1 TLR 101, 111: … under a contract of service, a man is employed as part of the business, and his work is done as an integral part of the business; whereas, under a contract for services, his work, although done for the business, is not int...

4. Draft 23rd-24th Reports under the Convention on the Elimination of Racial Discrimination [pdf, 483 KB]

   ...was established to administer the Tūpuna Maunga. 100. The Te Urewera and Te Awa Tupua and Treaty settlement legislations provided for the recognition of legal personality to certain natural features. Plant Variety Rights Act 1987 Review 101. Consultation on the Plant Variety Rights Act commenced in September 2018, and used the recommendations in the Waitangi Tribunal’s Wai 262 report as the starting point. Following consultation about the Government’s proposed options., in...

5. [2022] NZACC 96 – McGregor v ACC (19 May 2022) [pdf, 395 KB]

   ...employment that would result in a remuneration level comparable to that prior to the accident, and of course in many cases on account of the severity of the accident, achieving earnings comparable to those prior to the accident will not be possible. [101] Here, the surviving job types have as the upper limit of their remuneration range, annual salaries that at $50,000 are just below what the appellant was earning as a case manager for ACC. [102] As to adjustments to the workplace...

6. [2018] NZEnvC 056 Auckland Council v Auckland Council [pdf, 663 KB]

   ...exercise or perform the function, power, or duty in like manner and with the same effect as the local authority could itself have exercised or performed it. Section 12(3) Local Government Act 2002. Section 11 Local Government Act 2002. Section 10(1)(a) Local Government Act 2002. Section 14(1 «a) Local Government Act 2002. Section 84(1) Resource Management Act 1991. Section 2 Resource Management Act 1991. Section 34A(1) Resource Management Act 1991. 9 This means that the he...

7. [2021] NZEnvC 079 Guthrie v Queenstown Lakes District Council [pdf, 2.1 MB]

   ...the Precinct Zone,43 and to the Zone Purpose in Chapter 24.44 Finally, he opined that, in terms of the objective and policy or the planning framework, the Operative Plan would still contain the predominant provision set for 42 Transcript, page 101. 43 Transcript, page 108. 44 Transcript, page 112. [65] [66] 19 the assessment of the proposal.45 He then qualified that by reference to Part 4 of the Operative Plan still having strategic relevance but that the Part 5 Rural pr...

8. LCRO 024/2018 NN v AE (23 April 2019) [pdf, 213 KB]

   ...action on a complaint can be exercised legitimately in a wide range of circumstances, including those which would justify taking no action under s 138(1) and (2). It is not confined to circumstances where there is no basis for the complaint at all. [101] That position was affirmed in Chapman v The Legal Complaints Review Officer where the Court noted that:26 … it appears to me that the LCRO may have assumed that her finding of unsatisfactory conduct inevitably led to the setting a...

9. LCRO 193/2017 AA v BB and CC (29 November 2019) [pdf, 153 KB]

   ...[100] But Mr AA has been unable, despite rigorous effort on his part, to persuade any decision-making body or any authority with investigatory powers, that a raft of criminal offences, together with serious professional misconduct, has occurred. [101] Questioned at the hearing as to whether he had raised his concerns with the Police, Mr AA explained that he has a current complaint before the Police but pressed on the issue, Mr AA could provide no evidence of any substantial investigat...

10. [2020] NZSSAA 4 (28 April 2020) [pdf, 224 KB]

    ...Section 9 is not relevant to this appeal. Section 10 provides that “no account” is taken of time spent overseas as a missionary when determining the period that an applicant has been present in New Zealand. The relevant provision is s 10(1): 10 Periods of absence as missionary also not counted (1) In determining the period an applicant has been present in New Zealand, no account is taken of any period of absence while engaged in missionary work outside New Zealand a...