Search Results

1. [2020] NZEmpC 63 Southern Taxis Ltd v A Labour Inspector [pdf, 518 KB]

   ...significantly different terms to those of the owner-drivers, should also be regarded as contractors. [100] I am satisfied that the integration test supports a conclusion those drivers were employees. Fundamental or economic reality test [101] The final common law test has been variously described as either the “fundamental test”, the “economic reality test” or whether the person was in business on his or her own account.17 The test requires consideration of factors su...

2. Children and young people with charges finalised in any court June 2020 [xlsx, 347 KB]

   ...2019/2020. The number of children and young people (aged 10-16 years) with charges finalised in any court has more than halved since 2010/2011, decreasing from 3,663 children and young people to 1,203 in 2019/2020 (a 67% decrease). In 2019/2020, in total, 1,101 children and young people (73%) had their most serious charge proved. As a result, they were either discharged under section 282 (768; 51% of children and young people charged), received a Youth Court order under section 283 (282; 19% o...

3. [2022] NZEnvC 6 Otago Regional Council - Primary Sector Provisions (Rural) [pdf, 3.3 MB]

   ...the NPSM 2020, or to Te Mana o te Wai, as an interim measure, the changes approved by this decision are a further step in the right direction in giving effect to the NPS- FM 2020 and the PRPS 2021.25 Outcome [47] Pursuant to s149U(6) and cl10(1) to (3) of Schedule 1 RMA, the court’s decision on PC8 is to amend it as set out in ‘Annexure: Final Plan Change 8 Provisions’ attached to and forming part of this decision. For the court ______________________________ P...

4. [2024] NZEnvC 129 Second Star Limited v Queenstown Lakes District Council [pdf, 591 KB]

   ...such facilities are associated with the visitor accommodation activity. The primary role of these facilities is to service the overnight guests of the accommodation however they can be used by persons not staying overnight on the site. 26 [101] We were referred to the inclusion of recreation ancillary to the accommodation of guests in this definition. [102] Mr Page was critical that there is nothing in the proposal that explains how the visitor accommodation activity would in...

5. [2006] NZEmpC AC 47/06 Cliff & Groom v Air NZ Ltd [pdf, 208 KB]

   ...10,426 visits of which 47 were to adult/sexually explicit sites. The time involved was 68 hours and 8 minutes. This compared with the original figures of 11,875 visits for a total of 96 hours and 36 minutes and 71 visits to adult sites. [101] Mr Groom went to the next scheduled meeting on 24 November. As for Mr Cliff, he received the revised material only shortly before this meeting and Ms Roberts’s request for an adjournment to discuss the material was refused. [102] Mr F...

6. Drozdzak v Accident Compensation Corporation (Work related gradual process) [2023] NZACC 157 [pdf, 442 KB]

   ...Games11. He agreed that young Olympic athletes in the study had higher than expected degeneration in their spines. Dr Robb said you can overtax the back in a variety of ways and he described the findings of this article as “quite scary”. [101] Dr Robb described this as a point in time study that does not give any background on the athletes. Dr Robb described the Wahlstrom study of a cohort of 288,926 Swedish construction workers as “very flawed” and said that a lot of con...

7. Justice Sector prison population forecast 2015 to 2025 graphs [xlsx, 129 KB]

   ...Jan-19 1,806 2,289 6,867 7,025 8,673 9,314 Feb-19 1,949 2,485 6,916 7,047 8,865 9,532 Mar-19 1,957 2,517 6,964 7,066 8,920 9,583 Apr-19 1,828 2,357 6,955 7,026 8,782 9,384 May-19 1,819 2,402 7,038 7,083 8,857 9,485 Jun-19 1,848 2,492 7,016 7,101 8,864 9,594 Jul-19 1,782 2,503 7,090 7,208 8,872 9,711 Aug-19 1,790 2,469 7,127 7,256 8,917 9,726 Sep-19 1,744 2,466 7,130 7,319 8,875 9,785 Oct-19 1,778 2,339 7,102 7,287 8,880 9,625 Nov-19 1,725 2,222 7,118 7...

8. ENVC Hearing 6Oct14 AC revised evidence chief Bremner tracked [pdf, 908 KB]

   ...Wharves. The Proposal may maintain accessibility in the short term provided Mr Shumane’s recommendations can be implemented, but doubt remains as to the longer term scenario. The Proposal was not anticipated to enhance accessibility. 101. The Proposal was considered to be contrary to Objective 13.3.3 - Roading and its Policies 1, 2 and 6. The Proposal would convey an access right for some private vehicles through an area identified for passenger transport priorities. I r...

9. Wright v Ngamoki-Cameron - Heretatua (manu on the Tītī Island of Taukihepa) [2015] Chief Judge's MB 108 (2015 CJ 108) [pdf, 475 KB]

   ...justify a rehearing. With reference to Te Purei: 38 (a) The judgment was not obtained by any unfair or improper practice; (b) No material evidence has been discovered by the applicant; and (c) No witness misconduct has been alleged. [101] Mr Ngamoki-Cameron alleges that a rehearing is necessary in order to avoid possible injustice to him and his whānau. He states that the miscarriage of justice is that he 38 Te Purei v T...

10. Fisher v Potroz - Mohakatino Parininihi No 1C West 3A2 (2016) 361 Aotea MB 146 (361 AOT 146) [pdf, 552 KB]

    ...would affect only the equitable title, unless special provision was made elsewhere in the 1931 Act for registration of such an order. As confirmation by the Court was not required there would be no resulting order of the Court to be registered. [101] As the transfer in 1942 was not registered in accordance with s 38 of the Land Transfer Act 1915, no interest in the land could pass. The memorandum of transfer however, recognises the underlying contract for the transfer of the land...