Search Results

1. [2012] NZEmpC 206 Faapito v CE of the Department of Corrections [pdf, 237 KB]

   ...correct manner that the prisoner’s medication had been removed and where it had been stored; Ms Faapito’s failure to put in place a follow up care plan for the inmate. [45] The Authority concluded that these failures together were more than negligence and could not simply be categorised as performance concerns, whilst acknowledging that “a more lenient employer may have chosen to deal with the failings in a different way”. The Authority concluded that these failings amou...

2. FZ v UL LCRO 257 / 2010 (17 October 2011) [pdf, 127 KB]

   ...draft agreement encompassing all of these matters to FZ’s wife (GA) advising her to seek advice in connection with the document. The draft agreement provided that GA was to have custody of the child of the marriage and referred only to two motor vehicles as relationship property. [3] Subsequently, UL received correspondence from GB, the solicitor who GA had consulted. GB sought disclosure of FZ’s interest in a residential property which had not been referred to in the draft ag...

3. Stephen Chiles (dated 12 May 2017) [pdf, 2.2 MB]

   ...North East (i.e. from 135° to 315° and from 315° and 135°). As shown in the wind roses above, the sound level data includes a significant percentage of samples that relate to low wind speed conditions when the wind turbine would be generating negligible sound. The following graph shows the sound power level of the proposed turbine at different wind speeds. This graph shows data relative to wind speeds at 10 metres above ground. These wind speeds at 10 metres above ground correspon...

4. [2024] NZEmpC 247 Courage & Ors v Attorney-General & Ors and EMPC 85/2022 Pilgrim & Ors v Attorney-General & Ors [pdf, 235 KB]

   ...the better view is that this Court has exclusive jurisdiction to determine the elements of the duties owed (and powers exercisable) by the Labour Inspector under the Employment Relations Act 2000, and whether they were breached. The appropriate vehicle for that is via judicial review proceedings in this Court. The outcome of any such proceedings might provide a basis for any tort claim for breach of statutory duty in the High Court, which is excluded from this Court’s jurisdicti...

5. [2019] NZEnvC 173 Summerset Villages (St Johns) Limited v Auckland Council [pdf, 9 MB]

   ...Resource Consents at the consent holder's cost: If, following any of the reviews required by Condition 38, there are 85th percentile delays to through and right turning traffic from the Ipswich Place and/or Truman Street . exceeding 60 seconds per vehicle within the peak one hour period, Council, care of the Council's Team Leader Central Monitoring can request the following condition be added to this consent (in consultation with Auckland Transport): If changes to the layout...

6. Final name suppression June 2019 [xlsx, 100 KB]

   ...02: Acts intended to cause injury 288 288 338 328 291 275 356 366 276 152 14% 15% 21% 18% 20% 17% 20% 24% 16% 12% 03: Sexual assault and related offences 515 500 485 787 636 676 682 506 791 617 24% 27% 30% 44% 45% 43% 39% 33% 44% 48% 04: Dangerous or negligent acts endangering persons 89 85 46 68 42 46 47 31 43 19 4% 5% 3% 4% 3% 3% 3% 2% 2% 1% 05: Abduction, harassment and other offences against the person 41 36 29 33 28 37 57 53 44 61 2% 2% 2% 2% 2% 2% 3% 3% 2% 5% 06: Robbery, extortion a...

7. [2010] NZEmpC 154 Villegas v Visypak (NZ) Ltd [pdf, 68 KB]

   ...in that part of the factory, that they needed to take extreme care as the cleaning operations involved a considerable amount of water on the floors and the water and accumulated dirt would constitute a significant potential safety hazard to his vehicle. Mr Jackson’s evidence was that the work he was doing was clearly visible and Mr Villegas should not have been in his vicinity. Mr Villegas had skidded towards him. Mr Jackson said he had put his hands up in the air and screamed...

8. [2013] NZEmpC 179 George v Auckland Council [pdf, 267 KB]

   ...undertaken by TEAM. TEAM considered that the same issues may exist within the Council. Mr Fisher met with Ms George and issues relating to the Council’s tax compliance were discussed, including issues relating to fringe benefit tax on motor vehicles and the engagement of contractors. Mr Fisher said that an agreement was reached that TEAM would provide further advice on the employee/contractor issue and the fringe benefit tax issue. Ms George could not recall the meeting, but acce...

9. Roborgh v Lay [pdf, 303 KB]

   ...67 18 THE ARCHITECT 73 19 AUCKLAND CITY COUNCIL 82 20 ARCHITECTURAL WATERPROOFING 96 21 TIMOTHY MANNING (Eighth Respondent) 98 22 TIMOTHY MANNING (Eleventh Respondent) 100 23 BRUCE CHRISTIAN 105 24 CONTRIBUTORY NEGLIGENCE 109 25 CONTRIBUTION BETWEEN RESPONDENTS 113 26 COSTS 120 27 ORDERS 121 Claim 00062 – Ponsonby Gardens Unit 9 page 3 of 122 1. BACKGROUND 1.1 The Claimants lodged a claim u...

10. [2023] NZEnvC 280 Titirangi Protection Group Incorporated v Auckland Council [pdf, 3 MB]

    ...protocols shall meet or exceed the Auckland Council kauri hygiene SOP and Biosecurity (National PA Pest Management Plan) Order 2022. Site wide hygiene protocols are to include, but are not limited to; i. Washdown facilities Site hygiene stations (vehicles, machinery and personnel) at all entry and exit points on the Project Site and between traffic light areas (as specified in Condition 37) with separate boot and equipment wash facilities at all KCZ entry points. ii. Washw...