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1. CAC20004 v Vessey [2015] NZREADT 46 [pdf, 167 KB]

   ...In general, we feel that it would not have been excessive for the defendant’s period of suspension to have been longer than we have ordered. 6 [27] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Ms C...

2. Michael Moore – Rebuttal (dated 12 June 2017) [pdf, 6.4 MB]

   BI-309448-3-771-V1 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER Of an appeal under section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent REBUTTAL EVIDENCE OF MICHAEL WILLIAM MOORE ______________________________________...

3. Ngatai v Tawhai - Wharawhara 22 (2020) 241 Waiariki MB 252 (241 WAR 252) [pdf, 239 KB]

   ...absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [12] There are several superior court authorities regarding the principles applicable to the serious step of removal of trustees. They include the Court of Appeal judgment Rameka v Hall,8 that Court’s decision Naera v Fenwick,9 and Pryor v Perenara, a judgment of the Māori Appellate Court.10 [13] All these authorities support the following general propositions: (a) removal is a serious...

4. SL v MM LCRO 272 / 2011 (2 November 2012) [pdf, 58 KB]

   ...relevant to this situation: - 353 Continuation of disciplinary proceedings and certain other proceedings (1) This section applies to the following proceedings: (a) all proceedings in relation to all investigations, inquiries, applications, appeals, and other proceedings of a disciplinary nature under the Law Practitioners Act 1982 which have been commenced before the commencement of this section and which have not been determined or completed before the commencement of this sect...

5. EMPC Swearing in Judge Inglis [pdf, 130 KB]

   ...http://justedit.justice.govt.nz/courts/employment-court/judicial-papers-and-speeches/remarks-of-chief-judge-gl-colgan-on-the-occasion-of-the-swearing-in-as-a-judge-of-the-employment-court-of-judge-christina-inglis-on-30-september-2011#_ftn5 It was this Court followed by the Court of Appeal[6] which first adapted foreign law notions of good faith dealing between employers, unions, and employees in all aspects of their relationships that are now enshrined in statute and, I venture to sugge...

6. [2015] NZEmpC 176 Lean Meats Oamaru Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 222 KB]

   ...or what their negotiating stance was at any particular time. 16 [22] Later in the same judgment, Judge Ford referred to another decision which contains statements that are relevant for present purposes: 17 [18] Historically, as the Court of Appeal recognised in Silver Fern Farms, contextual considerations have always had a particular significance in relation to the interpretation of industrial agreement. At [15] of that case the Court of Appeal noted with approval 18 the app...

7. [2022] NZEmpC 163 Matajod v Crazy Horse Ltd [pdf, 249 KB]

   ...Supreme Court’s observation that “the merits will not generally be relevant where there has been an insignificant delay as a result of a legal adviser’s error and the proposed respondents have suffered no prejudice (beyond the fact of an appeal)”.8 I have already found that the delay was not insignificant; it was not the result of a legal adviser’s error; and if leave is granted to pursue a challenge, Ms Matajod will be exposed to prejudice. [17] The merits of the propo...

8. [2023] NZEnvC 125 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 436 KB]

   pNRP – Topic 14 – confidentiality order IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 125 IN THE MATTER OF appeals under clause 14(1) of Schedule 1 of the Resource Management Act 1991 AND an application for confidentiality orders under section 277 of the Act BETWEEN BAY OF ISLANDS MARITIME PARK INCORPORATED (ENV-2019-AKL-000117) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (...

9. [2007] NZEmpC WC 23/07 NZ Tramways and Public Passenger Transport Authorities Employees IUOW v Cityline (NZ) Ltd t/a Cityline Hutt Valley [pdf, 34 KB]

   ...of infinite duration – because it contained no provision for expiry – was void and of no effect as a collective employment contract. I would so construe such a contract because of its fundamental non-compliance with the Act. [24] The Court of Appeal has also held that, in spite of non-compliance with certain sections of the Employment Contracts Act, s25 left the character of the collective contract intact.2 [25] The Employment Relations Act 2000 has no equivalent to s25 and s163...

10. [2024] NZEmpC 49 Chantama v McKerchar Lamb Limited [pdf, 245 KB]

    ...While the two provisions contain different criteria, the authorities relating to r 4.56 and the general principles developed in the High Court may provide useful guidance to inform the exercise of the discretion under s 221.6 [12] The Court of Appeal has observed that the approach to applications for joinder under r 4.56 is liberal and that it imposes a fairly low threshold.7 As has been noted 4 Employment Relations Act 2000, s 221(a). 5 McCook v Chief Executive of the Inland R...