Search Results

1. [2021] NZEmpC 199 Lawton v Steel Pencil Holdings Ltd [pdf, 415 KB]

   ...intervene in the proceedings, given the wider importance of the preliminary question of law identified by the Authority. The Court considered it would likely be 1 Employment Relations Act 2000, ss 142W and 142Y; Holidays Act 2003, s 77A; Wages Protection Act 1983, s 11A. 2 Lawton v Steel Pencil Holdings Ltd (in liq) [2021] NZERA 92 (Member Loftus). 3 At [19]. 4 At [20]. assisted by hearing from MBIE on the interpretation of relevant provisions of Part 9A of the E...

2. [2017] NZEmpC 152 Performance Cleaners v Chinan [pdf, 546 KB]

   ...Cleaners’ response [11] Of the three grounds relied on for a strike-out order, two are related: that the challenge is frivolous and vexatious, and that it is an abuse of the Court’s process. In essence, Ms Chinan submits that there has been a protection order in place against Mr Barron stemming from the breakdown of the de facto relationship since 2012, with him being sentenced to nine months’ supervision for breaches of the order in 2015; and that having regard to extended l...

3. [2018] NZEnvC 009 Invercargill Airport Ltd v Invercargill City Council [pdf, 6.6 MB]

   ...then the high setting ventilation requirements for that space is not required. Scope [10] In general terms, IAL's submission on the Proposed Plan and its related notice of appeal are concerned with ensuring that the Airport is appropriately protected from reverse sensitivity effects and that people living near the Airport have an appropriate level of internal amenity '" [11] IAL's submission supported Appendix VI as notified as at that time IAL believed the r...

4. [2017] NZEnvC 209 Auckland Council v London Pacific Family Trust [pdf, 1.1 MB]

   ...provisions. [6] The SCAR (as part of the Special Character Overlay Residential and Business) is one of no fewer than 27 Overlays in the AUP. As the word suggests, 'Overlays' are spatially mapped in the AUP. They serve to recognise, manage and protect particular values and resources across the Auckland region. As such, they can apply across parts of Zones and Precincts. The SCAR also includes objectives, policies and rules (including activity classifications and standards)....

5. Walker v Flight - Waipapa 1D 2B 3B (2016) 352 Aotea MB 211 (352 AOT 211) [pdf, 263 KB]

   ...approximately 40 hectares. [3] Mr Flight implores the Court to refuse the injunction. He says that a dwelling of one form or another has been situated on the land for almost three quarters of a century. In addition, the respondent says that he cares for a child with a chronic mental illness and simply cannot afford to either live somewhere else or pay the costs of removal of the dwelling. [4] Mr Flight also says that earlier and genuine attempts to negotiate a practical sett...

6. [2023] NZEnvC 239 Nelson-Marlborough Fish & Game Council v Marlborough District Council [pdf, 4.2 MB]

   ...and Te Rūnanga o Ngāi Tahu Te Rūnanga o Ngāti Kuia Trust Te Rūnanga a Rangitāne o Wairau The New Zealand King Salmon Co. Limited Top of the South Wood Council Transpower New Zealand Limited Ravensdown Limited Royal Forest and Bird Protection Society of New Zealand Incorporated Waka Kotahi NZ Transport Agency Wine Marlborough Limited Yachting New Zealand Incorporated 7 Table 2: Withdrawn appeal points Appellants Provision Environmental Defence Society...

7. 2021-02-19 Tom de Pelsemaeker - Reply - Planning (19 Feb 2021) [pdf, 605 KB]

   .......................................................................................... 44 MATTERS RAISED ON SPECIFIC PROVISIONS ................................ 47 Objective 10A1.1 ........................................................................................................... 47 Policy 10A.2.1 / Rule 10A.3.1.1 - Protection of native freshwater species ............. 48 Policy 10A.2.1, Controlled Activity Rule 10A.3.1.1 – Reducing allocations ........... 49 Policy 10A.2.1...

8. [2020] NZEmpC 222 Flashoff v New Zealand Technology Group Hawkes Bay Ltd [pdf, 311 KB]

   ...for the respondents that their employment agreements were subject to completion of the underlying commercial contracts, and that NZTG had not provided a satisfactory evidential basis for concluding that it had a property interest that required protection. But the Authority put those issues to one side on the basis that they were not for it to consider. It focused only on the IEAs. The Authority determined the company had a strongly arguable case if due regard was to be given to t...

9. Common Bundle Volume 1 [pdf, 3.9 MB]

   ...Regional Council – s149G(3) report on key issues (9 October 2020) CB1420 12A Appendix A: Minister for the Environment’s direction to refer Plan Change 7 to the Environment Court (8 April 2020) CB1472 12B Appendix B: Letter from Environmental Protection Authority commissioning Skelton report (15 September 2020) CB1474 12C Appendix C: Minister’s letter in response to Skelton report CB1476 12D Appendix D: Professor Skelton – Investigation of Freshwater Management and A...

10. RIA Terrorism Suppression Act part 1 [pdf, 949 KB]

    ...Justice Summary: Problem and Proposed Approach Problem Definition What problem or opportunity does this proposal seek to address? Why is Government intervention required? The Government’s overall goal is to prevent terrorism and protect the safety of New Zealanders. In March 2019, there were mass shootings at two mosques in Christchurch. The risk of successful terrorist attacks presents a threat to peoples’ lives and wellbeing (public safety). Earlier intervention...