Search Results

1. [2018] NZEnvC 243 Ohau Protection Society Incorporated v Waitaki District Council [pdf, 16 MB]

   ...Environment Commissioner K Prime Environment Commissioner J T Baines Hearing: at Oamaru on 16 and 17 October 2018 Site visit on 18 October 2018 Appearances: R Enright for the appellant M Garbett for the respondent J Leckie and S Reese for the Applicant Date of Decision: 19 December 2018 Date of Issue: 19 December 2018 DECISION OF THE ENVIRONMENT COURT A: The appeal is dismissed. Consent is granted on the conditions in Annexure A, to commence on the date the court issues a seal...

2. 2021 NZPSPLA 032.pdf [pdf, 108 KB]

   ...recognised her from there. [13] The recorded conversation also establishes that Mrs D did not try and diffuse the situation nor did she ask Mr M to go back to the house to see confirmation of the payment or for a cup of tea or a beer. No such request was made. To the contrary she repeatedly told Mr M to go away and come back on Monday and she also told him to “take a chill pill and think about it”. [14] Mrs D also claimed that when she returned to where the transport vehicle...

3. Proactive release – Community Magistrates (Remuneration and Allowances) Order 2019 [pdf, 690 KB]

   ...(Remuneration and Allowances) Order 2019 Date of issue: 27 November 2019 The following documents have been proactively released in accordance with Cabinet Office Circular CO (18) 4. Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be released. Where that is the case, the relevant section of the OIA has been noted and no public interest has been identified that would outweigh the reasons for withholding...

4. [2017] NZEmpC 115 Schollum and Hastings v Corporate Consumables Ltd [pdf, 598 KB]

   ...and Mr Hastings issued proceedings in the Authority as did several other employees of Corporate Consumables. Ms Schollum and Mr Hastings successfully applied to the Authority to remove the proceeding relating to them to the Court.1 [6] At the request of the parties this judgment is concerned only with potential liability.2 This course of action was taken because the parties considered that, if the plaintiffs succeed, establishing quantum will be a straightforward exercise and agr...

5. [2019] NZEnvC 101 Stone v Hastings District Council [pdf, 1.2 MB]

   ...Respondent Environment Commissioner JA Hodges At Napier on 9-10 April 2019 MB Lawson for Brett and Mary Stone ME Casey QC for Hastings District Council 4 June 2019 a 4 JUN 2019 DECISION OFTHE ENVIRONMENT COURT A: The appeal is refused. B: Any application for costs must be made within 10 working days of receipt of this decision and the party against whom costs are sought must respond within a further five working days. 2 Contents Appellants .............................

6. [2013] NZEmpC 34 Baker v St John Central Regional Trust Board [pdf, 102 KB]

   ...availability roster, they can take their name off the roster and/or still decline jobs at the time they are offered work. [12] Miss Baker became a member of the Ambulance Officers Workplace Union (the Union) in early 2007. She recorded on a membership application form that she was a casual PTO. The membership application form records, above the signature line, that Miss Baker had read the form, understood it, and accepted it. From this date she was subject to the Patient Trans...

7. [2014] NZEmpC 236 Lyttelton Port Co Ltd v Rail Maritime Transport Union Inc [pdf, 119 KB]

   ...LYTTELTON PORT COMPANY LIMITED v RAIL AND MARITIME TRANSPORT UNION INCORPORATED NZEmpC CHRISTCHURCH [2014] NZEmpC 236 [22 December 2014] IN THE EMPLOYMENT COURT CHRISTCHURCH [2014] NZEmpC 236 EMPC 331/2014 IN THE MATTER OF an application for an injunction BETWEEN LYTTELTON PORT COMPANY LIMITED Plaintiff AND RAIL AND MARITIME TRANSPORT UNION INCORPORATED Defendant Hearing: (in chambers on Sunday, 21 December 2014) Heard at We...

8. [2021] NZEnvC 164 Otago Regional Council [pdf, 4 MB]

   ...notice of motion under section 149T(2) to decide proposed Plan Change 7: Water for Otago (referred to the Environment Court by the Minister for the Environment under s 142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127) Applicant Court: Environment Judge J E Borthwick Environment Commissioner K A Edmonds Environment Commissioner D J Bunting Hearing: at Dunedin on 8–26 March 2021, 17–28 May 2021, 28 June 2021–7 July 2021 at Cromwell on 12–21 A...

9. [2021] NZEnvC 164 Otago Regional Council [pdf, 4 MB]

   ...notice of motion under section 149T(2) to decide proposed Plan Change 7: Water for Otago (referred to the Environment Court by the Minister for the Environment under s 142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127) Applicant Court: Environment Judge J E Borthwick Environment Commissioner K A Edmonds Environment Commissioner D J Bunting Hearing: at Dunedin on 8–26 March 2021, 17–28 May 2021, 28 June 2021–7 July 2021 at Cromwell on 12–21 A...

10. Waal v Accident Compensation Corporation [2016] NZACA 05 [pdf, 291 KB]

    ...backdated to the misadventure in 1984. It was declined as the Corporation said it could not obtain information about his earnings from 1984 to 1996. A review was dismissed as the reviewer found that the Corporation had been prejudiced by the late claim, given the missing record of his remuneration. [5] The essential issue for me is whether Mr de Waal has shown that the discomfort or even pain suffered from time to time in varying degrees, as a result of the misadventure, was suffi...