Search Results

1. [2021] NZEmpC 55 MacLeod and Others v Wellington City Transport Ltd and CityLine (NZ) Ltd [pdf, 257 KB]

   ...the 250-odd persons who were the subject of the lockout notices would, if those notices were allowed to stand, remain locked out under the demand that the Tramways Union sign a MECA and not two SECAs. [38] Section 94 of the Act describes the form of the notice that is applicable to an employer providing passenger transport services. The notice must describe the date and time on which, or an event on the occurrence of which, the lockout will end. As noted, that event is described...

2. ENVC Hearing 6Oct14 TGKL case law 2 Paku Bay [pdf, 142 KB]

   Guardians of Paku Bay Association Inc v Waikato Regional Council High Court, Auckland (CIV-2010-404-8097) Wylie J 24 May; 25 July 2011 Resource management — Activity — Non-complying — Plans and schemes — Coastal — Marina — Appeal — Applicants successfully sought the introduction of marina zones and unsuccessfully sought resource and related land use consents for a 150-berth marina — Applicants had reduced and amended a proposal for a 95-berth marina approved — Environment...

3. [2021] NZEnvC 115 Te Whanau a Kai Trust v Gisborne District Council [pdf, 9.4 MB]

   ...jurisdiction, Mr Naden submitted that the Court should then consider whether Te Whanau a Kai does have a proprietary interest in freshwater. 20 Native title, he submitted, is recognised in New Zealand; the legal precepts and findings of land cases being applicable to the Trust's claim to native title in freshwater and there also being recognition of non-territorial customary rights in fisheries and native title in the foreshore and seabed.21 The test to determine whether native t...

4. Miller v REAA & Robinson [2013] NZREADT 14 [pdf, 84 KB]

   ...[14] At 8.50 am the next morning (7 March 2012), the licensee arrived at the appellant’s office with eight boxes of files. It took the appellant one and a half days to organise that material and he found that none of the specific documents he had requested had been returned. [15] Also, on 7 March 2012 the appellant received two cancellation of agencies notices dated 5 March 2012 for particular properties showing that the licensee had taken over such marketing on the basis of then be...

5. LCRO 20/2020 WD and FJ v EG, SN and PL (7 April 2022) [pdf, 354 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2022] NZLCRO 031 Ref: LCRO 20/2020 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN WD and FJ Applicants AND EG, SN and PL Respondents The names and identifying details of the parties in this decision have been changed. DECISION Introduc...

6. [2012] NZEmpC 146 Duffy v Ngatahi horticultural P/Ship [pdf, 101 KB]

   ...Duffy says that, in May 2009, his employment was affected to his disadvantage when Ngatahi unjustifiably denied him work. He also says that he was subsequently unjustifiably dismissed. Ngatahi denies both allegations. [2] Mr Duffy pursued his claims in the Employment Relations Authority as personal grievances under Part 9 of the Employment Relations Act 2000 (“the Act”). To do so, he needed to establish that he raised those grievances with Ngatahi within the 90 day period p...

7. [2008] NZEmpC AC 44/08 HP Industries (NZ) Ltd v Davison [pdf, 54 KB]

   ...reasonable employer would have done in the circumstances. [5] In defending the challenge Mr Muller on behalf of Mr Davison accepted that his position was genuinely surplus and therefore the dismissal was substantively justified. Mr Davison’s only claim is that he was unjustifiably disadvantaged in his employment and seeks compensation for that. [6] The basis for the personal grievance at the hearing of the challenge was therefore different from that determined by the Authorit...

8. [2015] NZEmpC 132 Waterford Holdings Ltd v Morunga [pdf, 197 KB]

   ...Morunga advised the Registrar that he would not be participating in the challenge. No statement of defence or evidence was filed, and he did not attend the hearing. [5] The issues for determination are as described in WHL’s amended statement of claim. The hearing proceeded on a non de novo basis and was restricted to the alleged errors of law and/or fact as summarised earlier in this decision; in respect of its allegations WHL carried an onus of persuasion. [6] Evidence was...

9. Common Bundle Volume 2 [pdf, 3.4 MB]

   ...appropriate protection in managing water use and land use activities (see Policy 5.4.2). The opportunity to provide such protection will arise when preparing or reviewing regional and district plans under the Resource Management Act, and when considering applications for resource consents. This schedule of natural and human use values is divided into five parts: (a) Schedule 1A: Natural values (page 20-6); (aa) Schedule 1AA: Otago Resident Native Freshwater Fish – Threat Status (pa...

10. [2015] NZEnvC 050 Ngati Kahungunu v Hawkes Bay Regional Council [pdf, 1.7 MB]

    ...numerical standard (to follow in regional plans) relies on an interpretation of the amended objectives and policies, which as Ngati Kahungunu (whose position we will set out shOlily) asserts, sets a bottom line of a quality of water (through the application of OBJ 22 as proposed by the Council), that is suitable for human consumption and irrigation without treatment, or after treatment where this is necessary because of natural water quality. [IIJ To give more context, we should m...