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1. [2010] NZEmpC 41 Shortland v Alexander Construction Co Ltd [pdf, 38 KB]

   ...employment which had been agreed. In the alternative, the defendant now says that it was a genuine redundancy. [2] The Employment Relations Authority investigated the matter and found in favour of the defendant, dismissing the plaintiff’s claim. The plaintiff challenged the whole of that determination and the matter proceeded before me today by way of a hearing de novo. [3] I heard evidence from three witnesses. First was the plaintiff. On behalf of the defendant...

2. Youth Court - Signed, sealed – (but not yet fully) delivered [pdf, 817 KB]

   ...followed by formalised “official” decision making and a relatively high reliance on the institutionalisation of young offenders. Families and communities felt disempowered. In particular, Māori (the indigenous peoples of Aotearoa New Zealand) claimed to be marginalised and disadvantaged by the mono-cultural process. The enactment of the Children, Young Persons and their Families Act in 1989, which in today’s public climate might struggle to be passed, introduced a new paradigm...

3. [2019] NZEnvC 206 Lake McKay Station Limited v Queenstown Lakes District Council [pdf, 15 MB]

   ...interests in relation to the several matters that arise in the various sub-topics for consideration . However, both decisions are to be treated as having arisen from the same hearings, and associated deliberations, and that the reasoning in each informs, and applies to both. Background [9] Landscape expert, Ms Lucas, aptly describes the Upper Clutha Basin as "ice­ sculpted". That description is particularly apt for the landforms in issue in each of the sub-topic 1 appeal...

4. [2022] NZACC 7 – Calzadilla v ACC (20 January 2022) [pdf, 361 KB]

   ...ankle. She was able to weight bear on it, but it remained sore and swollen on presentation to the emergency department on 24 October 2017. The impression was of a sprain with swelling and bruising related to dabigatran, her medication. An ACC claim for a sprain was lodged by the Hutt DHB. [4] Cover was approved on 25 October 2017. [5] The appellant continued to work as a chef, however she experienced significant pain and sought further treatment. On 14 December 2017 she was ce...

5. ENVC Matiatia transcript 20150727 [pdf, 1.9 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND ENV-2013-AKL-000174 IN THE MATTER OF A Notice of Motion under s87G requesting the granting of resource consents to Waiheke Marinas Ltd to establish a Marina @ Matiatia Bay Waiheke Island in the Hauraki Gulf. BETWEEN WAIHEKE MARINAS LTD Applicant AND AUCKLAND COUNCIL DIRECTION MATIATIA INCORPORATED NGATI PAOA IWI TRUST AUCKLAND TRANSPORT THOMAS GREVE AND KRISTIN LEWIS Other s274 Parties Hear...

6. [2012] NZEmpC 19 Warmington & ONeill v AFFCO NZ Ltd [pdf, 214 KB]

   ...belief that the restraint of trade provisions contained within them were not binding, enforceable or justifiable. They say that they relied on what Mr Ogg had told them and entered into the agreements on this basis. Secondly, the plaintiffs claim that even if there was no unfair bargaining, the evidence falls short of establishing that the provision is reasonable and necessary to protect any genuine proprietary interest of AFFCO. It is further submitted that any information belon...

7. [2012] NZEmpC 48 Carter Holt Harvey Limited v McAuley [pdf, 134 KB]

   ...was disadvantaged unjustifiably in his employment. That decision in turn depends upon whether Mr McAuley was an employee engaged on two lawful fixed term employment agreements, the expiry of the latter of which entitled the company to reject his claim to benefits that would have been available to a so-called ‘permanent’ 2 employee. [2] The Employment Relations Authority, in its determination issued on 17 August 2011, found that Mr McAuley was not subject to lawful fixed term...

8. Williams - Estate of Blewett Porou Williams [2018] Māori Appellate Court MB 47 (2018 APPEAL 47) [pdf, 332 KB]

   ...daughter NYGENA RAWIRI. The income from the Trust shall be put towards educational purposes for my mokopuna (grandchildren) and their descendants as equally and fairly as practicable PROVIDED HOWEVER that should the Māori Land Court decline any application to create the aforementioned Trust then I GIVE my said Māori land interests and shares in Māori Incorporations to such of my grandchildren as shall survive me in equal shares upon each of the said grandchildren attaining or havin...

9. S v Xue [2015] NZIACDT 58 (15 May 2015) [pdf, 188 KB]

   ...practitioner is an important factor when appropriate (B v B HC Auckland HC4/92, 6 April 1993). In Patel v The Dentists Disciplinary Tribunal HC AK AP 77/02 8 October 2002 at [30]-[31], the Court stressed, when imposing sanctions in the disciplinary process applicable to that case, that it was necessary to consider the “alternatives available short of removal and explain why lesser options have not been adopted in the circumstances of the case”. [24] In the present case, Ms Xue has ta...

10. CVA support for victims of family violence and sexual violence 29Mar2020 [pdf, 284 KB]

    ...services with national help lines available to talk to you, as well as offer practical support and access to safe, emergency accommodation if you need it. “Leaving your home to get yourself and/or others to safety is considered an essential form of travel and you will not be in breach of the level 4 restrictions if you leave your neighbourhood for these reasons. “Sometimes it is unsafe for you to reach out for help while you are in the same space as the person who is hurti...