Search Results

1. [2023] NZEnvC 163 Ngati Kuku Hapu v Bay of Plenty Regional Council [pdf, 873 KB]

   ..._________________________________________________________________ 2 A: The appeal is allowed in part. Amendments are to be made to the conditions of consent as set out in this decision. B: The appeal against the duration of consent of 35 years is refused. C: The parties are directed to confer and file a joint memorandum setting out the conditions in their amended form, for confirmation by the Court. D: Costs are reserved. REASONS Introduction This appeal concerns a d...

2. Harland v ACC [2012] NZACA 6 [pdf, 408 KB]

   ...ACCIDENT COMPENSATION APPEAL AUTHORITY R Bedford HEARING on the papers APPEARANCES/COUNSEL Peter Nee Harland for appellant Paul McBride for respondent DECISION: APPLICATION TO REINSTATE APPEAL [1] The application is to reinstate the appeal filed under ACA No. 02/05 (the appeal) that Mr Nee Harland withdrew on the applicant's behalf on 14 March 2007. [2] The appeal was against a review decision dated 20 February 2003 (the review U"(J1:;lllJl~,,-::::;:::-~ which in t...

3. Harland v ACC [2012] NZACA 2 [pdf, 62 KB]

   ...COMPENSATION APPEAL AUTHORITY R Bedford HEARING on the papers APPEARANCES/COUNSEL Peter Nee Harland for appellant Paul McBride for respondent DECISION: APPLICATION TO REINSTATE APPEAL [1] The application is to reinstate the appeal filed under ACA No. 02/05 (the appeal) that Mr Nee Harland withdrew on the applicant’s behalf on 14 March 2007. [2] The appeal was against a review decision dated 20 February 2003 (the review decision), which in turn was again...

4. [2021] NZEmpC 80 Butler v Ohope Chartered Club Inc [pdf, 244 KB]

   ...where the financial position of the Club was discussed. It held that he knew there had been talk of removing the courtesy van service for over a year and had met with the Club manager in June 2019 to discuss a reduction in his work hours as a cost saving measure.6 During that meeting they also discussed the financial state of the Club and he had been expecting a decision to stop the van service at that time.7 Weighing up the relevant aspects of the dismissal on Mr Butler the Auth...

5. [2023] NZEmpC 153 Joyce v Ultimate Siteworks Ltd [pdf, 213 KB]

   ...strike out and a challenge by the defendant to an objection to disclosure.) [1] This interlocutory judgment deals with three matters: (a) an application by Mr Joyce for a stay of the Employment Relations Authority’s (the Authority’s) costs determination; (b) an application by Ultimate Siteworks Limited (Ultimate Siteworks) for a partial strike out of Mr Joyce’s claim; and (c) a challenge from Ultimate Siteworks to Mr Joyce’s objection to disclosure....

6. [2012] NZEmpC 124 Allen v C3 Ltd [pdf, 256 KB]

   ...His evidence (which I accept) was that he complained about this several times to Mr Payne but that Mr Payne failed to take any formal action until Mr Farmer physically pushed his supervisor after being taunted one day, and was threatened with a charge of assault. Mr Payne accepted that the supervisor had been abusive and derogatory towards Mr Farmer, on an ongoing basis. He said that he had dealt with it by writing to the supervisor and reinforcing that he needed to treat his coll...

7. [2008] NZEmpC WC 19A/08 Snowdon v Radio New Zealand Ltd [pdf, 45 KB]

   ...including, but not limited to - … [3] Then followed 12 categories of documentation, much of which had already been disclosed by the defendant and inspected by the plaintiff and her agents, and which formed the basis of voluminous affidavits filed in support of these compliance proceedings. The plaintiff also sought full costs she had incurred subsequent to 7 September 2004 in achieving compliance by the defendant with its discovery obligations, including solicitor/client costs...

8. [2017] NZEmpC 98 Farmer Motor Group Ltd v McKenzie [pdf, 167 KB]

   ...2016. 1 In that determination the Authority held that it had jurisdiction to investigate the claim of the defendant, Adam McKenzie, to have been unjustifiably dismissed. The investigation meeting in the Authority was dealt with on the papers filed. The preliminary issue, which the Authority decided in Mr McKenzie’s favour, was whether the plaintiff, Farmer Motor Group Ltd (FMG) had a defence based on the fact that the employment agreement contained a 90-day trial period under...

9. Engela South Trustee Limited v Auckland Council & Ors [2013] NZWHT Auckland 12 [pdf, 103 KB]

   ...the house leaked. [2] Further investigations established that there were a number of construction defects which caused the leaks resulting in the need for a full reclad of the home. Engela has completed the remedial work and claims the costs of this work together with consequential costs and interest from the four respondents. Auckland Council was the territorial authority that issued the building consent, carried out inspections and issued a CCC. Mr Kevany says that Mr an...

10. Pilon v Iyengar and C&CDHB [2012] NZHRRT 9 [pdf, 56 KB]

    ...application, counsel does not wish to take any further part in this application or proceeding generally. Background [3] The circumstances leading to the first decision of the Tribunal given on 3 February 2011 and also leading to these present proceedings filed on 24 May 2011 are conveniently set out in the first decision of the Tribunal at paras [4] to [11]. [4] The plaintiff’s daughter was born in February 2001. There were complications in the delivery process as a result of which...