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1. [2014] NZEmpC 81 Kellerman v Stoneware 91 Limited t/a Swtiched On Gardener [pdf, 60 KB]

   ...discretion to make orders extending time. The jurisdiction is derived from s 219 of the Employment Relations Act 2000 which, apart from a style change, is identical to s 138 of the Employment Contracts Act 1991. … The overriding consideration is the justice of the case. The following matters, where relevant, are material to the exercise of the discretion: 1. The reason of the omission to bring the case within time. 2 At [23]-[...

2. WHT - guidelines for hearing preparation & hearings [pdf, 67 KB]

   ...of that party’s application, response or evidence they must ensure the expert complies with the following guidelines. 2.2 The duty of every expert witness is to assist the assigned Member of the Tribunal impartially in relation to technical matters that lie within that expert’s area of expertise. All expert witnesses should be familiar with, and at all times comply with, the Code of Conduct for expert witnesses set out in the Tribunal’s Code of Conduct for expert witnesses whic...

3. [2022] NZEmpC 66 Solander Maritime Limited v Munro [pdf, 172 KB]

   SOLANDER MARITIME LIMITED v KENNETH JOHN MUNRO [2022] NZEmpC 66 [14 April 2022] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2022] NZEmpC 66 EMPC 123/2022 IN THE MATTER OF an application for freezing and ancillary orders AND IN THE MATTER OF an application for urgency BETWEEN SOLANDER MARITIME LIMITED Applicant AND KENNETH JOHN MUNRO Respondent Hearing: Heard at Wellington (by tele...

4. [2021] NZEmpC 75 Talent Propeller Ltd v UXK [pdf, 172 KB]

   TALENT PROPELLER LIMITED v UXK [2021] NZEmpC 75 [21 May 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2021] NZEmpC 75 EMPC 224/2020 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for an extension of time to file costs application BETWEEN TALENT PROPELLER LIMITED Plaintiff AND UXK Defendant EMPC 29/2021...

5. Hancock-Forest-Management-NZ-Limited.pdf [pdf, 133 KB]

   ...Vulcan Building Chambers DDI 09 300 1259 | E gillian@chappell.nz | PO Box 3320 Auckland 1140 | DX CP20546 | IN THE ENVIRONMENT COURT ENV-2020-AKL- AT AUCKLAND I MUA I TE KOOTI TAIAO I TĀMAKI MAKAURAU ROHE IN THE MATTER of the Resource Management Act 1991 ("RMA") AND IN THE MATTER of an appeal under clause 14(1) of Schedule 1 of the RMA against a decision of Waikato Regional Council on Plan Change 1 to the Waikato Regional Plan AND IN...

6. Auckland Standards Committee v Orlov [2011] NZLCDT 12 [pdf, 61 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 12 LCDT 011/10 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE Applicant AND EVGENY ORLOV Respondent CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Ms S Hughes QC Ms J Gray Mr W Smith Ms C Rowe HEARING at AUCKLAND on 15 April 2011 APPEARANCES Mr W Pyke for the applicant Mr E Orlov in per...

7. [2021] NZEmpC 63 Best Health Foods Ltd v Berea [pdf, 185 KB]

   BEST HEALTH FOODS LIMITED v ROXANNE BEREA [2021] NZEmpC 63 [4 May 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2021] NZEmpC 63 EMPC 398/2020 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for recall BETWEEN BEST HEALTH FOODS LIMITED Plaintiff AND ROXANNE BEREA Defendant Hearing: (o...

8. Dairy-NZ-Limited-96.pdf [pdf, 105 KB]

   ...P Lang Riverbank Chambers 5 th floor, 286 Victoria Street PO Box 19549 Hamilton 021 870 660 p.lang@xtra.co.nz IN THE ENVIRONMENT COURT ENV-2020-AKL-000096 AUCKLAND I MUA I TE KOOTI TAIAO I TĀMAKI MAKAURAU ROHE IN THE MATTER of the Resource Management Act 1991 ("RMA") AND IN THE MATTER of section 274 of the RMA BETWEEN DIRECTOR-GENERAL OF CONSERVATION Appellant AND WAIKATO REGIONAL COUNCIL Respondent AND DAIRY NZ LIMITED s274 party...

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

   IN THE MATTER IN THE MATTER BETWEEN [2012] NZACAA 6 ACA 2/05 of the Accident Compensation Act 1982 of an appeal pursuant to s 107 of the Act Grace Nee Harland Aooellant ACCIDENT COMPENSATION CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent BEFORE THE ACCIDENT COMPENSATION APPEAL AUTHORITY R Bedford HEARING on the papers APPEARANCES/COUNSEL Peter Nee Harland for appellant Paul McBride for respondent DECISION...

10. [2020] NZREADT 28 – Daji v Real Estate Agents Authority (25 June 2020) [pdf, 226 KB]

    ...with Ms Daji, if they so wished. [27] Mr Rea submitted that the Committee’s finding that Ms Daji had breached rr 6.2 and 9.10 by failing to advise the vendors as to the potential risk of having to pay double commission was a breach of natural justice, and not based on any evidence. He submitted that Mr Marshall had not made a complaint of a breach of r 9.10, and had not expressed any concern as to a potential risk to the vendors. He submitted that the Committee’s decision to i...