Search Results

1. [2018] NZEnvC 190 Jacks Point v Queesntown Lakes District Council [pdf, 7.1 MB]

   ...in cl14(2)(a) Sch 1 concerning scope to appeal , namely: a person may appeal under subclause (1) only if ... the person referred to the provision or the matter in the person's submission on the proposed policy statement or plan. [25] Case law has established cI14(2)(a) Sch 1 provides scope for relief on appeal that is "fa irly and reasonably within the scope of the original submission or the proposed plan provision or somewhere in between". A recent case in which this a...

2. [2021] NZEmpC 186 Restaurant Brands Ltd v Gill [pdf, 349 KB]

   ...it, his employment was ending. From his perspective, he had no basis to say he had ongoing employment prospects at RBL. Accordingly, he did not reply to Ms Douglas’ email. [44] However, he did take legal advice. On 6 March 2019, a lawyer on his behalf wrote to Ms Douglas describing the facts from Mr Gill’s perspective, and stating he intended to raise a personal grievance for unjustified action and unjustified dismissal. It had been impossible for him to renew his w...

3. Chen v Gu-Chang [2013] NZIACDT 16 (19 March 2013) [pdf, 221 KB]

   ...Zi Chen Complainant AND Sammi Li Shuang Gu-Chang Adviser DECISION REPRESENTATION: Complainant: Mr T Delamere, Licensed Immigration Adviser, Auckland Adviser: Mr S Laurent, Laurent Law, Auckland Date Issued: 19 March 2013 2 DECISION Introduction [1] This complaint relates to Ms Gu-Chang’s conduct and is made by her client Mr Chen. [2] The same circumstances have resulted in a complaint...

4. [2019] NZEmpC 99 Fernandez v Rappongi Excursions Ltd t/a Denny’s Restaurants [pdf, 440 KB]

   ...shares but obviously considering the best interests of the beneficiaries. I appreciate you currently have a family trust but I suspect that your wife is a discretionary beneficiary, and you have advised that you are a trustee together with your lawyer Peter Chamberlain. As Jay is going to be in New Zealand on 14 February, we need to move with some haste to complete considerable legal work and therefore the issue of your shareholding must be resolved as a matter of some urgency.

5. People charged and convicted of psychoactive substances offences December 2019 [xlsx, 216 KB]

   ...each year. In some instances, ethnicity information is not recorded by Police, such as when the process for charging people involves a summons. Ethnicity information is also not recorded when a charge is prosecuted by an agency other than Police, Crown Law or Corrections (e.g. Inland Revenue, Ministry of Social Development, and Ministry of Primary Industries). Age is the person's age at the offence date of their most serious offence each year. A small number of records in the Ministry of J...

6. Tom De Pelsemaeker - Evidence in reply to supplementary evidence of TA's (21 May 2021) [pdf, 232 KB]

   ...above are outlined in rules 12.1.4.8 and 12.2.3.4. Most matters of discretion listed in rule 12.1.4.8 and 12.2.3.4 provide ORC with discretion to consider the effects of the abstraction on the source water body, connected water bodies and other lawful takes and uses of water from that water body or connected water body. However, environmental effects and efficiency of end-use can be considered under the following matters of discretion: (a) The rate, volume, timing and frequency of...

7. [2017] NZEnvC 190 Hood v Dunedin City Council [pdf, 4.6 MB]

   ...Regional Council ('ORC') has statutory responsibility for the drain. It has a designation requirement for it in the 2GP (encompassing the drain and immediate curtilage). The drain is scheduled in ORC's Flood Protection Management Bylaw 2012 (,ORC bylaw'/'bylaw'). The bylaw requires that ORC consent be obtained to put any building or structure or vegetation within a 7m restriction zone from the top edge of the drain on either side.' The applicants hav...

8. [2006] NZEmpC WC 23/06 Spotless Services (NZ) Ltd v Morrison [pdf, 81 KB]

   ...describe her body language as hostile. She asked for her individual employment agreement, agreed that she had an issue with Ms Bryant but did not want to discuss it, and asked for points to be put down in writing so she could pass them on to her lawyer. [34] Ms Morrison had taken some more leave to attend a sick child without seeking prior approval. Mr Starling told her again she had no sick leave entitlement owing but, given her difficult circumstances, took no action against her...

9. O'Hagan v Police [2020] NZHRRT 22 [pdf, 827 KB]

   ...claims he had been unable to decipher the content of the redacted passages in some of the documents. He said that had he been given the information in a more reasonable timeframe he would have been able to take advice from his psychologist and from a lawyer. He felt his strategy for questioning his wife at the hearing needed to be revised. 4 [17] At the heart of Mr O’Hagan’s complaint about the late delivery of the information is a contention that at the contact hearing he ha...

10. [2014] NZEmpC 83 Wilson v Wilson [pdf, 198 KB]

    ...or she could reasonably be expected to be in a position to give admissible evidence on those matters. 2 The Court is not bound by the provisions of the Evidence Act, but may apply its provisions by analogy. 3 Section 92 codifies the common law requirement that a party must put its case. 4 The policy for doing so is uncontroversial especially where there are credibility issues. As Harrison J in Tootell v Police said: 5 This is a fundamental rule of fairness. It also serves...