Search Results

1. [2015] NZEmpC 59 Bracewell v Richmond Services Limited [pdf, 146 KB]

   ...judgment: a) Application for an order of enforcement directing that the Bay of Plenty District Health Board (Bay of Plenty DHB) provide the Court with certain documents relating to Client A’s mental health status. b) Application for leave to permit Ms Bracewell to examine confidential documents of Client A which are held by the Registrar. c) Application for continuation of a stay of execution of orders as made previously. Application in respect of information held by Bay o...

2. ENVC Matiatia party corresp DMI amended applic out scope 20150130 [pdf, 680 KB]

   ...point, we submit that these principles ought logically to apply to an application made by way of direct referral to the Environment Court under s 87F of the Act. The Application as lodged and Notified 10. The application forms8 described the permits sought as including:9 and:10 "a reclamation of approximately 3020m2 for the purposes of providing vehicle parking for marina users and the Coast Guard, along with vehicle control facilities, a waste water holding tank, electricit...

3. [2006] NZEmpC AC 34/06 NZ Engineering Printing & Manufacturing Union v ACI Operations NZ Ltd [pdf, 71 KB]

   ...simply note for the benefit of the parties that, where the collective agreement refers to sickness, this must be construed as sickness or injury. Equally, s65 has expanded the range of persons other than the employee whose sickness or injury will permit the taking of sick leave and the collective agreement must be regarded as including the whole of the range contemplated by s65(1)(b) and (c). [38] Given that the minimum requirement under s65 is five days sick leave and that the c...

4. [2009] NZEmpC CC 21/09 Solid Energy Nz Ltd V Manson Ors [pdf, 73 KB]

   ...affected employees were individually interviewed by Mr Stodart, Mr Todd and Mrs Reynolds. In each case, the employee was shown a copy of the assessment which had been made of him or her and invited to comment on the scores given. Employees were not permitted to keep a copy of their assessment, even when they asked to do so, and were not told the scores of other employees. Comments made on the copies of the forms held by management, many of which were adverse, were not disclosed u...

5. Establishment of Canterbury Earthquakes Insurance Tribunal [pdf, 257 KB]

   ...to appeal to the next level of decision- maker, on matters of fact and law. I propose limiting this so that the first appeal is directly to the High Court (bypassing the District Court for claims usually within its $350,000 jurisdiction) and is only permitted with leave of the High Court. Appeals will still be permitted on matters of fact and law. 41 This approach maintains natural justice by retaining the ability for the Tribunal’s determinations to be appealed, while reducing the ri...

6. [2024] NZEnvC 154 100WPS Trustees Limited v Queenstown Lakes District Council [pdf, 464 KB]

   ...roof overhangs with a minimum depth of 1.0 metre. (iii) The roof pitch for all structures within Lot 100 shall be 28° to 40° or an appropriate pitch required to enable a living green roof. Flat roofs (other than a living green roof) are only permitted as connections between structures and shall not exceed 20% of the total roof area. (iv) All roofing material shall be finished in dark recessive tones of grey, green or brown with a light reflectivity value of between 7% and 20% an...

7. Central Standards Committee 3 v Bailey [2023] NZLCDT 53 (5 December 2023) [pdf, 191 KB]

   ...blanket prohibition against acting for more than one client in a matter. This can be interpreted as permission to act. But permission should not be taken as encouragement, and that permission is restricted to limited circumstances. The rules permit acting for more than one client in a matter only where the risk (that the lawyer may be unable to discharge the obligations owed to one or more of the clients) is negligible, and where the informed consent of all parties is obtained. T...

8. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Application by Victims to be Heard) [2013] NZHRRT 26 [pdf, 79 KB]

   ...been set down for hearing as the parties have been working their way through the pre-hearing timetable steps set by the Chairperson. [4] By application dated 20 June 2013 the two victims of the aggrieved person sought orders that: [4.1] They be permitted to intervene as interested parties in these proceedings. [4.2] Their solicitor, Ms Pender, be appointed as amicus curiae to represent their interests in the proceedings. [4.3] Their legal costs be met out of public funds. [5] In a...

9. Wihelmus Hooft van Huijsduijnen v Woodley [2012] NZWHT Auckland 11 [pdf, 451 KB]

   ...clause read: 7.0 Vendor’s warranties and Undertakings …7.2 The vendor warrants and undertakes that at the giving and taking of possession… … (5) Where the vendor has done or caused to be done on the property any works for which a permit or building consent is required by law: (a) the required permit or consent is obtained; and (b) the works were completed in compliance with that permit or consent; and (c) where appropriate, a code compliance certificate was issue...

10. [2013] NZEmpC 158 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 102 KB]

    ...Court has no jurisdiction to hear and decide such claims. The Court’s jurisdiction is defined in s 187(1) of the Act. All but the last paragraph of that subsection refer to provisions of the Act and are clearly inapplicable. Paragraph (l) permits the Court to exercise its powers in relation to offences but only offences “against this Act” 3 . The final paragraph (m) empowers the Court “to exercise such other functions and powers as are conferred on it by this or any other...