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1. [2008] NZEmpC WC 13B/08 Mana Coach Services Ltd v NZ Tramways and Public Passenger Transport Union Inc [pdf, 102 KB]

   ...mobile phone voicemail, he often did not respond. However, Mr Griffiths had the ability to contact MCSL, even if he was away from his office, by use of his mobile phone. [35] Surprisingly these days, Mr Griffiths’ counterpart at MCSL, its human resources manager Mr Russell, refused to and did not use a mobile telephone despite being away from his office frequently. MCSL was nevertheless contactable by telephone or facsimile transmission or email at each of its depots and, unlike...

2. [2021] NZEnvC 127 Kainga Ora v Whangarei District Council [pdf, 3 MB]

   Kāinga Ora - Homes and Communities v Whangārei District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 127 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under clause 14 of the First Schedule of the Act BETWEEN KĀINGA ORA - HOMES AND COMMUNITIES (ENV-2020-AKL-000133) Appellant AND WHANGĀREI DISTRICT COUNCIL Respondent Court: Environment Judge J A Smith sitting alone u...

3. [2018] NZEnvC 187 Calcutta Farms Limited v Matamata-Piako District Council [pdf, 2.6 MB]

   jBEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND AND Decision No. [2018] NZEnvC 187 of the Resource Management Act 1991 of an appeal against a decision on a proposed Plan Change pursuant to clause 14 of Schedule 1 S of the Act CALCUTTA FARMS LIMITED (ENV-2017-AKL-000161 ) Appellant MATAMATA-PIAKO DISTRICT COUNCIL Respondent INGHAMS ENTERPRISES (NZ) PTY LIMITED NEW ZEALAND TRANSPORT AGENCY J & S JOHNSON 0&...

4. [2017] NZEmpC 11 Matsuoka v LSG Sky Chefs Ltd [pdf, 173 KB]

   ...to vacation of fixtures leads to inconvenience and costs not only to the other parties to [those] proceedings but to other parties awaiting fixtures in the Court. Fixtures allocated by this Court are commitments of limited judicial and Court resources. Time is booked for the case. Other parties who might otherwise have had their cases allocated hearing time are disadvantaged by default which leads to late vacation of fixtures. [32] That is a further reason which supports an awa...

5. [2020] NZEnvC 051 Waikato Regional Council [pdf, 326 KB]

   Waikato Regional Council Plan Change 1 BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Decision No. [2020] NZEnvC 051 IN THE MATTER of the Resource Management Act 1991 (the Act) AND of potential appeals under Clause 14 of Schedule 1 of the Act against the decision of the Waikato Regional Council on Proposed Plan Change 1 to the Waikato Regional Plan AND of applications for a waiver under section 281 of the Act to extend the timeframe for filing not...

6. LCRO 75/2016 XN and WN v VO (25 February 2019) [pdf, 242 KB]

   ...half of 2012 the parties had discussions and exchanged communications about contributions towards the cost of forming the main access by constructing a concrete driveway. In November 2012 Mr and Mrs N provided their consent to Mr and Mrs VO’s resource consent application to build a house. [9] Disagreement as to the scope and terms of the alternative access agreement arose. In particular, whether Mr and Mrs VO had “exclusive use” of the alternative access. Mr and Mrs VO issu...

7. [2018] NZEnvC 166 Queenstown Lakes District Council v Sunnyheights Limited [pdf, 8.1 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 166 of the Resource Management Act 1991 of an application for enforcement orders pursuant to section 316 of the Act QUEENSTOWN LAKES DISTRICT COUNCIL (ENV-2018-CHC-186) Applicant SUNNYHEIGHTS LIMITED Respondent Court: Environment Judge J R Jackson Hearing: In Chambers at Christchurch Date of Decision: 6 September 2018 Date of Issue: 6 Septem...

8. [2023] NZEmpC 173 Pact Group v Robinson [pdf, 334 KB]

   ...company (management, financial, human resources and legal) are also relevant to an assessment of the ‘reasonable action’ mix.5 Put in a nutshell, higher standards can generally be expected of the notional fair and reasonable employer who is well resourced and well supported.6 [24] It is clear from the evidence that Ms Robinson’s email which triggered Mr Cardy’s involvement came at a time of significant transition within the workplace. Lockdown had recently been lifted an...

9. IPT 2021-22 Annual Report [pdf, 526 KB]

   ...members on site had to be limited and this negatively impacted the timely receipt of appeal files, their despatch to members, and many other administrative duties. Courier services were limited and stretched. Members could not access administrative resources such as office printers and photocopiers or the Tribunal’s library. 5. The second half of the court year (January–June 2022) saw further challenges in developing and implementing a sound system for setting hearings down rem...

10. [2008] Olsen v Carter Holt Harvey IT Ltd Full Court [Chief Judge Colgan, Judges Shaw and Couch, AC 45/08 [pdf, 97 KB]

    ...sent away. The facts [15] Mrs Olsen was employed by DMS as a company accountant in June 2003. Later that year, her position was changed to Business Services Manager. In that role she was responsible for the company’s finance and human resources functions. [16] DMS was formed as a joint venture between Carter Holt Harvey Limited (“CHH”), the Electronic Company of New Zealand (1971) Limited (“ECONZ”) and Dynes Management Limited (“Dynes”). The purpose of DMS was...