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1. [2014] NZEmpC 98 Narayan v Telecom NZ Ltd [pdf, 129 KB]

   ...the certificate to Telecom on 17 January 2012. Mr Henry had also been away on leave over this period. When he returned to work he requested Mr Narayan’s medical certificate, which by that stage was in the hands of his team leader or the human resources department. Mr Narayan alleges that the fact of Mr Henry requesting the certificate at that late stage indicated that, for an ulterior motive, Mr Henry wanted to commence a disciplinary process against him. [20] The evidence...

2. Te Manutukutuku Issue 38 [pdf, 5.7 MB]

   ...rules of natural justice, but also for reasons of efficiency and economy, the Tribunal groups for concurrent inquiry all claims which affect, or relate to, the assets of a particular area. For exam­ ple, with historical claims involving tribal resources this generally means hearing all the claims to those resources together. Thus, in order to ensure an effec­ tive, efficient, and fair hearing process, the Tribunal does not normally com­ mence hearing a claim or a group of claims...

3. [2021] NZEnvC 193 City Rail Link Limited [pdf, 155 KB]

   ...Link Limited IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2021] NZEnvC 193 IN THE MATTER OF a direct referral of a notice of requirement to alter Designation 2501 under s 198E of the Resource Management Act 1991 BETWEEN CITY RAIL LINK LIMITED (ENV-2021-AKL-107) Applicant AND AUCKLAND COUNCIL Regulatory Authority Court: Alternate Environment Judge L J Newhook Hearing: On the papers, under s279 of...

4. [2018] NZEnvC 223 Burgoyne v Northland Regional Council [pdf, 2.1 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND BETWEEN AND AND Decision No. [2018] NZEnvC "22 3, of the Resource Management Act 1991 of appeals under s 120 of the Act A BURGOYNE / TE TAU MAT A KAUMATUA 0 NGATI KURI RESEARCH UNIT (ENV-2018-AKL-000121 ) DIRECTOR-GENERAL OF CONSERVATION (ENV-2018-AKL-000126) Appellants NORTHLAND REGIONAL COUNCIL Respo...

5. [2007] NZEmpC AC 10/07 X v Auckland DHB [pdf, 338 KB]

   ...was its Deputy Chief Executive and General Manager of Auckland City Hospital, Nigel Murray. He was assisted in his role by two other significant players, the Board’s Chief Medical Officer and leading clinician, David Sage, and its Deputy Human Resources Manager, Vivienne Rawlings. The decision to dismiss the plaintiff was Dr Murray’s although taken in reliance on input and advice of Dr Sage and Ms Rawlings and also from the Board’s lawyer, Andrew Caisley. [5] Without in any...

6. FM & PM v G Ltd [2023] NZDT 134 (30 May 2023) [pdf, 191 KB]

   ...$15,000.00 deposit on the basis that the two contracts were interdependent and therefore, both deposits ought to be refunded. Furthermore, the applicants claim they were misled and did not understand that the build deposit was to be used to progress the resource consent (eg engineers, draughting). 7. The issues to be determined are (a) Is the Sale and Purchase Agreement for the sale of the land with QF Ltd and the Building Contract with the respondent for the house, interdepende...

7. 2021-03-15 Trustpower 1- Extract from s 32 Evaluation of Proposed NPS FM 2020 dated 22 July 2020 [pdf, 175 KB]

   ...Objective for the reasons discussed above 7.4 POLICY 4 Policy 4 Fresh water is managed as part of New Zealand’s integrated response to climate change. Supported by: Part 3 Subpart 2 National Objectives Framework 3.14 Setting limits on resource use 3.16 Setting environmental flows and levels 3.31 Large hydro-electric generation schemes 7.4.1 INTENT Policy 4 is a new policy and is the only policy relating to climate change in the NPS-FM 2020. It has been included as pa...

8. [2016] NZEmpC 92 Patel & Anor v Sharma [pdf, 90 KB]

   ...significant impediments to recovering any payment that may have been made and, in this case, those matters would be compounded by concerns about Mr Sharma’s ability to pay given his outstanding loan. There is no evidence Mr Sharma has the financial resources from which he could repay the plaintiffs, if required to do so, and the existence of his unpaid loan suggests he would not be able to do so. [19] Mr Sharma’s interests, at least partly, will be addressed by ensuring that...

9. [2020] NZEmpC 91 Dollar King Ltd v Jun [pdf, 208 KB]

   ...the statutory directive that it is to discharge its role “without regard to technicalities”.2 It is also clear that Parliament intended the Authority to be an accessible forum for parties (of varying financial means, capabilities and resources) to bring their employment issues to it for speedy, non-technical, pragmatic resolution.3 The Authority was designed as a new model for dispute resolution in this jurisdiction, with the Authority member taking on an inquisitorial r...

10. [2012] NZEmpC 68 Postal Workers Union v NZ Post Ltd [pdf, 110 KB]

    ...[14] A number of issues arose at a pre-trial stage, including issues relating to the identity of the plaintiff and the formulation of the question to be determined by the Court. I accept that these issues required the application of additional resources by the defendant. [15] Counsel for the defendant submits that the plaintiff’s conduct in relation to post trial issues also added unnecessarily to the costs incurred by the defendant, with particular reference to an applicati...