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  1. [2012] NZEmpC 142 Horton Media Ltd [pdf, 212 KB]

    ...meeting was held in the cafeteria. When the meeting concluded, the company’s Christchurch manufacturing manager, Mr Peter Kelly, called Mr Hooper out to the front office where he met with Mr Kelly and Ms Natasha Dunbier, the company’s human resources manager from Auckland. Ms Dunbier informed Mr Hooper that they had reasonable cause to believe that he was consuming drugs during working hours and he was, therefore, required to undergo a drug test and give a urine sample. Mr Ho...

  2. [2021] NZEmpC 199 Lawton v Steel Pencil Holdings Ltd [pdf, 415 KB]

    ...does not depend on establishing any ambiguity in the Agreement.19 18 Employment Relations Act 2000, s 189. 19 Firm PI 1 Ltd v Zurich Australian Insurance Ltd t/a Zurich New Zealand [2014] NZSC 147, [2015] 1 NZLR 432 at [62]-[63]; Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZSC 73 at [1(a)]. [73] In Bathurst Resources Ltd v L&M Coal Holdings Ltd, the Supreme Court found that objective evidence of a prior common consensus or mutual understanding wi...

  3. [2023] NZEmpC 180 HelloWorld Travel Services (NZ) Ltd v Unsworth [pdf, 350 KB]

    ...resulted in Ms Unsworth and Ms Towers forming a view the key decision regarding their roles had already been made which has had the unfortunate consequence of cutting them off from the rest of the restructuring process Given the high level of resource available to Helloworld to manage this process these clear flaws are difficult to understand. [62] Helloworld's actions have left it vulnerable to criticism. The flaws in the consultation process are not, on an objective assessme...

  4. [2024] NZEnvC 001 Havelock Village Limited v Waikato District Council [pdf, 2.9 MB]

    Topic 10 - Pokeno South - Proposed Waikato District Plan IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 001 IN THE MATTER OF appeals under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN HAVELOCK VILLAGE LIMITED (ENV-2023-AKL-000072) HYNDS PIPE SYSTEMS LIMITED HYNDS FOUNDATION (ENV-2023-AKL-000087) Appellants AND WAIKATO DISTRICT COUNCIL Respondent Court: En...

  5. Rātima v Sullivan - Tataraakina C (2019) 79 Tākitimu MB 103 (79 TKT 103) [pdf, 488 KB]

    ...NZLR 392 at 395 5 Willis v Barron [1902] AC 271 (HL) 6 Re Macadam v Codd [1945] 2 All ER 664, [1946] Ch 73 79 Tākitimu MB 107 substantial, that is hardly the point. Trustees are not entitled to help themselves to trust funds, property or resources without the consent of the Court. It is also well settled, that where appropriate, a trustee may make a claim for a commission for conduct that has led to an enrichment of the trust, but even in those circumstances, the Court’s ap...

  6. [2009] NZEmpC AC 31/09 Ora Ltd v Kirkley [pdf, 80 KB]

    ...private institution funded by the Te Wananga O Aotearoa and its business was educating immigrants through settlement programmes it ran. Mrs Kirkley’s responsibilities included internal administration, finance, information technology, and human resources. She was part of the management team. In the first 18 months the plaintiff enrolled some 1,000 students. The student role started to drop off early in 2005. Towards the end of that year the managing director, Rob Pickstock, re...

  7. Local Government Bill [pdf, 440 KB]

    ...their communities • Encourage greater local government co-operation • Enhance local authority decision-making • Provide for a more open decision-making process • Give local authorities more responsibility for sustainable management of the resources in their area. RELEVANT BILL OF RIGHTS ACT PROVISIONS Section 5 6. Where a provision is found to be prima facie inconsistent with a particular right or freedom, it may nevertheless be consistent with the Bill of Rights Act if it can...

  8. 25.-Appendices-below-Evidence-of-Mr-Gavin-Lister-Landscape.-Visual-and-Natural-Character.PDF [PDF, 310 KB]

    ...thaddeus.ryan@buddlefindlay.com Tel 64 4 044 620450 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011 ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ENV-2023-WLG-000005 Under the Resource Management Act 1991 In the matter of the direct referral of applications for resource consent and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project By Waka Kotahi...

  9. [2019] NZEnvC 167 Western Bay of Plenty District Council v Bay of Plenty Regional Council [pdf, 13 MB]

    167 BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Submissions: Date of Decision: Date of Issue: IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2019] NZEnvC of the Resource Management Act 1991 of an appeal pursuant to cl 14 of Schedule 1 to the Act WESTERN BAY OF PLENTY DISTRICT COUNCIL (ENV-2015-AKL-000127) Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent PORT BLAKELY LIMITED, CARRUS CORPORATION LIM...

  10. Justice Matters July 2019 [pdf, 3.5 MB]

    ...venue closest to where the case has been brought. Although the Environment Court team is based in Wellington, it oversees cases for the lower North Island between Wellington and Taupō. Most of the Environment Court’s work is underpinned by the Resource Management Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Consent applications may be for land use; a subdivision; a c...