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1. 2021-02-23 Minute PC7 Expert conferencing [pdf, 882 KB]

   ORC – MINUTE PC7 – 23 FEB 2021 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE K TI TAIAO O AOTEAROA KI TAUTAHI IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127) Applicant ________________________...

2. [2019] NZEmpC 12 A Labour Inspector v Daleson Investment Ltd [pdf, 376 KB]

   ...payment of sums owed is evidence of contrition … Belatedly doing what the law required to be done at an earlier time amounts to no more than the late performance of a duty. [34] It goes without saying that the Labour Inspector does not have the resources to pursue every underpayment claim on behalf of affected employees. Employers, who might otherwise be minded to seek to avoid their obligations, need to be encouraged to comply without waiting for the Labour Inspector to interven...

3. [2022] NZEmpC 218 New Zealand Nurses Organisation v Te Whatu Ora Health New Zealand [pdf, 326 KB]

   ...“tempered by ensuring that disclosure is not oppressive”.14 The Judge also observed that what is required is the actual existence of relevance, and not the possibility of it. [77] I also refer to Mr Harrison’s point that the findings in Bathurst Resources Ltd v L&M Coal Holdings Ltd apply, since that decision is now the leading authority on the admissibility of extrinsic evidence as an aid to contractual interpretation.15 He highlighted the Court’s conclusion that the o...

4. Regulatory Impact Statement Managing the cost of legal assistance in the justice sector [pdf, 200 KB]

   ...level where significant private market still operates. 7.2 1 Based on evaluations of the New Zealand Public Defence Service. The quality of public provision varies internationally, primarily due to resourcing issues. Public provision within Australia and the United Kingdom is well resourced and provides high quality services, although some models are less cost effective (which is also linked to the structure of the legal aid markets in...

5. [2015] NZEmpC 214 Goel v Director-General for Primary Industries [pdf, 135 KB]

   ...[11] Mr Goel said in evidence that he received good performance reviews throughout his two years of service. His last report, for July 2012, was produced. In answer to a question from the Court, Mr Luke Southorn, MPI's Director of Human Resources (HR), summarised the report as indicating, "somebody who is making good progress, having not yet reached what I'd call performing the role to the full requirements of the job." [12] In his evidence, Mr Stewart noted...

6. Te Manutukutuku 80 [pdf, 13 MB]

   ...huarahi Māori. Judge Thomas is a strong advocate for the promotion of te reo Māori and has been passionate in her pursuit to ensure that the language is recognised and used in the law. She is the co­ author of the book Kia Kākano Rua te Ture, a resource designed to assist legal practitioners in the use of te reo Māori. Judge Thomas was also one of the members of the Māori Lawyers Association responsible for the com­ mencement of Te Kura Rōia, a full immersion reo Māori cours...

7. [2018] NZEmpC 147 Amcor Flexibles (NZ) Ltd v Gillan [pdf, 403 KB]

   ...such as patting himself, pacing and looking restless. [33] Based on this history Dr Obele provided her report on 5 November 2015. There was some controversy about it, because of an exchange of emails she had with a member of Amcor’s human resources team, in which an attempt was made to restrict its length. In the end nothing turns on that exchange, because Dr Obele insisted she would write a detailed report and did so. [34] In this report Dr Obele stated the need for a s...

8. 2021-05-21 Appendix 10 to 4-6 May JWS [pdf, 908 KB]

   ...ACTIVITY AND RESTRICTED DISCRETIONARY ACTIVITY RULES, AND OBJECTIVE 10A1.1 4 to 6 May 2021 Witness Party Roddy Henderson Otago Regional Council Simon Wilson Otago Regional Council Sean Leslie Otago Regional Council Ian McIndoe Otago Water Resource Users Group Matthew Hickey Otago Water Resource Users Group Christina Bright Landpro Ltd Lionel Hume Federated Farmers Anthony Davoren McArthur Ridge Vineyard Ltd, Mt Dunstan Estates Ltd and Strathclyde Water Limited This doc...

9. E90 Graeme McIndoe - Urban Design - RE – Applicant [pdf, 967 KB]

   31092786_1.docx BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL-000078 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant AND AUCKLAND COUNCIL Regulatory Authority REBUTTAL...

10. [2017] NZEmpC 96 Nisha v LSG Sky Chefs NZ Ltd Interlocutory judgment (No 23) [pdf, 246 KB]

    ...to whether LSG Asia, or some other entity but not LSG NZ itself, “controlled the funding, directed and controlled these proceedings” on behalf of LSG NZ. [20] Thirdly, documents are sought that relate to whether Ms Park, Manager of Human Resources (HR) for LSG NZ, was authorised to make affidavits on its behalf. [21] Mr Hay’s application states that the application for further and better discovery should be determined after notices of opposition have been filed, but before...