Search Results

1. [2009] NZEmpC WC 5/09 McCain Foods (NZ) Ltd v Services and Food Workers Union [pdf, 68 KB]

   ...body approached those questions conservatively, erring on the side of non-intervention in many cases referred to it. The Authority’s approach to applications will no doubt have been considered by parties evaluating whether to expend time and resources on a reference to facilitated bargaining. I am not assisted greatly by comparative references to other negotiations in other industries between different unions and employers and covering different sorts of employees. The Employm...

2. ASC - 2012 annual report [pdf, 1.2 MB]

   ...  from  Crown  Law  and   the  Ministry  of   Justice.    We  are  pleased   this   lengthy   process   has   reached   its   conclusion   and,   having   devoted   considerable   resources   to   the   litigation  over  the  past  seven  years,  are  now  looking  forward  to  focussing  on  exercising  our   functions  under  the  legislation.     STATIS...

3. ENVC Hearing 6Oct14 WML rebuttal David Mitchell [pdf, 599 KB]

   Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Rebuttal evidence of DAVID FORRESTER MITCHELL on behalf of Waiheke Marinas Ltd Dated 25 September 2014

4. [2021] NZEnvC 183 Clutha District Council v Vreugdenhil Family Trust Partnership [pdf, 358 KB]

   ...the Tribunal (Court) is satisfied that adequate access to the lands in the vicinity of the road is left or provided for. This special requirement for maintenance of adequate access, was removed by the amendment made to the Tenth Schedule by the Resource Management Act 1991. However, we are of the view that the issue of access is still a consideration for us. (v) The central issue is the need for the road for public use. The then Planning Tribunal, in re Matamata County Council...

5. Haupini v SRCC Holdings Ltd (Application by Defendant for Costs) [2013] NZHRRT 23 [pdf, 104 KB]

   ...Director [46] While the Director is not immune from an adverse award of costs (see s 92C(4) of the Act) the fact that the Director has an important role in facilitating access to human rights protection in New Zealand, is publicly funded and has limited resources are all highly relevant factors in the assessment of costs. See IDEA Services Ltd v Attorney- General (No. 3) [2011] NZHRRT 21 (28 September 2011) at [76] [d]. On appeal in Attorney-General v IDEA Services Ltd (In Statutory Man...

6. [2021] NZEmpC 183 Stenhouse v Towman Towing Group Ltd [pdf, 303 KB]

   ...how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal occurred.19 [43] In applying the test four matters must be considered.20 They are: (a) Having regard to the resources available to the employer, the sufficiency of the investigation into the allegations before the dismissal occurred. 19 And see Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466. 20 Section 103A(3)(a)–(d...

7. INZ (Foley) v De'Ath [2018] NZIACDT 44 (6 November 2018) [pdf, 273 KB]

   ...role description, for which she is a recipient of public funds given [Ms M’s] inability to address one tangent of a 2 tangent CCRP, and [Ms M’s] brushing over with no substantive response in the first point of the CCRP. … 5 My placing resources into reprimanding three staff from the same branch was not a decision I made lightly, both from a time and resource point of view, and a relationship and vantage point. I disclosed our need to do this Associate Minister of Immigra...

8. Privacy-Act-2020-Indirect-notification-obligation-April-2023-Cabinet-paper_FINAL.pdf [pdf, 2.7 MB]

   ...issuing guidance, educating agencies on compliance and ultimately monitoring compliance. 31 . Some government departments have raised concerns that the proposed amendments could create an administrative burden, and that th is could have timing and resourcing implications impacting their ability to carry out their core functions. However, these changes are in line with the underlying principles in the Act and many agencies with high levels of privacy maturity will already be complying wi...

9. Austin v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 180 [pdf, 634 KB]

   ...NZLR 339, 353- 354 (CA); Edwards v Bairstow [1995] sic [1955] 3 All ER 48,57. [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: eg Jackson and Kenyon above. [66] On 4 April 2016, ACC accepted cover for diffuse idiopat...

10. Auckland Standards Committee 3 v Woodroffe [2025] NZLCDT 1 (7 January 2025) [pdf, 258 KB]

    ...lists relevant background, including that the client had succeeded in a Land and Titles Court claim in November 2011.4 A further letter of advice in November 2015 recorded that Mrs Woodroffe was seeking information from the Ministry of Natural Resources and Environment (MNRE).5 [7] Between December 2015 and February 2016, further instructions were given, and decisive requests were made of MNRE without helpful response. A Statement of Claim dated 20 July 2016 was filed in the Supre...