Search Results

1. [2016] NZEmpC 48 Nelson v Katavich [pdf, 290 KB]

   ...a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. (3) In applying the test in subsection (2), the Authority or the Court must consider‒ (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employer...

2. LCRO 145/2021 AZ v BY (28 October 2022) [pdf, 205 KB]

   ...complaint is that Mr BY terminated the retainer as the deadline for briefs of evidence approached. This was an inopportune time for Mr BY to express a wish to cease acting. The new lawyers instructed by Mr AZ were required to devote considerable resources to acquaint themselves with the proceedings. [66] Mr BY’s reason for terminating the retainer was that he considered Mr AZ had lost confidence in the advice being provided by himself and Mr DW. Mr AZ instructed Mr BY to fol...

3. Privacy-European-Union-Adequacy-Status [pdf, 1.6 MB]

   ...my officials and the OPC have identified several issues with its practical implementation, which require some technical amendments to the Act. 29. These issues could also be addressed through a Privacy Amendment Bill, subject to time and resourcing constraints. Privacy Commissioner comment 30. The Acting Privacy Commissioner supports an amendment to the Privacy Act aimed at strengthening the level of transparency where an individual’s personal information is collected indi...

4. Final-Technical-Assessment-F-Hydrology-and-Flooding-updated-23-Dec-2022_Part2.pdf [pdf, 20 MB]

   ...placement of other project features in floodplains where practicable. (c) Avoiding or minimising exacerbating the existing flood hazard. (d) Culverts on permanent streams with existing or potential fish habitat will be designed consistent with the Resource Management (National Environmental Standards for Freshwater Regulations 202 ("NES Freshwater") Regulation 70. 112. Additional information on the design philosophy is provided in the DCR (Appendix 4 to Volume II). A...

5. Duty Lawyer Policy v 2.13 [pdf, 302 KB]

   ...category 21 matter unless: a. there is a statutory onus on a defendant to satisfy a Judge that bail should be granted or b. further enquiries are required on a matter determinative of a grant of bail by the Court, and those enquiries are beyond the resources of the duty lawyers. (Duty lawyers are reminded they must make reasonable enquiries to assist defendants to confirm details, such as address or employment information) or c. the defendant is under an order made pursuant to the Men...

6. Legal Complaints Review Officer v Morrison [2018] NZLCDT 40 [pdf, 339 KB]

   ...was thus necessary to send a clear message about the seriousness of the conduct and that therefore a censure was appropriate in the circumstances. [40] Mr Collins further urged that we should distinguish Mr Morrison’s claims of being under resourced against the fact of his being overworked. He argued that Mr Morrison’s practice was well established but that he was overworked. [41] In respect of the submission that there was an absence of motive on the part of Mr Morrison, Mr...

7. McArthur Ridge – EiC – D T Jordan - Viticulture (4 Feb 2021) [pdf, 228 KB]

   ...1370 Telephone: 021 997 343 Email: norman.elder@awslegal.co.nz Email: kgr@kelvinreid.co.nz IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 IN THE MATTER of the Water Permits Plan Change – Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court...

8. Electoral-Voting-Age-Legislation_FINAL.pdf [pdf, 6.6 MB]

   ...Minute LEG-23-MIN- 0125 Cabinet Office 27 July 2023 https://legislation.govt.nz/bill/government/2023/0279/latest/LMS879033.html?src=qs https://legislation.govt.nz/bill/government/2023/0279/latest/LMS879033.html?src=qs https://www.dia.govt.nz/Resource-material-Regulatory-Impact-Statements-Index#five https://bills.parliament.nz/v/4/e6533a89-c81e-4545-2b52-08db9c682c73 https://legislation.govt.nz/bill/government/2023/0279/latest/LMS879033.html?src=qs https://legislation.govt.nz/bill/gover...

9. [2017] NZEmpC 99 The NZ King Salmon Co Ltd v Slotemaker [pdf, 150 KB]

   ...positions [15] By late November Mr Slotemaker knew he faced dismissal because his position was to cease to exist and he had not been appointed to a replacement position created by the restructuring. On 2 December 2015 King Salmon’s Human Resources Adviser, Fiona Thomas, sent Mr Slotemaker three draft employment agreements so he could consider alternative positions within the company. Two were for Team Leaders and one was for the Aquaculture Technician vacancy Mr Slotemaker ap...

10. LCRO 9/2024 & 12/2024 QB v WF and SY & WF and SY v QB (27 June 2024) [pdf, 1.3 MB]

    ...continuing lack of insight into the well-known perils of being an advocate in one’s own cause that is remarkable for an experienced lawyer. 28 [135] It is of course the applicant’s decision to make whether to avail herself of the support resources available to her. It is not a fault of the decision-making process if she elects not to do so. No live hearing [136] At the hearing of the review, the applicant also criticised the Committee for not conducting a hearing in person...