Search Results

1. [2022] NZEmpC 89 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 299 KB]

   BAY OF PLENTY DISTRICT HEALTH BOARD v CULTURESAFE NEW ZEALAND LIMITED [2022] NZEmpC 89 [24 May 2022] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2022] NZEmpC 89 EMPC 49/2019 IN THE MATTER OF proceedings removed in full from the Employment Relations Authority AND IN THE MATTER of an application for a stay of proceedings AND IN THE MATTER of an application for a strike out of pro...

2. [2023] NZEnvC 254 G I Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 299 KB]

   ...prerequisites were not met, industrial activity would otherwise require a non-complying activity consent. [5] Subsequent to the rezoning in 2005, a full District Plan review was undertaken between 2008 and 2012. The (at that time) relatively new Te Puna Business Park Zone provisions were the subject of some 41 submissions in opposition. We heard from Ms Perring, a consultant planner contracted to the Council that the “key differences are that with the 2012 plan review the site...

3. [2017] NZEnvC 175 NZ Building Projects Limited v Auckland Council [pdf, 7.8 MB]

   ...Hearing: at Auckland on 28 September 2017 Appearances: Dr J Forret for the applicants S Quinn for the respondent A Arthur-Young and L J Eaton for Auckland International Airport Limited (s 274 party) G Chappell for the Board of Airline Representatives New Zealand Inc Date of Decision: 20 October 2017 Date of Issue: 20 October 2017 DECISION OF THE ENVIRONMENT COURT A: The application for land use consent to construct a new dwelling at the front of the site (,Front Dwelling'...

4. ENVC Hearing 6Oct14 WML evidence chief James Dilley [pdf, 122 KB]

   ...Code for the region, incorporating two individual port companies and two cruise ship harbours into one system. 6. I am a recreational boater undertaking ocean and coastal voyages. These voyages have included sailing passages from England to New Zealand, voyages throughout the north and south Pacific Ocean, New Zealand and the Sub Antarctic Islands. I currently own and sail a 12 m sailing yacht. 7. Following the retirement of Captain Varney from his consultancy practice, I was...

5. [2020] NZEnvC 155 Wilkins Farming Co Ltd v Southland Regional Council.pdf [pdf, 6.9 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 155 of the Resource Management Act 1991 of an appeal under section 120 of the Act WILKINS FARMING CO LIMITED (ENV-2018-AKL-380) Appellant SOUTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick Environment Commissioner M C G Mabin Environment Commissioner A P Gysberts Hearing: at lnvercargill on

6. [2016] NZEmpC 43 Pretorius v Marra Construction (2004) Ltd [pdf, 159 KB]

   ...initial promise by an employer to pay for 8 New Zealand Amalgamated Engineering, Printing and Manufacturing Union Inc v Carter Holt Harvey Ltd [2002] 1 ERNZ 74 (EmpC), at [28]. 9 At [3]. services rendered, or does it arise when an employer breaches its promise to remunerate services rendered. [30] These may well be legitimate issues which the Court could be asked to consider when it deals with time limitation issues for...

7. [2018] NZEnvC 117 Sabatier Family Trust v Auckland Council [pdf, 460 KB]

   ...orders, Sabatier's concerns about the effects of stormwater discharge on the future development of its land are substantive. This is implicit from Addison's application to vary 2014 Stage 7A subdivision consent that it did not adequately address the adverse effects on Sabatier land of stormwater discharge arising from its consented/altered network. The variation responds to deficiencies in Addison's proposed stormwater management identified by Sabatier, we understand,...

8. [2021] NZEmpC 125 McKinlay v Wellington Cosmetic Clinic Ltd [pdf, 233 KB]

   ...directors are required to be identifiable persons.18 [34] A related point is that the employment-related problems between Dr Jones and Ms McKinlay occurred in a professional context, namely the operation of a business by an entity which provided health services where she worked as a receptionist. That there was also a personal dimension to the relationship between Ms McKinlay and Dr Jones was correctly regarded by the Authority as being a separate issue which should not have impact...

9. Dixon v Accident Compensation Corporation (Leave to appeal to the High Court) [2022] NZACC 251 [pdf, 240 KB]

   ...to suggest a degenerative process. [19] Mr Millwood reviewed Mr Herbert’s advice on 16 September 2020 noting that it relied heavily on a temporal link. [20] On 18 September 2020, the applicant’s general practitioner, Dr Wong, submitted a new medical certificate with the diagnosis of “unspecified patella disorder”. [21] On 22 September, the Corporation declined cover for a disorder of the patella unspecified. [22] The applicant subsequently applied to review the two decis...

10. Nikora v Te Uru Taumatua - Te Uru Taumatua Trust [2020] Maori Appellate Court MB 248 (2020 Appeal 248) [pdf, 308 KB]

    ...[1985] 2 NZLR 129 (CA); Whitmarsh v A'mon Corporation Ltd (1988) 2 PRNZ 576 at 583; and Bowkett v Action Finance Ltd [1992] 1 NZLR 449; (1991) 4 PRNZ 114. http://www.lexisnexis.com/nz/legal/search/enhRunRemoteLink.do?A=0.5545347438308762&service=citation&langcountry=NZ&backKey=20_T24933343156&linkInfo=F%23NZ%23nzlr%23vol%252%25sel1%251985%25page%25129%25year%251985%25sel2%252%25&ersKey=23_T24933343155 http://www.lexisnexis.com/nz/legal/search/enhRunRemoteLink.do?A...