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Search results for section 128.

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  1. [2010] NZEmpC 82 Goodfellow v Building Connexion Ltd t/a ITM Building Centre [pdf, 44 KB]

    ...should be awarded, I must have regard to the level of awards made in other broadly comparable cases. Without setting those out in detail, I find that a just award in this case is $8,000. [43] The remedy of reimbursement is dealt with in s 128 of the Employment Relations Act 2000. Section 128(2) directs the Court to order the employer to pay to the employee the lesser of a sum equal to the remuneration lost as a result of the personal grievance or to three months’ ordinary ti...

  2. People discharged without conviction jun2024 [xlsx, 87 KB]

    Contents Discharge without conviction A discharge without conviction is a final charge outcome, available under section 106 Sentencing Act 2002. This is a proved charge outcome (it can occur if a person is found guilty or pleads guilty), but it is treated as an acquittal. No conviction is entered on a person's record. The Court can order them to pay court costs or reparation (eg for emotional harm or loss/damage of property) or make other orders/sentences that are given to people...

  3. [2020] NZEmpC 46 JCE v The Department of Corrections [pdf, 321 KB]

    ...JCE’s resignation such that it amounts to an unjustified dismissal. (Footnotes omitted) [33] The Authority recorded the alleged breaches of contractual and statutory duties as being of:3 (a) clause 1.6.1 of the collective agreement; (b) section 56 of the State Sector Act 1988; (c) section 6 of the Health and Safety in Employment Act 1992; and (d) the implied contractual duty to provide a safe workplace. [34] Clause 1.6.1 of the collective agreement required the departm...

  4. 2021-07-07 ORC - Closing Submissions [pdf, 422 KB]

    ...the Resource Management Act 1991 (RMA) 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 under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA BETWEEN OTAGO REGIONAL COUNCIL Applicant CLOSING LEGAL SUBMISSIONS OF COUNSEL FOR THE OTAGO REGIONAL COUNCIL 7 July 2021...

  5. [2016] NZEmpC 136 Xtreme Dining Ltd t/a Think Steel v Dewar [pdf, 391 KB]

    XTREME DINING LIMITED TRADING AS THINK STEEL v LEIGHTON DEWAR NZEmpC CHRISTCHURCH [2016] NZEmpC 136 [31 October 2016] IN THE EMPLOYMENT COURT CHRISTCHURCH [2016] NZEmpC 136 EMPC 73/2016 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN XTREME DINING LIMITED TRADING AS THINK STEEL Plaintiff AND LEIGHTON DEWAR Defendant Hearing: Court: 26 and 27 July 2016 (heard at Christchurch

  6. Norman v Pohatu - Te Hapua 42 (2022) 256 Taitokerau MB 1 (256 TTK 1) [pdf, 279 KB]

    ...MB 1 Norman v Pohatu - Te Hapua 42 (2022) 256 Taitokerau MB 1 (256 TTK 1) I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TE TAITOKERAU In the Māori Land Court of New Zealand Taitokerau District A20200010750 WĀHANGA Under Section 269(1), Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Te Hapua 42 NA By PAORA NORMAN Te kaitono Applicant ME And MARAMA POHATU AND KAHUPANI PETERA AS COMMITTEE MEMBERS OF THE MURIW...

  7. Tohengaroa - Estate of Hauraru Tohengaroa (2008) 126 Whangarei MB 31 (126 WH 31) [pdf, 421 KB]

    IN THE MAORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT 126 Whangarei MB 31 A20070011871 UNDER Section 79, Te Ture Whenua Maori Act 1993 IN THE MATTER OF an application for costs by Wally Tohengaroa Hearing: 09 July 2008 (Heard at Whangarei) RESERVED DECISION OF JUDGE A D SPENCER [1] On 12 October an application for costs was filed on behalf of Wally Tohengaroa by his counsel Grey Ingleby Seagar of Auckland, barrister. [2] By minute dated 16 November 2007 (120 WH 104) th...

  8. [2022] NZEnvC 051 Perjuli Developments Limited v Waikato District Council [pdf, 14 MB]

    ...District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 051 IN THE MATTER OF the Resource Management Act 1991 AND cancellation of the resource consent under s 132(4) subsection 3 of the Act BETWEEN PERJULI DEVELOPMENTS LIMITED (ENV-2021-AKL-25) Appellant/Consent Holder AND WAIKATO DISTRICT COUNCIL Respondent Court: Judge J A Smith Commissioner S Myers Commissioner K Prime (attended remote...

  9. Trustees of the Horina Nepia & Te Hiwi Piahana Whanau Trust v Ngati Tukorehe Tribal Committee & Tahamata Incorporation (2014) 319 Aotea MB 238 (319 AOT 238) [pdf, 186 KB]

    319 Aotea MB 238 IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20110011625 A20110011627 UNDER Sections 18(1)(a), 19 and 37 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF An application to determine ownership of 3,781.28 shares in Tahamatā Incorporation AND IN THE MATTER OF An application for an interim injunciton ex parte over dealing in or with shares in a Māori incorporation BETWEEN TRUSTEES OF THE HORINA NEPIA & TE H