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1. [2024] NZEmpC 28 Keighran v Kensington Tavern Ltd [pdf, 250 KB]

   ...Keighran’s favour it ought to be significantly reduced for contributory conduct, with the starting point for contribution being a 50 per cent reduction. 6 A point I understood Mr Keighran to accept during the course of evidence. [38] Section 124 of the Act deals with the reduction of remedies for contributory conduct. It provides that: 124 Remedy reduced if contributing behaviour by employee Where the Authority or the court determines that an employee has a person...

2. Welsh - Koutu (2019) 197 Taitokerau MB 172 (197 TTK 172) [pdf, 332 KB]

   197 Taitokerau MB 172 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20150003505 UNDER Section 18(1)(a), Te Ture Whenua Māori Act 1993 IN THE MATTER OF Koutu Block BETWEEN TONI WELSH Applicant Hearing: 27 April 2016, 129 Taitokerau MB 231-243 30 August 2016, 139 Taitokerau MB 18-24 8 June 2018, 174 Taitokerau MB 230-239 24 October 2018, 184 Taitokerau MB 59-82 (Heard at Whangarei) Judgment: 20 August 2019...

3. [2022] NZIACDT 18 - TQ v Gibson (25 July 2022) [pdf, 209 KB]

   ...must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. File management 26. A licensed immigration adviser must: … 2 Immigration Advisers Licensing Act 2007, s 45(2) & (3). 3 Section 49(3) & (4). 4 Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 5 Section 50. 6 Section 51(1). 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128]...

4. [2015] NZEmpC 104 Shanmuganathan v PowerNet Ltd [pdf, 235 KB]

   KANA SHANMUGANATHAN v POWERNET LIMITED NZEmpC CHRISTCHURCH [2015] NZEmpC 104 [2 July 2015] IN THE EMPLOYMENT COURT CHRISTCHURCH [2015] NZEmpC 104 EMPC 285/2014 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN KANA SHANMUGANATHAN Plaintiff AND POWERNET LIMITED Defendant Hearing: 25 - 26 May 2015 (heard at Invercargill) Appearances: M J Thomas, counsel for the Plaintiff

5. OWRUG - EiC - S Dicey - Planning (5 Feb 2021) [pdf, 1.5 MB]

   PP-1035600-2-215-V4 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV:2020-CHC-127 In the Matter of the Resource Management Act 1991 And a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago. Between OTAGO REGIONAL COUNCIL Applicant And OTAGO WATER RESOURCE USERS GROUP Section 274 Party EVIDENCE OF SALLY DICEY FOR OTAGO WATER RESOURCE USER GROUP INC GALLAWAY COOK ALLAN LAWYERS...

6. [2017] NZEnvC 130 Butterbee Childcare Limited v Auckland Council [pdf, 972 KB]

   ...that: While our considerations were finely balanced, ultimately we are required to reach a decision and our view is that the purpose of the Act is better served by refusing consent than by granting it for reasons that are given in this decision. Section 290A [7] In considering any agreed positions for grant of consent the Court must firstly be satisfied that the Commissioner's decision has been properly taken into account and there are reasons to deviate from that decision. M...

7. [2024] NZEmpC 136 Stellar Elements New Zealand Limited v Amesbury [pdf, 329 KB]

   ...sub-issues:10 (a) whether there is a serious question to be tried in relation to the claim of unjustified dismissal; and (b) if so, whether there is a serious question to be tried in relation to the claim for permanent reinstatement. 7 Section 125. 8 Section 127. 9 NZ Tax Refunds Ltd v Brooks Homes Ltd [2013] NZCA 90, (2013) 13 TCLR 531 at [12]. 10 McKean v Ports of Auckland Ltd [2011] NZEmpC 128, [2011] ERNZ 312 at [4]. [19] In its consideration of the Brooks Home...

8. King v Manukonga - Section 11 Oākura Town Belt (Oākura Pā) (2021) 437 Aotea MB 124 (437 AOT 124) [pdf, 303 KB]

   437 Aotea MB 124 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O AOTEA In the Māori Land Court of New Zealand Aotea District A20210004162 WĀHANGA Under Section 67, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Section 11 Oākura Town Belt (Oākura Pā) I WAENGA I A Between ME And JAQUALINE TUHI ALLLISON KING Te Kaitono Applicant KEITH MANUKONGA Te Kaiurupare Respondent Nohoanga: Hearing...

9. [2021] - NZREADT 09 - Complaints Assessment Committee 1905 v Papuni (24 February 2021) [pdf, 265 KB]

   ...disgraceful conduct under s 73(a) of the Act. [15] On behalf of Mr Papuni, Mr Perry recorded that Mr Papuni had pleaded guilty to the charge of disgraceful conduct. He had no further comment on the submissions for the Committee. Discussion [16] Section 73(a)of the Act provides: 73 Misconduct For the purposes of this Act, a licensee is guilty of misconduct if the licensee’s conduct– (a) would reasonably be regarded by agents of good standing, or reasonable members of the...

10. [2020] NZIACDT 18 - UO v Nukulasi [pdf, 92 KB]

    ...Nukulasi had not obtained the complainant’s written consent to proceed. [20] As for the allegation that the s 61 request should have been made to Immigration New Zealand, it was submitted that directing it to the Minister was the correct process. Section 61 made it clear that such requests were a matter for the Minister’s absolute discretion. Ms Nukulasi acknowledged that the Minister had delegated his power to Immigration New Zealand and she would normally have sent it to the...