Search Results

1. Appellate judgments 2011

   ...agreed to return to work and knew that return to work depended on different employment terms. [2011] NZCA 608 CA325/2011 Sam's Fukuyama Food Services Ltd v Zhang [PDF, 64 KB] Appeal allowed, 5 December 2011. Employment Court did not consider section 128 of Act which provides for discretion to increase remuneration for lost wages above 3 month minimum. Employment Court failed to properly exercise that discretion. Reimbursement of 26 weeks' wages substituted. [2011] NZCA 597 C...

   Located in:

   1. Employment Court >
   2. Judgments >
   3. Appellate court judgments

2. People discharged without conviction June 2022 [xlsx, 88 KB]

   Contents Discharge without conviction A discharge without conviction is a charge outcome option available under section 106 Sentencing Act 2002. This can occur if a person is found guilty or pleads guilty. A discharge without conviction is a proved charge outcome 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/sentenc...

3. BORA Public Health Bill [pdf, 617 KB]

   ...November 2007 and approved for introduction. 2. Our view is that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. We reached this conclusion by considering potential issues of inconsistency with sections 8, 11, 13, 14, 15, 16, 17, 18, 19(1), 20, 21, 22, 23(1)(c), 24(e), 25(c), and 27(1) and (3) of the Bill of Rights Act. 3. In finding that the Bill appears to be consistent with the Bill of Rights Act, we have extensively relied on the r...

4. [2024] NZEnvC 149 Learning Houses Limited v Auckland Council [pdf, 466 KB]

   Learning Houses Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 149 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN LEARNING HOUSES LIMITED (ENV-2023-AKL-000175) Appellant AND AUCKLAND COUNCIL Respondent AND D & N PAPA Section 274 parties Court: Environment Judge S M Tepania sitting alone under s 279 of the Act Last case event: 11 June...

5. [2023] NZEnvC 243 Ngāti Kuku Hapū v Bay of Plenty Regional Council [pdf, 794 KB]

   ...Provide for our socia, eco1omic and cultJral well-be 119 Thriving together • mote taiao, mo nga tangata Consent Number: RM20-0629-CC.01 (b) Bay of Plenty Regional Council Resource Consent A resource consent: • Under section 12(2)(a) of the Resource Management Act and Rule PZ 6(2) of the Bay of Plenty Regional Coastal Environment Plan to undertake a controlled activity, being the occupation of space in the Coastal Marine Area subject to the following condit...

6. Whakatāne District Council - Part Allotment Matatā Parish 6 (2015) 124 Waiariki MB 282 (124 WAR 282) [pdf, 202 KB]

   124 Waiariki MB 282 IN THE MĀORI LAND COURT OF NEW ZEALAND WAIARIKI DISTRICT A20150002718 UNDER Section 131 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Part Allotment Matatā Parish 6 WHAKATĀNE DISTRICT COUNCIL Applicant Hearing: 123 Waiariki MB 8-10 dated 8 June 2015 (At Whakatāne) Appearances: John Neal for the applicant Judgment: 29 July 2015 RESERVED JUDGMENT O...

7. 2021-06-15 ORC - MOC - Submissions in response to Amicus Curiae memorandum [pdf, 183 KB]

   ...ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change, 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 LEGAL SUBMISSIONS OF COUNSEL ON BEHALF OF THE OTAGO REGIONAL COUNCIL IN RELATION...

8. [2019] NZEmpC 159 Allied Investments Ltd t/a Allied Security v Cradock [pdf, 350 KB]

   ...under s 67B(1). The Authority referred to dicta of former Chief Judge Colgan in Smith v Stokes Valley Pharmacy (2009) Ltd, to the effect that a notice under the 90-day trial provisions had to be more than simply advice of dismissal; rather the section contemplated that the notice would contain advice as to when, in future, the dismissal would take effect.4 [10] Relying on this dicta, the Authority held the notice did not give advice of a future termination, and was accordingly inva...

9. [2021] NZACC 104 - A v ACC (16 July 2021) [pdf, 309 KB]

   ...limitation on the ACC scheme namely to focus on treatments in New Zealand by New Zealand treatment providers. This is reflected in; (a) Clause 2(2) of schedule 1 which directs ACC to consider generally accepted treatments in New Zealand; (b) Sections 128 and 129 place major limitations on the cost of rehabilitation outside New Zealand; (c) Only minor exceptions on assistance overseas are covered such as emergency transportation and treatment for work related injuries overseas;...

10. Pillot - Part Tokaanu B2L(2024) 488 AOT 32 (488 AOT 32) [pdf, 214 KB]

    488 Aotea MB 32 Pillot - Part Tokaanu B2L - Partition (2024) 488 Aotea MB 32 (488 AOT 32) I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O AOTEA In the Māori Land Court of New Zealand Aotea District A20230004538 WĀHANGA Under Sections 289 and 297 Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Part Tokaanu B2L - Partition I WAENGA I A Between TIAHO MARY PILLOT Ngā kaitono Applicant Nohoanga: Hearing 12 July...