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  1. [2014] NZEmpC 119 Pact Group v SFWU & PSA [pdf, 271 KB]

    ...Independent Industrial Workers Union Inc v ABB Ltd. 9 The opening words of that judgment bear repeating in this case because the same or similar difficult issues arise. 3 At [75]. 4 At [101]. 5 At [105], [113]. 6 At [60]. 7 At [122]. 8 At [78]. 9 Eastern Bay Independent Industrial Workers Union Inc v ABB Ltd [2008] ERNZ 537 (EmpC). [1] This case highlights … difficult tensions in collective bargaining a...

  2. [2016] NZEmpC 54 H v A Ltd [pdf, 250 KB]

    H v A LIMITED NZEmpC AUCKLAND [2016] NZEmpC 54 [10 May 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 54 EMPC 284/2015 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN H Plaintiff AND A LIMITED Defendant EMPC 283/2015 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND BETWEEN A LIMITED Plaintiff AND H Defendant Heari

  3. Malik v Auckland Council [2011] NZWHT Auckland 7 [pdf, 313 KB]

    ...Paykel [64] Mr Paykel was the only expert who appeared not to accept the building science behind how water had bridged the cavity. 9 Mr Alvey cross examination by Ms Divich NOE page 101 line 10. 10 Mr Alvey cross examination by Ms Divich NOW page 108 line 14. Page | 23 [65] Mr Paykel’s suggested solution to stop water crossing the cavity was the application of sealant to the jam/sill junctions which did n...

  4. Chalecki v ACC [2015] NZACA 1 [pdf, 132 KB]

    ...for the respondent provided written submissions on 27 February and 18 August 2014. There were also oral submissions presented at the hearing. THE LAW [83] An appeal lies to the Authority against certain decisions of a review officer (sections 101, 107 Accident Compensation Act 1982 – “the 1982 Act”). Such an appeal lies in this case. An appeal is by way of a rehearing (section 109(1) of the 1982 Act). The Authority can confirm, modify or reverse a decision, or refer the mat...

  5. Manchester Securities Limited v Auckland Council [2016] NZWHT Auckland 1 [pdf, 341 KB]

    ...NZWHT AUCKLAND 1 BETWEEN MANCHESTER SECURITIES LIMITED Claimant AND AUCKLAND COUNCIL First Respondent Hearing: 7, 8 and 24 September 2015 Closing submissions: 24 September 2015 Further written submissions: 2 February 1016 Appearances: Mr Ho for the claimants Ms Parker, Ms Harpur and Ms Mitchell for the first Respondent Decision: 1 March 2016 ___________________________________________________________________ AMENDMENT OF FINAL DETERMINATI...

  6. [2017] NZEnvC 200 Morningstar Development Limited v Auckland Council [pdf, 1.5 MB]

    ...Assessment at 30 Masons Road, tast Tamaki'. • Terra Consultants 'Scheme Plan dated 21.09.2012, referenced Drawing Number RC1 00 Rev B: • Terra Consultants 'Geotechnical Zone Plan' dated 13.06.2012, referenced Drawing Number RC101 Rev. A. . • Terra Consultants 'Slope Identification Plan' dated 20.06.2012, referenced Drawing Number RC103 Rev. A. " Terra Consultants 'Vegetation Protection and Planting Plan', dated 11.06.2012, referen~ed...

  7. NZCASS: estimating the costs of crime in 2003/04 New Zealand [pdf, 150 KB]

    ...intended victim 337 119 14 102 0 5 0 45 623 (161) 462 30% - Drug offences 77 10 1 47 0 4 0 4 142 (13) 129 8% - Serious traffic 129 70 8 44 0 1 0 26 278 (94) 183 12% - All other 131 40 5 12 0 1 0 15 203 (54) 150 10% Total 872 165 20 528 101 30 5 62 1,783 (223) 1,560 100% Table 4 breaks down core justice sector costs by intervention stage. The largest cost share for the core justice sector is in detection and investigation (mainly by the Police). Redress and sanctions (mainly...

  8. [2016] NZEmpC 112 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 431 KB]

    ...…………………………………………………………………... [57] Burdens of proof in claims for penalties …………………………………………… [60] A defence to the damages claims …………………………………………………... [101] Decision of strike issue……………………………………………………………... [106] Breach of s 4 (good faith)? ………………………………………………………… [117] Pena...

  9. [2018] NZEmpC 79 Hines v Eastland Port Ltd [pdf, 513 KB]

    ...Seamount Explorer reinforced Mr Gaddum’s view that Captain Hines deliberately withheld it. That was a view open to him. 14 George v Auckland Council [2013] NZEmpC 179, [2013] ERNZ 675 at [101]. Issue 2: Was the investigation and disciplinary process fair and reasonable in the circumstances? [96] Section 103A(3) of the Act requires the Court to consider: (a) whether the employer sufficiently investigated the alleg...

  10. Tau v Tahere - Rangihamama X3A (2016) 137 Taitokerau MB 68 (137 TTK 68) [pdf, 494 KB]

    ...licence to occupy the land? [100] It is clear that a formal arrangement was never entered into granting the Tahere whānau a right to occupy the land. There is no occupation order, lease, residential tenancy, or other written agreement in place. [101] It is also clear that there has been a long history of dealings between the trustees and the Tahere whānau concerning their occupation of the land. [102] The question arises as to whether the action, or inaction, of the trustees ov...