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1. [2021] NZEmpC 35 Radford v Chief of New Zealand Defence Force [pdf, 415 KB]

   ...approach to the choice of law in employment cases in New Zealand. The Supreme Court in that case found that, applying the choice of law approach to employment agreements, the Employment Relations Act could be applied on a case by case basis. [101] Ms Catran argued that the Employment Relations Act is imported into the Defence Act only for Civil Staff not for locally employed civilians. Instead, s 90A was said to empower the CDF to prescribe terms and conditions of employment for...

2. G v EQC [2021] CEIT-2019-0056 [pdf, 874 KB]

   ...liveliness [100] Mr G also says that the existence of liveliness in the floor of his property is evidence of earthquake damage and supports his claim to a full foundation replacement. As set out above, the evidence does not support that. [101] The floor liveliness is explicable by the lack of mechanical fixings between the piles and bearers. This is an as built detail commensurate with the age of the construction. [102] In addition, the evidence of Mr Thurlow was that the su...

3. [2021] NZEmpC 84 A Labour Inspector of the Ministry of Business, Innovation and Employment v Jeet Holdings Ltd [pdf, 555 KB]

   A LABOUR INSPECTOR OF THE MINISTRY OF BUSINESS INNOVATION AND EMPLOYMENT v JEET HOLDINGS LIMITED [2021] NZEmpC 84 [9 June 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2021] NZEmpC 84 EMPC 31/2018 IN THE MATTER OF minimum employment standards, application for declarations of breach and other orders AND IN THE MATTER OF EMPC 104/2018 EMPC 154/2018 proceedings removed

4. [2023] NZEmpC 57 New Zealand Steel Ltd v Haddad [pdf, 444 KB]

   ...27 Despite Mr Wyatt applying for both the Legacy Platform Support Manager and Platform Integration Manager roles, in this correspondence, Mr Johnson only noted him as applying for the Legacy Platform Manager role. 28 See [88] above. [101] On 15 October 2019, Mr Johnson emailed Mr Dale. He noted that there had been three applicants for the Legacy Platform Manager role, including Mr Wyatt and Mr Haddad, with CVs attached, and that there had been one applicant for the Platfor...

5. LCRO 28/2021 RW v BD and Law Firm A (3 May 2022) [pdf, 330 KB]

   ...firm that occurs at a time when he or she or it is providing regulated services and is conduct that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent lawyer; … [101] Rule 6.1 of the Conduct and Client Care Rules provides: 6.1 A lawyer must not act for more than 1 client on a matter in any circumstances where there is a more than negligible risk that the lawyer may be unable to discharge the obligations...

6. [2022] NZEmpC 10 Shaw v Bay of Plenty District Health Board [pdf, 376 KB]

   ...collected. His second was that many of the documents were about patients not treated by Ms Shaw. His third concern was that many of the documents were drafts that are not kept by the hospital as part of its record of patient treatment. [101] Mr McKelvie considered that collecting and holding this information breached the DHB’s Health Information Privacy Standards. [102] What started as a revised investigation arising from Ms Shaw’s email of July 2014 took on a differen...

7. [2021] NZACC 100 – Tutakangahau v ACC (16 July 2021) [pdf, 447 KB]

   IRENE TUTAKANGAHAU v ACCIDENT COMPENSATION CORPORATION [2021] NZACC 100 [16 July 2021] IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 100 ACR 305/17 and 225/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 151 OF THE ACT BETWEEN IRENE TUTAKANGAHAU Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing

8. LCRO 196/2020 AB v CD (31 March 2021) [pdf, 309 KB]

   ...AB can only fairly be measured by an assessment of what was said at the meeting. [100] It is not possible to determine, in the absence of evidence from third parties, the tone, manner, and attitude of two parties attending a private meeting. [101] At the nub of Ms AB’s complaint, is concern that Mr CD had compared her settlement proposal to blackmail. 16 [102] It was suggested by Mr CD that her proposal fell within the legal definition of blackmail. [103] I consider that M...

9. [2022] NZEmpC 192 E Tū Inc v Rasier Operations BV [pdf, 483 KB]

   ...Worldwide (NZ) Ltd the Employment Court had held that the putative employer bore the onus of displacing a presumption of employment status for the purposes of s 6.34 The Court of Appeal took a different view, observing that:35 30 At [93]-[101]. Note that it has been suggested that on the case’s findings of fact it is arguable that the drivers were employees: McGaughey, above n 24. Note too that a Bill is now before the House of Lords to remove the distinction between “worke...

10. Adoption-reform-Summary-of-engagement-2022.pdf [pdf, 499 KB]

    Adoption Law Reform Summary of feedback on 2022 engagement November 2022 Version number Date 2 Contents Background ......................................................................................................................... 4 Engagement on options for a new adoption system .......................................................... 4 Process related to engagement on whāngai .............................................................