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  1. [2024] NZEmpC 248 Secretary for Education v Public Service Association [pdf, 456 KB]

    SECRETARY FOR EDUCATION v PUBLIC SERVICE ASSOCIATION – TE PŪKENGA HERE TIKANGA MAHI INCORPORATED [2024] NZEmpC 248 [13 December 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2024] NZEmpC 248 EMPC 303/2024 IN THE MATTER OF A challenge to a determination of the Employment Relations Authority BETWEEN SECRETARY FOR EDUCATION Plaintiff AND PUBLIC SERVICE ASSOCIATION – T

  2. [2025] NZEmpC 114 VXO v Health New Zealand Te Whatu Ora [pdf, 329 KB]

    ............................................................ [99] Proportionality would have been an issue had the plaintiff been dismissed for serious misconduct ............................................................................................ [101] Special leave should have been discussed ........................................................ [103] The dismissal for ill health was open to the NDHB at the time ........................ [107] In conclusion, the plaintiff’s cha...

  3. Greensmith v Auckland Council [2025] NZHRRT 24 [pdf, 372 KB]

    ...considers that it released all of Ms Greensmith’s personal information contained in the Report in the version it provided her on 29 May 2018. Council considers 21 Sections 27 to 29 of the PA93; ss 49 to 53 of the PA20. 22 Section 87 of the PA93; s 101 of the PA20. 23 Section 29(1)(a) of the PA93. 24 Section 53(d) of the PA20. 10 none of the redactions in that version of the Report concern Ms Greensmith’s personal information. [47] As we understand it, Council also says...

  4. [2010] NZEmpC 22 The Chief of Defence Force v Ross-Taylor [pdf, 55 KB]

    ...employee. The defendant’s services were essential to the proper running of the Navy Hospital and she did have some involvement in its administration, for medical purposes. She was 8 [1952] 1 TLR 101 (CA) 9 [1990] 3 NZLR 42 (CA) not, however, integral to the NZDF’s organisation of the Naval Hospital. This test also does not favour the defendant. Fundamental test [40] This test has been variously described as eith...

  5. Peters v Eruera - Kaikoura No.4 (2011) 40 Waiariki MB 206 (40 WAR 206) [pdf, 131 KB]

    ...the injunction this Court has previously issued. [12] The relief sought by Mr Handley for the trustees was an injunction against Hiakita (George) Eruera and his immediate family. 6 (1959) 101 CLR 209 40 Waiariki MB 214 Submissions and Evidence for the Respondent [13] Ms Insley submitted that the application should be dismissed pursuant to s. 238 of Te Ture Whenua Maori Act 1993, ss. 19 and 24 of the NZ Bill of Rights Ac...

  6. Hemi – Te Pupuke E1G1A (2013) 60 Taitokerau MB 151 (60 TTK 151) [pdf, 141 KB]

    ...licence is actually to increase the amount of the rates on the property. This is exactly the situation as it applies to general land. Some years ago, Council considered this issue and in particular took into account the provisions of Section 101(2)(e) of the Local Government Act 2002. This section requires every local authority to have a policy for the remission and postponement of rates on Māori freehold land. The 11 th Schedule to that Act sets out the matters that the Coun...

  7. Chalecki v ACC [2012] NZACA 15 [pdf, 56 KB]

    ...both parties to the District Court, which the appellant did not exercise. Discussion [31] Mr Forster relied upon the “wider and more generous provisions of the 1982 Act”, in particular the ability to seek a review of a decision under s 101 if dissatisfied with a decision of the Corporation concerning the granting or payment of rehabilitation assistance under the Act, the extended definition of a “decision” in s 2 to include any determination, requirement, assessment,...

  8. HNL v SEC [2013] NZIACDT 11 (19 March 2013) [pdf, 146 KB]

    ...Act. [99] In other respects, the complaint is dismissed. Submissions on Sanctions [100] As the complaint has been upheld, section 51 allows the Tribunal to impose sanctions. However, section 50 permits the Tribunal to take no further action. [101] The Authority and Mr HNL have the opportunity to provide submissions on the appropriate sanctions, including potential orders for costs, refund of fees and compensation. Whether they do so or not, Mr SEC is entitled to make submissions a...

  9. PQ v Hakaoro [2013] NZIACDT 48 (8 August 2013) [pdf, 144 KB]

    ...Provide a statement of assets and liabilities, and income, both verified on oath; and [100.2] A similarly verified and full disclosure of any interest as a beneficiary or potential beneficiary in any trust (or other material financial interest). [101] If the complainant seeks compensation for the professional services that were not delivered in exchange for the domestic services she provided, the Tribunal will proceed on the basis the undelivered professional services had a value of $5,...

  10. AQ v ZI LCRO 105 / 2010 (11 February 2011) [pdf, 106 KB]

    ...be any costs order in respect of the Standards Committee hearing. I wish to record that this should not be any way considered to set a precedent to be followed by the Standards Committees in future where breaches of the Rules are considered. [101] The matter was of average complexity, and proceeded as a hearing on the papers. In accordance therefore with the LCRO Cost Orders Guidelines, the Respondent will be ordered to make payment of the sum of $1,200.00 on account of costs....