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1. 2018 Decisions of public interest

   From time to time the Court decides cases that have general importance for practitioners of employment law as well as for the particular parties. These will include some judgments of the full Court and others examining and applying new law. 2018 Decisions of Note: [2018] NZEmpC 160 Kaikorai Service Centre Ltd v First Union Inc (Judgment of Judge K G Smith, 20 December 2018) COLLECTIVE BARGAINING – whether refusing to bargain collective about wages is a breach of good faith – whether large in

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2. Fisher v Foster (Strike-Out Application) [2019] NZHRRT 54 [pdf, 184 KB]

   ...Ms M Fisher in person Mr AH Waalkens QC and Ms HC Stuart for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 19 December 2019 DECISION OF TRIBUNAL STRIKING OUT CLAIM 1 INTRODUCTION [1] Mary Fisher has filed a claim with this Tribunal alleging a breach of information privacy principle 6 on the part of Dr Alison Foster, arising from Dr Foster’s care of Ms Fisher’s late mother, Agnes Titchener, at the Seatoun Medical Centre. [2] Dr Foster...

3. 2015 Decisions of public interest

   ...Judgment of Judge B A Corkill, 5 February 2015). IN CAMERA - NON-PUBLICATION ORDERS – Court has inherent jurisdiction to order in camera hearing – exceptional circumstances – principles for non-publication considered- orders granted – access to file limited [2015] NZEmpC 2 Tomo v Checkmate Precision Cutting Tools Ltd (Costs Judgment of Judge Christina Inglis, 8 January 2015). COSTS – FINANCIAL HARDSHIP – Costs sought by defendant following plaintiff’s discontinuance of proceedings...

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4. [2015] NZEmpC 205 Best Health Products Ltd v Nee [pdf, 153 KB]

   ...Registrar of the Court stating that BHPL was “about to file a challenge to determination by ERA”. He asked whether this could be filed by email or courier. The Registrar responded immediately providing details of an email address for the filing of documents electronically, and explaining that hardcopies would need to follow which the Court would stamp and return to enable service on the other party. Mr Gu was also told that a filing fee would need to be paid by the �...

5. Copyright Licensing Limited v Universities of NZ [2014] NZCOP 1 [pdf, 79 KB]

   ...is the Auckland University representative on the Universities’ Copyright Expert Working Group, which acts as the negotiator for the Universities in copyright licensing matters. Her evidence is that for Auckland University alone there are 48,890 files in the learning management system, and a further 15,539 Office files, that may have to be searched. Mr Katz referred also to discovery in an earlier case before the Tribunal as “an enormous undertaking”. [20] On the first point I ag...

6. [2014] NZEmpC 212 Cudby & Meade Ltd v New Zealand Furniture, Manufacturing and Associated Workers’ Union Inc [pdf, 99 KB]

   ...MANUFACTURERS AND ASSOCIATED WORKERS' UNION INCORPORATED NZEmpC WELLINGTON [2014] NZEmpC 212 [14 November 2014] IN THE EMPLOYMENT COURT WELLINGTON [2014] NZEmpC 212 WRC 29/13 IN THE MATTER OF an application for leave to file challenge out of time AND IN THE MATTER of an application for leave for joinder BETWEEN CUDBY AND MEADE LIMITED Applicant AND NEW ZEALAND FURNITURE MANUFACTURING AND ASSOCIATED WORKERS' UNION...

7. Karaitiana v Seager - Wharetoto 9 Balance Trust (2024) 491 Aotea MB 36 (491 AOT 36 ) [pdf, 233 KB]

   ...Hei tīmatanga1 Introduction [1] Harvey and Tokoahu Karaitiana have applied for a rehearing of a decision I made appointing additional responsible trustees to the Wharetoto 9 Balance Trust (the Trust) and replacing deceased trustees. This was filed on the basis that Harvey Karaitiana as the sole responsible trustee knew nothing about the election process that led to my decision.2 Harvey and Tokoahu Karaitiana claim that there has been a misstep which justifies a rehearing. [2] Th...

8. [2020] NZIACDT 25 - RV v Aiolupotea (12 June 2020) [pdf, 164 KB]

   ...Advisers Authority (the Authority). The Registrar of Immigration Advisers (the Registrar), the head of the Authority, has referred it to the Tribunal. In addition to the alleged deception regarding citizenship, the Registrar identified concerns as to file management. It is alleged that Mr Aiolupotea’s conduct was dishonest or misleading and was negligent, grounds for complaint under the Immigration Advisers Licensing Act 2007 (the Act). It is also contended that he has breached...

9. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Application by Victims to be Heard) [2013] NZHRRT 26 [pdf, 79 KB]

   ...be no search of the Tribunal file without leave of the Chairperson. [2] There has been no appeal against that decision nor any review under s 96 of the Human Rights Act. However, on or about 17 July 2013 the Sensible Sentencing Group Trust (SSGT) filed in the High Court at Wellington an application for judicial review seeking (inter alia) an order quashing the interim orders. The judicial review proceedings have not yet been heard and are not of direct relevance to the issues addressed...

10. INZ (Carley) v De'Ath [2018] NZIACDT 45 (13 November 2018) [pdf, 213 KB]

    ...or no contact with Mr De’Ath, their named immigration adviser, in breach of his obligations under the Code of Conduct 2014 (the Code). [2] As a result of allowing unlicensed people to manage immigration applications, a false document was filed by one client and repeated applications by another client were incomplete. Immigration New Zealand contends Mr De’Ath failed to exercise due care in making these applications. [3] Mr De’Ath accepts that his business practice was con...