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1. Final Submissions Summary Report [pdf, 1.1 MB]

   ...provides for Māori to govern things Māori. Kaikohe regional hui Tiriti-led institutions would encourage dialogue and lift the conversation to one of partnership. This in turn embeds Māori values and provides Māori with a ‘place to stand’. University Chancellors The partnership iwi have is with the Crown and shouldn’t be demoted to local government. Hastings regional hui The relationship is not with pākehā and their voice in strengthening the Crown/Māori relationship...

2. Worker-Exploitation-in-NZ-Enforcement-and-Commentary-Paper.pdf [pdf, 313 KB]

   Worker Exploitation in New Zealand: Law Reform and Enforcement Paper presented to University of Auckland Employment Law Class 18 May 20231 Judge Kathryn Beck2 Mauri ora kia tātou, E te hunga mate, moi mai rā, rātou ki a rātou, tātou te hunga ora ki a tātou Kei te manawhenua o tēnei rohe, kei te mihi E koa ana te ngākau i tae mai ahau i tēnei rā i runga i te reo karanga o te rā. Nō reira, ka nui te mihi ki a tātou katoa Ko Kaiwhakawā Kathryn Beck tōku...

3. [2019] NZEnvC 092 Beadle v Queenstown Lakes District Council [pdf, 1.6 MB]

   ...Proposed Road. Rather, their briefs were confined to offering opinions on the relative merits of alternative access 37 38 Mr Marsh is a Chartered Professional Engineer and an International Professional and has a Bachelor of Engineering (Canterbury University) and a Master of Engineering (Texas A & M University) and has some 35 years of experience in civil engineering including road and structural design and management. Mr Sergejew has a Batchelor of Engineering (University of Au...

4. [2013] NZEmpC 72 Tan v LSG Sky Chefs NZ Ltd [pdf, 57 KB]

   ...is apparently awaiting the completion of the substantive proceedings. In the meantime I consider that appropriate guidance is to be taken from the trilogy of Court of Appeal cases which this Court has been applying for several years, Victoria University of Wellington v Alton-Lee, 3 Binnie v Pacific Health Ltd, 4 and Health Waikato Ltd v Elmsly. 5 Those cases indicate that it is not inappropriate for the Employment Court to follow its existing practice of using two thirds of actu...

5. [2016] NZEmpC 10 Fredericks v VIP Frames and Trusses Ltd [pdf, 79 KB]

   ...dismissed, and in his other disadvantage grievances and the penalties claim, then VIP would have been liable for a 3 In reliance on Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA); and White v Auckland District Health Board [2008] NZCA 451, [2008] ERNZ 635. 4 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA), Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA); and Health Waikato Ltd v Elmsly, above n 1....

6. [2023] NZEmpC 201 Reddy v Employment Relations Authority [pdf, 177 KB]

   ...costs.5 I acknowledge, however, the points made by the Hamilton City Council. Mr Reddy presumably had advice that would have identified 3 Employment Relations Act 2000, sch 3 cl 19; and Employment Court Regulations 2000, reg 68. 4 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [48]. 5 NZ Air Line Pilots Assoc IUOW v Registrar of Unions (1989) ERNZ Sel Cas 304 (LC) at 307. the prospects of success in these proceedings. The Hamilton City Council shoul...

7. Waal v Accident Compensation Corporation [2016] NZACA 05 [pdf, 291 KB]

   ...taking very high dosages of pain medication. [23] From November 1993, Mr de Waal began using an exercise program to control his lower back pain, as recommended by the McKenzie Institute. This was successful. [24] In 1994, Mr de Waal moved to Auckland and found the warmer temperatures allowed the pain levels to subside. Coverage accepted for medical misadventure [25] The claim for coverage of the August 1984 misadventure, made in February 1986, had been initially declined,...

8. [2015] NZEmpC 146 Hally Labels Ltd v Powell costs [pdf, 87 KB]

   ...the scale of costs contained in the High Court Rules for comparative purposes. In this case, counsel have referred to that scale. 4 Hally Labels Ltd v Powell [2013] NZEmpC 182. 5 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA); Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA); and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA). [11] Hally is the only party in these proceedings to have successfu...

9. [2015] NZEmpC 161 Vince Roberts Electrical Ltd v Carroll and Roberts [pdf, 87 KB]

   ...against Mr Roberts. [6] The principles applying as to costs awards in the Employment Court are now well established. 3 The principles to be extracted from those Court of Appeal 3 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA); Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA); and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA). decisions and subsequent decisions of this Court where those princip...

10. [2020] NZEmpC 127 123 Casino Ltd T/A 123 Palm Bar & Restaurant & Function Centre v Zuo [pdf, 208 KB]

    123 CASINO LIMITED T/A 123 PALM BAR & RESTAURANT & FUNCTION CENTRE v QI ZUO [2020] NZEmpC 127 [19 August 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2020] NZEmpC 127 EMPC 285/2018 EMPC 391/2018 IN THE MATTER OF a challenge to determinations of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN 123 CASINO LIMITED T/A 123 PA...