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1. [2022] NZEnvC 012 Ngati Paoa Trust Board v Kennedy Point Boatharbour Limited [pdf, 92 KB]

   ...costs award in respect of the Declaration Decision should be made in its favour. [18] I do not accept this submission because the Trust Board did not formally apply for a declaration about the bolded words in Condition 24A. Rather, all parties universally supported a declaration being made on this aspect. 9 7 8 9 At [8]. Peninsula Watchdog Group Inc v Waikato Regional CoJ1ncil [1996] NZRMA 218 at page 4; Hokio Trttsts v Manawat11-Wangan11i Regional Council [2017] NZEnvC 159 at...

2. [2023] NZEmpC 206 Downer New Zealand Ltd v King [pdf, 189 KB]

   ...non-party is possible, but only if the Court grants it after considering 5 Pilgrim v Attorney General (No 33) [2023] NZEmpC 84 at [5]; Prasad v LSG Sky Chefs New Zealand Ltd [2017] NZEmpC 160; see also Sawyer v The Vice-Chancellor of Victoria University of Wellington [2019] NZEmpC 7 at [8]; and Johnston v The Fletcher Construction Co Ltd [2020] NZEmpC 117. 6 Senior Courts (Access to Court Documents) Rules 2017, rr 6(b) and 7. 7 Rule 4. rr 11, 12 and 13. If granted tha...

3. 2023 Decisions of public interest

   ...agreement – no right to strike under the Equal Pay Act 1972 – strike could not be valid under the Employment Relations Act 2000, s 83. [2023] NZEmpC 2 The New Zealand Tertiary Education Union Te Hautu Kahurangi O Aotearoa Inc v Vice Chancellor of the Auckland University of Technology (Judgment of Judge K G Smith, 19 January 2023) APPLICATION FOR ENFORCEMENT OF COMPLIANCE ORDER – compliance order was made in Authority to follow collective agreement during restructuring process – complian...

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4. [2012] NZEmpC 186 Walker v Procure Health Ltd [pdf, 153 KB]

   WALKER V PROCARE HEALTH LIMITED NZEmpC AK [2012] NZEmpC 186 [1 November 2012] IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 186 ARC 72/09 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN VICKI JANE WALKER Plaintiff AND PROCARE HEALTH LIMITED Defendant Hearing: (on the papers by way of submissions filed 13 July 2012, 7, 17 and 20 August 2012 and affidavits dated 19 July 2012, 15 August 2012 and 26 Oct...

5. [2017] NZSAAA 03 (7 July 2017) [pdf, 343 KB]

   ...she would clearly have been eligible for an allowance. (See further at [17] below). 2 Factual background [4] The appellant’s parents live in Tauranga. In 2006 she appears to have moved out of the family home and in 2009 she commenced university study in Christchurch. When she commenced study, she was aware that she would not be eligible for a Student Allowance as her parents’ joint income was well in excess of the allowance threshold. Accordingly, in 2009 and 2010 she reli...

6. [2014] NZEmpC 71 Gazeley v Oceania Group NZ Ltd [pdf, 81 KB]

   ...relationship problem where statutory remedies are sought. The judgment in Hayward did not draw the same distinction or refer to the earlier decision in Harwood. This Court has since expressed support for the approach adopted in Harwood in George v Auckland Council where Judge Inglis held that it is not tenable to craft a separate claim for damages in a personal grievance claim. 5 [11] Even if it was accepted that the Court has jurisdiction to award special damages for legal cos...

7. [2018] NZEmpC 53 Ahuja v A Labour Inspector, Ministry of Business, Innovation and Employment [pdf, 280 KB]

   NEELAM AHUJA, CHIRAG AHUJA AND RHYTHM AHUJA (RE KHOOBSURAT LIMITED) (IN LIQUIDATION) v A LABOUR INSPECTOR, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT NZEmpC AUCKLAND [2018] NZEmpC 53 [22 May 2018] IN THE EMPLOYMENT COURT AUCKLAND [2018] NZEmpC 53 EMPC 12/2017 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of applications for costs BETWEEN NEELAM AHUJA, CHIRAG AHUJA AND RHYTHM...

8. [2016] NZEmpC 160 Nathan v C3 Ltd [pdf, 100 KB]

   ANDY NATHAN v C3 LIMITED NZEmpC AUCKLAND [2016] NZEmpC 160 [1 December 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 160 ARC 94/12 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN ANDY NATHAN Plaintiff AND C3 LIMITED Defendant Hearing: On papers filed on 30 September, 31 October and 11 November 2016 Representatives:...

9. Te Manutukutuku Issue 9 [pdf, 2.7 MB]

   ...is with much pleasure that we welcome Molly Kino of Ngati Maniapoto to the staff of the Waitangi Tri­ bunal. Molly is contracted to work 20 to 25 hours a week on our records and filing system. When she is not at the Tribunal, Molly is at Victoria University and Wellington Polytechnic, completing studies in kaupapa Maori and stenography. She is also working towards tutor certificates in those subjects. ~ 'W WELLINGTON TENTHS CLAIM The Wellington Tenths claim was a part of th...

10. [2022] NZEmpC 50 Gate Gourmet New Zealand Ltd v Sandhu [pdf, 206 KB]

    GATE GOURMET NEW ZEALAND LIMITED v SUHKJEET SANDHU [2022] NZEmpC 50 [22 March 2022] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2022] NZEmpC 50 EMPC 217/2020 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN GATE GOURMET NEW ZEALAND LIMITED First Plaintiff AND SHAUN JOILS Second Plaintiff...