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1. Family Court rewrite submission: New Zealand Law Society [pdf, 1 MB]

   12 November 2018 Independent Panel, Family Justice Reforms c/- Ministry of Justice Wellington By email: FamilyJusticeReforms@justice.govt.nz EXAMINATION OF THE 2014 FAMILY JUSTICE REFORMS A. INTRODUCTION The New Zealand Law Society welcomes the opportunity to provide feedback to the Independent Panel (panel) examining the 2014 family justice reforms. We are pleased the impacts of the 2014 changes are being evaluated. The panel’s consultation paper, “Hav

2. [2016] NZEmpC 112 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 431 KB]

   RADIUS RESIDENTIAL CARE LIMITED v THE NEW ZEALAND NURSES ORGANISATION INC NZEmpC AUCKLAND [2016] NZEmpC 112 [31 August 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 112 EMPC 265/2015 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN RADIUS RESIDENTIAL CARE LIMITED Plaintiff AND THE NEW ZEALAND NURSES ORGANISATION INC First Defendant AND E TU INC (FORMERLY THE SERVICE & FOOD WOR...

3. [2011] NZEmpC 128 McKean v Ports of Auckland Ltd [pdf, 130 KB]

   GRAHAM MCKEAN V PORTS OF AUCKLAND LIMITED NZEmpC AK [2011] NZEmpC 128 [12 October 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 128 ARC 72/11 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER OF an application for interim reinstatement BETWEEN GRAHAM MCKEAN Plaintiff AND PORTS OF AUCKLAND LIMITED Defendant Hearing: 7 October 2011 (Heard at Auckland) Counsel: Simon Mitchell, counsel...

4. Recording Industry Association of New Zealand v CAL2013-E000614 [2013] NZCOP 3 [pdf, 46 KB]

   ...found to have down/uploaded copyright works from the Internet without permission. [2] The applicant here is the Recording Industry Association of New Zealand (RIANZ) which filed the application to the Tribunal as agent for the copyright owners Universal Music Group, Inc, Societe D’Invertissements et de Gestion and EMI Records Limited. The respondent is an individual internet account holder. [3] The case concerns the uploading of sound recorded songs by means of the BitTorrent Prot...

5. MacMillan v NZ Parole Board [2013] NZHRRT 3 [pdf, 61 KB]

   ...OUT STATEMENT OF CLAIM The application [1] This is an application by the defendant that these proceedings be summarily dismissed ahead of trial on the grounds that the proceedings are clearly untenable as a matter of law. [2] In Mackrell v Universal College of Learning High Court Palmerston North CIV2005- 485-802, 17 August 2005 at [48] Wild J held that the Tribunal has a wide discretionary power to strike out or dismiss a proceeding brought before it and the exercise of this pow...

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

   ...or (d) is otherwise an abuse of process. … [15] Section 115A mirrors r 15.1 of the High Court Rules 2016, which, until s 115A was inserted in November 2018, had guided the approach of the Tribunal to applications for strike out: Mackrell v Universal College of Learning HC Palmerston North CIV-2005-485- 802, 17 August 2005 at [48]. [16] The principles to be applied are clear and well established. They are set out by Richardson P in Attorney-General v Prince and Gardner [1998] 1 NZL...

7. [2021] NZEmpC 85 Wilson v Manukau Institute of Technology [pdf, 243 KB]

   ...starting salary step for other lecturers appointed at MIT’s Automotive School, as well as annual increments and pay increases. 3 See ASB Bank Ltd v Nel [2017] NZCA 558, [2017] ERNZ 879 at [17]−[18]. 4 Sawyer v The Vice-Chancellor of Victoria University of Wellington [2018] NZEmpC 25 at [28]. [12] The Court is advised that MIT’s lawyers recently provided an anonymised list of other lecturers appointed within the Automotive School during Mr Wilson’s period of empl...

8. [2025] NZEmpC 3 Singh v McKee [pdf, 210 KB]

   ...of documents, I accept Mr McKee’s submissions that the documents he exchanged with his business advisors regarding business restructuring planning and implementation in 2020 are not relevant to the 12 See generally Vice-Chancellor of Massey University v Wrigley [2010] NZEmpC 52 at [17]–[19]; Coy v Commissioner of Police [2010] NZEmpC 88, [2010] ERNZ 199 at [34]–[37]; Riyanto v Dong Nam Co Ltd (No 2) [2015] NZEmpC 85, [2015] ERNZ 732 at [37] and [39]; and Industrial Equipmen...

9. 2015 Decisions of public interest

   ...depression due to employment - Held, disadvantage grievance upheld – compensation of $1500 for humiliation, loss of dignity and injury to feelings after allowance for contributory behaviour. [2015] NZEmpC 169 Tertiary Education Union v Vice-Chancellor University of Auckland (Judgment of Judge Christina Inglis, 30 September 2015). INTERPRETATION OF CLAUSE IN COLLECTIVE AGREEMENT – whether words of agreement meant that Vice-Chancellor could not make an amendment to policy without agreement of...

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10. Shi v REAA (reserved decision) [2013] NZREADT 2 [pdf, 62 KB]

    ...Estate Agents Act 2008 BETWEEN YANG SHI Applicant AND REGISTRAR OF THE REAL ESTATE AGENTS AUTHORITY Respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Mr J Gaukrodger - Member HEARD at AUCKLAND on 5 December 2012 DATE OF DECISION 15 January 2013 APPEARANCES The applicant on her own behalf Mr M J Hodge, counsel for the respondent RESERVED DECISION OF THE TRIBUNAL The Issue [1] Should the applicant be grante...