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1. [2025] NZEmpC 242 Tertiary Education Union v Te Pūkenga, New Zealand Institute of Skills and Technology T/A Unitec [pdf, 381 KB]

   ...will be highly dependent on the facts and circumstances of each case.6 The Court must consider whether custom or practice established by the evidence creates an implied contractual term. Implied terms must be reasonable, certain and notorious/universal. 5 Metropolitan Glass & Glazing Ltd v Labour Inspector, Ministry of Business and Innovation and Employment [2021] NZCA 560, [2021] ERNZ 1006 at [26], citing NZ Meat Workers and Related Trades Union Inc v AFFCO (NZ) Ltd (2009...

2. [2013] NZEmpC 139 NZ Post Primary Teachers’ Assn v Secretary for Education [pdf, 251 KB]

   NZ POST PRIMARY TEACHERS' ASSOCIATION v SECRETARY FOR EDUCATION NZEmpC WELLINGTON [2013] NZEmpC 139 [23 July 2013] IN THE EMPLOYMENT COURT WELLINGTON [2013] NZEmpC 139 WRC 28/12 IN THE MATTER OF proceedings removed in full from the Employment Relations Authority BETWEEN NZ POST PRIMARY TEACHERS' ASSOCIATION First Plaintiff AND ROBERT GRAY Second Plaintiff AND SECRETARY FOR EDUCATION First Defendant AND C

3. [2023] NZIACDT 1 - NI v Chak (5 January 2023) [pdf, 279 KB]

   ...that he has breached the Licensed Immigration Advisers Code of Conduct 2014 (the Code). BACKGROUND [3] The complainant is a national of China. [4] Mr Chak, a licensed immigration adviser, is a director of CWC Migration & Education Ltd, of Auckland. [5] From about 16 August 2016, Mr Chak communicated with the complainant’s husband through the ‘WeChat’ messaging service. There are numerous messages. The husband enquired about immigration requirements in relation to a...

4. Waitangi Tribunal Annual Report Matariki 2022 to 2023 [pdf, 18 MB]

   ...Mana Wāhine Kaupapa Inquiry at Te Mānuka Tūtahi Marae, Whakatāne, July 2021; Bottom left: Kaikaranga Rhonda Tibble and Chief Judge Dr Caren Fox at the pōwhiri for her swearing-in ceremony as Chief Judge of the Māori Land Court held at The Pā, University of Waikato, Kirikiriroa, 24 August 2023; Right: Dr Monty Soutar, former Chairperson Judge Wilson Isaac, and Professor Tā Pou Temara at Hearing One of the Military Veterans’ Kaupapa Inquiry at Tūnohopū Marae, Rotorua, June 2023....

5. Restorative justice: Practice standards for family violence cases 2019 [pdf, 1.5 MB]

   PRACTICE STANDARDS FOR FAMILY VIOLENCE CASES RESTORATIVE JUSTICE He aha te mea nui o tea ao? He tangata, he tangata, he tangata What is the most important thing in the world? It is people, it is people, it is people 3 CONTENTS CONTENTS ................................................................................................................................................... 3 INTRODUCTION .......................

6. [2011] NZEmpC 28 Zhang v Sam’s Fukuyama Food Service Ltd [pdf, 149 KB]

   JIAN ZHANG V SAM'S FUKUYAMA FOOD SERVICE LTD NZEmpC AK [2011] NZEmpC 28 [30 March 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 28 ARC 46/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN JIAN ZHANG Plaintiff AND SAM'S FUKUYAMA FOOD SERVICE LTD Defendant Hearing: 24 February 2011 25 February 2011 (Heard at Auckland) Appearances: Garry Pollak, Counsel for the Plaintiff To...

7. Oslo speech for IUCNAEL Colloquium June 2016 [pdf, 290 KB]

   ...alternative dispute resolution work of the Court, and when they sit with Judges to hear cases (usually 2 Commissioners on a panel chaired by a Judge), have an equal say in the outcomes. Locations [21] The Court has registries in three main cities, Auckland, Wellington and Christchurch, and conducts alternative dispute resolution and hearings for about half of its case load, in its courtrooms in those centres. The balance of the work of the Court is conducted in circuit locations...

8. Apostolakis v Gilbert (Decision) [2018] NZHRRT 22 [pdf, 290 KB]

   ...DECISION OF TRIBUNAL1 INTRODUCTION [1] Mr Gilbert is a Wellington lawyer who in January 2011 was instructed by Mrs Apostolakis to lodge a Notice of Claim of Interest under the Property (Relationships) Act 1976 against the title of an Auckland property owned by a Ms Jana De Polo, daughter of Mr Damir De Polo who was at one time in a de facto relationship with Mrs Apostolakis. Mr Gilbert had never previously acted for Mrs Apostolakis. She had arrived in his office without an...

9. [2011] NZEmpC 32 New Zealand Meat Workers Union of Aotearoa Inc v AFFCO NZ Ltd [pdf, 139 KB]

   ...seniority. Mr McConnell, for example, stated: 10. I disagree that in the past lay-offs in the past have always followed strict seniority. As between union members length of service seniority does apply but it is not absolute and has not been universally applied even to Union employees for many years; those with specialist skills or with the need for training have been retained, as the company exercises its rights under clause 30(c) of the Core. Submissions [22] Dealing firs...

10. [2013] NZEmpC 24 Idea services Ltd v Barker [pdf, 120 KB]

    IDEA SERVICES LIMITED V VALERIE BARKER NZEmpC AK [2013] NZEmpC 24 [5 March 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 24 ARC 50/12 IN THE MATTER OF an application for rehearing BETWEEN IDEA SERVICES LIMITED Plaintiff (Respondent in rehearing) AND VALERIE BARKER Defendant (Applicant in rehearing) Hearing: 8 February 2013 (Heard at Wellington) Appearances: Les Taylor, counsel for the plaintiff (respondent) Peter Cranney and Anthea Co...