Search Results

1. [2021] NZEmpC 168 Juyi International Ltd v Pan [pdf, 283 KB]

   ...available if to apply the provision would not be inconsistent with any other Act. Are there other statutory provisions that bind the Court? [59] A key authority on this point is Kidd v Cowan, where the scope of s 189 was discussed by the Court of Appeal.15 [60] The issue in that instance concerned whether the transfer of land by an employer to an employee could be offset against wages that it owed him. [61] The proposed question for the Court of Appeal was whether the Employmen...

2. LCRO 75/2022 BG v HC (25 October 2022) [pdf, 212 KB]

   ...scope of review [27] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

3. [2022] NZEmpC 226 Association of Professionals and Executive Employees Inc (APEX) v Te Whatu Ora – Health New Zealand [pdf, 228 KB]

   ...Meat Workers and Related Trades Union v Taylor Preston Ltd, Judge Shaw found that the issue under s 9 is what caused the preference to be conferred. If it was union membership, then it was prohibited.6 In an unsuccessful application for leave to appeal the Employment Court decision, the Court of Appeal held there is no warrant in the wording of s 9 to require a further inquiry into subjective motive, once the statutory test is met.7 In Pact Group v Service and Food Workers Union...

4. LCRO 28/2024 EB v FI (30 May 2024) [pdf, 190 KB]

   ...scope of review [25] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

5. LCRO 88/2023 VG v FB and SS (30 July 2024) [pdf, 186 KB]

   ...scope of review [46] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

6. [2025] NZREADT 21 – BS & QS v Upton (16 June 2025) [pdf, 270 KB]

   ...was never in his possession and he could not therefore withhold it. It is not open to the Tribunal to review the finding of the Committee that he did withhold the report in breach of his professional obligations.13 Mr Upton could have filed an appeal if he wanted to challenge findings of the Committee critical to the conclusion as to unsatisfactory conduct, but he did not do so. [32] Mr Upton also raises as an issue as to whether the cancellation of the S & P agreement was c...

7. LCRO 32/2024 MP v LG (21 January 2025) [pdf, 207 KB]

   ...scope of review [39] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

8. Modifying-the-Sentencing-Reinstating-Three-Strikes-Amendment-Bill_FINAL.pdf [pdf, 876 KB]

   ...Stage-2: 1,241 12/12/12 and reactivating Stage-3: 145 warnings Stage-4+: 26 35 Additional costs stemming from increased use of court resources (e.g. longer sentencing hearings), possible guilty plea impacts, and increased litigation such as criminal appeals, have not been modelled due to time constraints. 36 I accept that court resources will be under additional pressure in the short term. However, there are a number of ongoing initiatives, such as Te Au Reka (Caseflow Management) w...

9. [2013] NZEmpC 230 Textile Bonding Ltd v Jones [pdf, 46 KB]

   ...the Registrar is to be pursuant to a judgment of the Court, this will be deferred for 15 working days after delivery of the Court’s judgment to allow the issue of a continuing stay to be considered in the event that either party may seek to appeal the judgment of the Court. GL Colgan Chief Judge Judgment signed at 3.15 pm on Thursday 5 December 2013

10. Coleman v Auckland Council [2012] NZWHT Auckland 32 [pdf, 10 KB]

    IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000117 [2012] NZWHT AUCKLAND 32 BETWEEN ROBYN COLEMAN AND PATRICIA BAMFORD Claimants AND AUCKLAND COUNCIL First Respondent AND RONALD ANTHONY URLICH AND JANICE WILMA URLICH (Bankrupt and Removed) Second Respondents AND GRAHAM HAYHOW (Deceased and Removed) Third Respondent AND JOHANNES LAURENTIUS APERS Fourth Respondent Hearing: 19 and 26 July 2012 Appearances: T J Rainey and J Wood fo