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1. Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill [pdf, 422 KB]

   ...8196742 therefore, whether the proposed provisions will indirectly discriminate on these prohibited grounds, and if so, whether any discrimination is justified under s 5 of the Bill of Rights Act. 66. However, applying the reasoning of the Court of Appeal in Ngaronoa,15 we do not consider that the proposed YSO and MSA regime will be inconsistent with s 19: 66.1 The Bill proposes to treat Māori and non-Māori young offenders the same; equally so in relation to disability issues. 66....

2. [2024] NZEmpC 250 High Performance Sport New Zealand Ltd v The Athletes Cooperative Inc [pdf, 289 KB]

   ...(8-2) (select committee report) at 8 and 13–14. 18 But see Maritime Union of New Zealand Inc v China Navigation Co Pte Ltd [2016] NZEmpC 111, [2016] ERNZ 473 at [126]–[128]. [74] Ms Dunn referred to the recent decision of the Court of Appeal in Rasier Operations BV v E Tū Inc,19 where the Court cited with approval Chief Judge Inglis’s comments in E Tū Inc v Rasier Operations BV:20 Employment status is the gate through which a worker must pass before they can acce...

3. [2007] NZEmpC CC 15/07 Terry Young Ltd v New Zealand Engineering Printing and Manufacturing Union Inc [pdf, 41 KB]

   ...Workers Union of Aotearoa Inc v Southern Pacific Hotel Corporation (NZ) Ltd1decided by the Employment Court under the provisions of the Employment Contracts Act 1991 is said by the plaintiff to be distinguishable as is the judgment of the Court of Appeal in Foodstuffs (Auckland) Ltd v National Distribution Union Inc2. Decision of the challenge [8] One of the principal thrusts of the Employment Relations Act 2000 is for collectivism. In this regard Parliament sought to redress the...

4. EMPC Dinner speech Labour Law Society Conference [pdf, 165 KB]

   ...standards are subsumed by legalism. Legalists prepare and present mediation statements that they read to mediators. They take legalistic points about the admissibility of evidence in the Employment Relations Authority and then seek to take those on appeal and consequentially proceedings in the Authority in the 4 meantime. But, as I pointed out, it is not only lawyers who do so and many lawyers conscientiously refrain from doing so. There are some, fortunately not too many...

5. EMPC Courtroom advocacy essential skills 2 etiquette [pdf, 227 KB]

   ...Court-taker is “Mr or Madam Court-taker”  The interpreter is “Mr or Madam Interpreter”  The witness should be formally referred to, unless special circumstances dictate otherwise. Courtroom fashion: In the High Court, Court of Appeal and Supreme Court; a black or navy blue suit, with a white shirt or blouse, tie for men, black or navy shoes, and a gown (unless the hearing is in chambers and the Judge has dispensed with the need for gowns). In the District Court...

6. [2007] NZEmpC WC 30/07 Secretary for Education & Ors v New Zealand Educational Institute (Inc) [pdf, 32 KB]

   ...teacher. Principles of interpretation of collective agreements [6] The starting point is that the words of the collective agreement should be given their plain meaning in the context of the document as a whole. It was recognised by the Court of Appeal in Pyne Gould Guinness Ltd v Montgomery Watson (New Zealand) Ltd1 that the factual matrix may be used to cross-check whether the natural and ordinary meaning of the words was intended although the Court recognised that all too of...

7. [2008] NZEmpC CC 14/08 PGG Wrightson Ltd v Jary [pdf, 31 KB]

   ...given a wide meaning – see for example the decisions of this Court in Medic Corporation Ltd v Barrett [1992] 3 ERNZ 523 and Waikato Rugby Union (Inc) v New Zealand Rugby Football Union (Inc) [2002] 1 ERNZ 752 and the decision of the Court of Appeal in Conference of the Methodist Church of New Zealand v Gray [1996] 1 ERNZ 48. In B D M Grange Ltd v Parker [2005] ERNZ 343, however, a full Court of the High Court expressed the view in paragraph [66] of the decision that: …“rela...

8. [2009] NZEmpC AC 54/08 A v The Internet Company of NZ [pdf, 31 KB]

   ...another person, there is not a requirement that the potential litigant will bring such a claim. They observed that this was addressed in British Steel Corpn v Granada Television Ltd [1981] 1 All ER 417, where Lord Templeman in the Court of Appeal stated at p443: In my judgment the principle of the Norwich Pharmacal case applies whether or not the victim intends to pursue action in the courts against the wrongdoer provided that the existence of a cause of action is establ...

9. Phillips v Te Rina Whanau Trust - Wharekahika D15 (2013) 31 Tairawhiti MB 175 (31 TRW 175) [pdf, 110 KB]

   ...to progress the s45 proceedings or to seek legal advice or direction from the Court per s67 of the Act. If the order granting the transfer of the occupation order is made then that too can be the subject of a s45 application, a rehearing or an appeal. So the remedies available to the respondents remain intact. There will be no prejudice if the transfer application is granted that cannot subsequently be the subject of further orders in the respondents’ favour. The real issue is w...

10. Tupe - Manunui No 1 Fourth Residue (2013) 309 Aotea MB 25 (309 AOT 25) [pdf, 110 KB]

    ...depend on a range of considerations including the nature and importance of the issue being decided, the extent of support and opposition and whether notice has been adequate. [17] In The Trustees of Pukeroa Oruawhata v Mitchell 10 the Court of Appeal underscored the importance of strict adherence to s 244 whenever the Court’s discretion to vary a trust order was invoked. A three step process was necessary that included notice to the beneficiaries, of the proposed variation suf...