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1. [2014] NZEmpC 157 Howard v Carter Holt Harvey Packing Ltd [pdf, 121 KB]

   ...of Technology v Henderson (2007) 8 NZELC 98, 793 (EmpC) at [3]. 7 Angus v Ports of Auckland [2011] NZEmpC 160, (2011) 9 NZELR 40 at [25]. [51] In Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand Limited, the Court of Appeal stated:8 What are reasonable grounds for a belief of misconduct must depend on the facts of each case. But at the time when the employer dismissed the employee the employer must have either clear evidence upon which any reasonable em...

2. Tan v New Zealand Police [2016] NZHRRT 32 [pdf, 327 KB]

   ...reasonably considers it necessary”. The Minister argued the word “necessary” should in that 15 context be interpreted to mean “expedient or desirable” while the respondents supported “indispensable, vital, essential”. The Court of Appeal took into account that the purpose of s 10 was to provide a safeguard against the exercise by the Minister of powers which carried significant consequences, including the overriding of normal processes, procedures and appeals under...

3. [2019] NZEmpC 144 CBA v ONM [pdf, 577 KB]

   CBA v ONM [2019] NZEmpC 144 [15 October 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2019] NZEmpC 144 EMPC 70/2019 IN THE MATTER OF proceedings removed in full from the Employment Relations Authority BETWEEN CBA Plaintiff AND ONM Defendant Hearing: 13 August 2019 (heard at Wellington) Appearances: S Henderson and D O’Leary, counsel for C

4. [2019] NZEnvC 071 Eyre Community Environmental Safety Society Incorporated v Christchurch Regional Council [pdf, 16 MB]

   IBEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: IN THE MATTER AND BETWEEN AND AND Decision No. [2019] NZEnvC '1 I of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act EYRE COMMUNITY ENVIRONMENTAL SAFETY SOCIETY INCORPORATED (ENV-20 14-CHC-000057) Appellant CHRISTCHURCH REGIONAL COUNCIL and WAIMAKARIRI DISTRICT COUNCIL Respondents WAIMAKARIRI IRRIGATION LIMITED Applicant Principal Environment Judge L J Newh...

5. [2020] NZEmpC 225 Davis v Idea Services Ltd [pdf, 368 KB]

   ...ground that by the time of the subject events, ISL had an obligation to take all reasonable and practicable steps to maintain a safe workplace under that statute. [41] The scope of those obligations was succinctly summarised by the Court of Appeal in Attorney-General v Gilbert, when the Court observed:11 [83] ... The standard of protection provided to employees by the Health and Safety and Employment Act is ... a protection against unacceptable employment practices which have to...

6. NT v Parker [2019] NZIACDT 62 (4 September 2019) [pdf, 289 KB]

   ...with the immigration officer. He explained the character issue and how it would affect her future applications. Mr Parker advised that the best course would be to let Immigration New Zealand decline the application on character grounds and then appeal to the IPT. Mr Parker’s file note recorded that while the complainant might not have been eligible for residence, it was incorrect to decline residence on the ground of character.7 [58] On 14 August 2017 at 4:24 pm, Mr Parker sent t...

7. [2022] NZEmpC 78 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 409 KB]

   ...[7]. 16 Aviation and Marine Engineers Association Inc v Air New Zealand Ltd [2013] NZEmpC 172 at [71]−[72]; New Zealand Airline Pilots’ Association Inc v Air New Zealand Ltd [2014] NZEmpC 168, [2014] ERNZ 709 at [14] and [17]; not doubted on appeal – Air New Zealand Ltd v New Zealand Air Line Pilots’ Association Inc [2016] NZCA 131, [2016] 2 NZLR at [76], and New Zealand Air Line Pilots’ Association v Air New Zealand Ltd, above n 10, at [74] and [77]. [33] The su...

8. King v Commissioner of Police [2023] NZHRRT 19 [pdf, 263 KB]

   ...21(h). Claustrophobia is undisputedly a disability for the purposes of the HRA. [11] What amounts to discrimination contrary to NZBORA, s 19 is not defined in the HRA but has been judicially determined. That test is that set out by the Court of Appeal in Ministry of Health v Atkinson [2012] NZCA 184, [2012] 3 NZLR 456 (Atkinson) at [55], [109] and [135]–[136]: [11.1] First, there must be differential treatment or effects as between persons or groups in analogous or comparable s...

9. 3-Strikes-Proactive-Release-OIA-Requests_Final_Part6.pdf [pdf, 11 MB]

   ...@parliament.govt.nz>; Lynn, Robert <Robert.Lynn@justice.govt.nz> Subject: RE: Fact check and stat request Kia ora 1. We recommend saying that “around 30” offenders received a third strike due to some uncertain es in the data (e.g. ongoing appeals). 2. The fact that this number of people ended up receiving a third strike does not by itself show a deterrent effect. To make this statement we would need to know how much of an impact, if any, the three strikes regime had on the...

10. [2024] NZEnvC 290 Save the Maitai Inc v Nelson City Council [pdf, 736 KB]

    ...for costs are not encouraged. Any party wishing to apply must do so by Friday 29 November 2024, and any response is to be provided by Friday 13 December 2024. REASONS Introduction [1] Save the Maitai Incorporated (‘STM’/‘appellant’) appealed against the approval by the Nelson City Council (‘NCC’/‘Council’) of Private Plan Change 28 (‘PPC28’).1 In response to findings and directions in the court’s interim decision, a joint witness statement of the planning...