Search Results

1. Naidu v Royal Australasian College of Surgeons (Costs) [2018] NZHRRT 33 [pdf, 95 KB]

   ...why he had failed the selection process. He says that had RACS provided that information in a timely manner, filing of the claim before the Tribunal would have been unnecessary. Because Dr Naidu could not access the information by way of the appeal process, he had no choice but to file these proceedings in the Tribunal. The law [5] The Tribunal’s power to award costs in respect of proceedings under the Human Rights Act 1993 is in the following terms: 92L Costs (1) In any...

2. [2020] NZEmpC 153 Ceres New Zealand LLC v DJK [pdf, 214 KB]

   ...employment in force until the end of the notice period, notwithstanding that she was not required to work during that period. It was not the respondent’s stated intention to dismiss her summarily, and nor did it purport to do so. [12] The Court of Appeal upheld the Court’s decision, agreeing with the overall point that where a dismissal is on notice, the limitation period starts at the end of the notice period.7 The dismissal in that case was found to be on notice. Where the...

3. Walters v Miller - Oruanui 10 (Māori Reservation) (2017) 167 Waiariki MB 176 (167 WAR 176) [pdf, 252 KB]

   ...rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Māori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. 167 Waiariki MB 180 [21] Henare v Māori Trustee - Parengarenga 3G sets out the principles...

4. LCRO 133/2018 RN v TL (15 April 2019) [pdf, 101 KB]

   ...scope of review [18] 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 tha...

5. LCRO 102/2016 YS v DH (21 January 2019) [pdf, 140 KB]

   ...scope of review [6] 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. LCRO 178/2015 EN v FO (19 November 2018) [pdf, 140 KB]

   ...scope of review [14] 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 that...

7. [2022] NZEmpC 135 Singh v Dhaliwal [pdf, 220 KB]

   ...the property of the person in default be sequestered. ... [13] When considering a sanction, it is necessary to approach the exercise in a principled way. The first issue is whether a sanction should be imposed at all. [14] As the Court of Appeal made clear in Peter Reynolds Mechanical Ltd v Denyer (Labour Inspector), the primary purpose of the sanctions regime is to secure compliance.9 A further purpose is to impose a sanction for non-compliance. [15] In Peter Reynolds, the...

8. 2023 NZPSPLA 060 [pdf, 98 KB]

   ...complaint once litigated cannot be relitigated; that is the principal of res judicata. It is this principle that prevents me from reconsidering the complaint originally filed by CP, nor would it be appropriate for me to do so given this is not an appeal. This complaint is distinguished from the first one as that primarily related to an employee of RTC and his conduct. The original complaint with regard to RTC particularly was on the following matters: [a] That their phone number...

9. 2023 NZPSPLA 060 [pdf, 120 KB]

   ...complaint once litigated cannot be relitigated; that is the principal of res judicata. It is this principle that prevents me from reconsidering the complaint originally filed by CP, nor would it be appropriate for me to do so given this is not an appeal. This complaint is distinguished from the first one as that primarily related to an employee of RTC and his conduct. The original complaint with regard to RTC particularly was on the following matters: [a] That their phone number and...

10. Tipene v Ashby - Motatau 2 Section 31C (2025) 291 Taitokerau MB 211 (291 TTK 211) [pdf, 222 KB]

    ...rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. [13] Section 43 contemplates a two-step approach. First, the applicant must have made the applicati...