Search Results

1. [2015] NZEmpC 29 Hall v Dionex Pty Ltd [pdf, 330 KB]

   ...the following salient points: “we simply don’t know enough about these employees” and that there appeared to have been “really no or little HR support and strategy outside the US at Dionex.” [72] Mr Erickson referred to the Court of Appeal’s observation in Northern Distribution Union v BP Oil New Zealand Ltd that: 5 The fact that controls were non-existent provided opportunity but not excuse. The fact that others were culpable in countenancing the general pattern doe...

2. NOP TUV v MBIE [2014] NZHRRT 16 [pdf, 156 KB]

   ...each application is “accurate, up to date, complete, relevant, and not misleading”. To this figure must be added the large number of “other” applications such as applications for reconsideration, for special directions, protection claims and appeals to the Immigration and Protection Tribunal. For good reason immigration applicants have a statutory responsibility: [62.1] To ensure that all information, evidence and submissions the applicant wishes to have considered in support o...

3. CurrentWaterApps 15 December 2020 [xls, 96 KB]

   ...Permit Not Yet Commenced 14 Aug 2019 2 Nov 2020 30 Dec 2035 15 WR848CL 14 Aug 2019 Yes RM19.305 Received Resource Consent Application 4 Sep 2019 RM19.305.01 Surface Water Take Permit Received 2 Sep 2019 2009.220.V1 2 Sep 2019 No RM19.312 Under Appeal Resource Consent Application 24 Oct 2019 RM19.312.01 Surface Water Take Permit Received 17 Mar 2020 30 Dec 2035 16 Albert Burn (1) 2002.348.V1 26 Aug 2020 Yes RM19.312 Under Appeal Resource Consent Application 24 Oct 2019 RM19.312.01 Su...

4. MacNaughtan v Accident Compensation Corporation (Treatment Injury/Causation) [2023] NZACC 160 [pdf, 327 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 160 ACR 277/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN JOHN MACNAUGHTAN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 25 August 2023 Heard at: Wellington Appearances: Mr R Mansfield KC for the Appellant Mr L Hawes-Gandar and Ms F Becroft for the Respondent Judgment: 3 Octo...

5. 2013 Ministry of Justice Annual Report [pdf, 2.6 MB]

   ...(BPS) Action Plan and is on track to achieve its BPS targets. Crime is at a 33‑year low. 3,440 staff supporting 82 COuRTS & MORe ThAN 650 JuDgeS & JuDiCiAl OFFiCeRS 2 3 court statistics suPreme court 100 CRIMINAL AND CIVIL APPLICATIONS FOR LEAVE TO APPEAL DISPOSED 20 CRIMINAL AND CIVIL APPEALS DISPOSED court oF aPPeaL 700 CRIMINAL AND CIVIL APPEALS DISPOSED high court 200 juRy TRIALS DISPOSED 2,600 CASES DISPOSED District courts 3,300 CRIMINAL juRy CASES DISPOS...

6. [2008] NZEmpC WC 13B/08 Mana Coach Services Ltd v NZ Tramways and Public Passenger Transport Union Inc [pdf, 102 KB]

   ...as I have concluded, is the Court at liberty to refuse to award wages to the employees for this reason? [58] Mr McBride argued that authoritative and binding decisions must preclude such an outcome. These include the judgments of the Court of Appeal in Bell (Inspector of Awards & Agreements) v Broadley Downs Ltd [1987] NZILR 959 and CMI Screws and Fasteners Ltd v NZ Amalgamated Engineering etc IUOW [1990] 2 NZILR 433. Both judgments were under different predecessor legislati...

7. [2013] NZEmpC 148 Lewis v JPMprgan Chase Bank NA [pdf, 206 KB]

   ...application for a verification order in respect of the plaintiff’s disclosure of documents. The Employment Relations Authority’s determination [26] This proceeding is a challenge to determinations of the Employment Relations Authority, statutory appeals under s 179 of the Act. Those two Authority determinations are known as Lewis v J P Morgan Chase Bank, N.A. (the substantive determination) 1 and Lewis v JP Morgan Chase Bank, N.A. (the costs determination). 2 [27] The pl...

8. [2014] NZEmpC 54 Hamon v Coromandel Independent Living Trust [pdf, 177 KB]

   ...the concept of causation has caused difficulties in some branches of the law. However, we think it has some utility here … (b) In Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc 6 the Court of Appeal outlined the correct approach to constructive dismissals as follows: 7 In such a case as this we consider that the first relevant question is whether the resignation has been caused by a breach of duty on the part of the employer....

9. LCRO 139/2017 ML v OP QR [pdf, 290 KB]

   ...and scope of review [30] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 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...

10. Retemeyer v Loloa - Estate of Tahuaka Waipouri (2016) 129 Taitokerau MB 288 (129 TTK 288) [pdf, 363 KB]

    ...tikanga Māori as it relates to whangai, the Court can only make an order under section 115 if it accords with tikanga Māori or, at least, does not offend tikanga Māori. I refer to the helpful discussion by the Māori Appellate Court in Re An Appeal by Waimania Hohua 10 APRO 43. [38] In Johnson v Stone, 12 Judge Coxhead adopted the approach in Karauti: [26] If the Court finds that a person is a whāngai, then the Court must give effect to the provision of the will absolutely, w...