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1. Family Court E solution Amendment Rules 2024 PCO26422 v1.23 4 December 2024 Consultation version.pdf [pdf, 1 MB]

   Family Court (E-solution) Amendment Rules 2024 Governor-General Order in Council At Wellington this day of 2024 Present: in Council These rules are made under section 16A of the Family Court Act 1980 on the advice and with the consent of the Executive Council. Contents Page 1 Title 4 2 Commencement 4 3 Principal rules 4 4 Rule 4 amended (Overview of these rules) 5 5 Rule 5 amended (Application of these rules) 5 6 New rule 7A inserted (Transitional, savings, and related provisions) 5

2. [2008] NZEmpC WC 21/08 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 68 KB]

   ...… [51] In July 2004 at ACC’s request he was seen by another psychologist, Dr Ridding, to assess the appropriateness of psychological counselling. Dr Ridding recorded that Mr Mitchell believed his employers were actively unfair and self- protective in their handling of his affairs since he expressed concerns about his work volume. He was shocked by the content of the company’s written report to ACC. [52] Dr Ridding recorded that he had had a major emotional response to his...

3. EMPC Old dogs new tricks conference presentation [pdf, 239 KB]

   ...where an employer’s ability to fund a wage increase is dependent in part or in whole upon government grants which are open to competitive tender and have been pegged or even reduced in recent times. Private social service agencies, aged rest care facilities, and the public education sector are all examples where this apparently sympathetic but seemingly unanswerable response has been made to wage increase claims. Section 34 of the Employment Relations Act 2000 was enacted to add...

4. [2014] NZEmpC 174 Workforce Development Ltd v Hill [pdf, 143 KB]

   ...Corrections on 16 September 2011, noting that the Dack investigation had been conducted without her prior knowledge. She made it clear that suspension from the prison site gave rise to employment issues for WDL and that there was a need to follow a careful process. She also raised concerns about difficulties she had been encountering in securing training (the “Getting Got” programme) for tutors. [16] Mr Kaiwai, the then Prison Manager, responded to Mrs Greenhalgh’s letter...

5. [2015] NZEmpC 48 Thorne v Kiwirail Ltd [pdf, 144 KB]

   ...the school where she is teaching is serious misconduct at a high- level. Cancellation of registration will often be the only appropriate outcome. However, it is well established that it is not the only possible outcome. This must depend upon a careful scrutiny of all the circumstances of an individual case. [48] This submission involves similar issues to those considered above in relation to the plaintiff's argument on reinstatement. The short answer to the bullet point mat...

6. Nelson Standards Committee v Webb [2011] NZLCDT 2 [pdf, 159 KB]

   ...course of indicating the availability of house-sitters does not amount to misconduct. [53] As a result, we find that none of the conduct itemised in the Email Charge, and forming the basis of the charge, constitutes misconduct. It may represent carelessness, perhaps even to the extent that would support a finding of unsatisfactory conduct, but that was not the charge Mr Webb faced. As there is nothing proven in respect of this charge that would justify the Tribunal finding Mr Webb...

7. Heath v Auckland Council [2012] NZWHT Auckland 20 [pdf, 193 KB]

   ...degree of expert oversight rather than expect every small owner to take full responsibility and engage an expert adviser". (at page 525, lines 17-27). [82] To give the clause a wide meaning would result in a person who, whilst as owner is protected by “Hamlin”, as vendor becomes potentially liable for any building faults. It would expose the vendor to the very risk which the Court of Appeal held is totally inappropriate. [83] The interpretation which the claimants...

8. [2018] NZEmpC 4 Ioan v Scott Technology NZ Ltd t/a Rocklabs [pdf, 340 KB]

   ...Ioan’s statement of problem did not mention a disadvantage grievance or any other grievance. It says its determination therefore resolved all issues before the Authority and so the matter before it was at an end. [7] Both counsel provided careful and thoughtful submissions. I found them very helpful and thank counsel for them. [8] For the reasons set out in this judgment, Rocklabs validly terminated Mr Ioan’s employment pursuant to s 67B of the Employment Relations Act 2000 (...

9. Evidence Brief: Behaviour Management in Schools [pdf, 437 KB]

   ...and building a relationship with a school to support planning to address jointly identified goals. • Youth Aid officers assist schools with individual young people under 17 who offend, or are at risk of offending, or who may be in need of care and protection. The Police-school operating model provides for a graduated response. Police: • have a relationship and share information with all schools • support crime and road safety programmes in most schools • train...

10. Mitchell v Trustees of Pukeroa Oruwhata Trust - Pukeroa Oruawhata Trust (2003) 277 Rotorua MB 285 (277 ROT 285) [pdf, 1.2 MB]

    ...Trust into their own hands and in effect were running a closed operation without proper owner input. Consequently, the beneficial owners were left to the mercy of the Trustees with only the Companies Act 1993 and Te Ture Whenua Maori Act 1993 to protect their interests; and (e) the Trust did not have a mandate to represent Ngati Whakaue and nor was this possible when considering the objects of the Trust. The mere inclusion of such a clause in the Trust Order did not confer a mandate....