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1. [2010] NZEmpC 59 Wellington Free Ambulance Service v Adams [pdf, 46 KB]

   ...theoretically and not with reference to this case of course. [17] The more flexible approach includes, for example, a commonsense determination of inherent possibilities of an unanswered assertion or even of a disputed assertion. In its extreme form, the rigid approach adopted by the Authority in this case would also preclude consideration of contradictory evidence called for a respondent, even powerful and persuasive contradictory evidence. [18] The Court or the Authority must dec...

2. [2006] NZEmpC AC 49/06 National Distribution Union & Anor v General Distributors & Anor [pdf, 59 KB]

   ...the direction to mediation be one to co-mediation with a Judge and a statutory mediator. The defendants did not demur from this suggestion, nor did any party from mine that I should reserve judgment sine die but with leave for either party to request a judgment if mediation was unsuccessful. [6] I record my appreciation of the readiness by the mediator who had previously assisted the parties, to resume mediation on the following morning, Friday 1 September, with another Judge at...

3. ENVC Hearing 6Oct14 NPI Trust Morehu Wilson [pdf, 306 KB]

   ...currently employed as an Aviation Firefighter in a management position. I have held a management position within this industry for the past 21 years. This evidence is given on behalf of the Ngati Paoa Iwi Trust. Although this evidence is given in written form, I would prefer to give the explanation that it deserves by speaking, in te reo, on these issues. My links to Paoa is through my mother Te Aomarama Wilson nee Te Aho Thompson, my grandfather Tukere Te Aho Tamihana and my grandmother...

4. Sidhu v Tan [2016] NZIACDT 62 (29 September 2016) [pdf, 159 KB]

   ...part, to challenge the way the Registrar has investigated the complaint, and criticise Ms Sidhu. He apparently disputed the facts, but his focus on criticising the Registrar obscured those elements of his response. [11] Accordingly, the Tribunal requested Mr Tan, pursuant to section 49(4)(a), to file an affidavit setting out: [11.1] What he did to comply with the 2010 Code’s requirements for commencing his professional relationship with Ms Sidhu (with specific reference to clauses...

5. [2006] NZEmpC WC 15A/06 OCS Ltd v Service and Food Workers Union Inc [pdf, 27 KB]

   ...seeking rulings from the Employment Relations Authority but instead moved unilaterally to implement the technology on the basis of its own interpretation. It then took potentially punitive steps against the union and its affected members in the form of an application for injunction and damages against them. In so doing, the plaintiff went beyond pursuit of an interpretation of the collective agreement and looked instead to enforce its interpretation before it had been resolved....

6. Maori Commercial Aquaculture Claims Settlement Amendment Bill [pdf, 155 KB]

   ...aquaculture industry. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of Expression 8. Section 14 of the Bill of Rights Act affirms the right to freedom of expression. This includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. This right has been interpreted as including the right not to be compelled to say certain things or provide certain information.2 9. Clause 7 of the Bill replaces existing s 49 of th...

7. [2022] NZACC 14 - Mackley v ACC (26 January 2022) [pdf, 169 KB]

   ...extenuating circumstances and that the original review could proceed on its merits. [11] In December 2021, the appellant’s counsel invoiced the respondent $4,158,78. [12] The parties have not agreed as to costs. The joint discontinuance flagged a request by the appellant for costs on a 2B basis in respect of one appeal. [13] The respondent states that the amounts claimed should be under category 1 and time allocation should be A. [14] The appellant’s position is that Distri...

8. 2012 Decisions of public interest

   ...employment relationship ended, s 4 duty of good faith also ended. Without prejudice letter which allegedly raised grievance should not have been admitted into evidence without consent of both parties. Employee not required to specify nature of remedies requested when raising grievance. Admissible correspondence and discussions did not raise grievance as setting out sections of the Act is not adequate particularisation of grievance. Doran v Crest Commercial Cleaning Ltd [2012] NZEmpC 97 [Fu...

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9. HM v XD & KT [2023] NZDT 623 (13 November 2023) [pdf, 208 KB]

   ...the New Zealand Companion Animals Register (NZACR) be amended to reflect that HM is the owner of E. The applicant also sought $2,000.00 from the respondents and clarified at the Tribunal that this was because she was required to enter a sum into the form, but that E was priceless. HM also clarified that she has relinquished the ownership of B to XD and KT. Therefore, this hearing was solely about E. 3. XD has filed a counterclaim in an amount of $1,999.00 and requested that the Tribuna...

10. Ringwood v Auckland Council [2011] NZWHT Auckland 44 [pdf, 170 KB]

    ...Wiemann. This revealed deteriorated timber, damp and brittle plaster, wet and mouldy fibre cement and an absence of building paper. [24] Another significant defect identified by Messrs Wiemann, Paykel and Gill was absent or incorrectly formed control joints in the plaster. They considered that the amount of cracking in the plaster layer on the house was beyond what would normally be expected and was excessive for a building of its age. The three experts considered that...