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1. Wood v ACC [2013] NZACA 4 [pdf, 62 KB]

   ...the Authority to either direct the Corporation to make a new decision under the 1982 Act, or accept that there was a decision in 1987 and conduct a new review hearing. [30] There is no indication on my file whether Mr Cartwright acted on this request, but Mr Darke filed submissions in support of the application in March 2010. In March 2012, Ms Becroft, filed submissions to challenge the Authority’s jurisdiction on the grounds first, that it arises out of a review decision under the...

2. Zhang v Samsung Electronics New Zealand Ltd (Strike Out Application) [2023] NZHRRT 42 [pdf, 175 KB]

   ...Dr NR Swain, Member REPRESENTATION: Mr T Zhang in person Mr J Edwards and Ms BJ Shone for defendant DATE OF HEARING: 27 May 2021 DATE OF DECISION: 20 December 2023 DECISION OF TRIBUNAL STRIKING OUT THE STATEMENT OF CLAIM1 [1] Mr Zhang alleged that Samsung Electronics New Zealand Ltd (Samsung NZ) discriminated against him in breach of s 44(1)(b) of the Human Rights Act 1993 (HRA) (which relates to the supply of goods or services) on the basis of his rac

3. [2018] NZEmpC 14 Hayashi v SkyCity Management Ltd [pdf, 422 KB]

   ...granted. It is also appropriate that the names of SkyCity employees and managers not be published and throughout this judgment they are referred to by their position designation at the time of the dismissal. Pleadings [5] The statement of claim alleges that the dismissal was procedurally and substantively unjustified and that what SkyCity did and how it acted towards Mr Hayashi were not what a fair and reasonable employer could have done in all the circumstances. [6] The...

4. [2020] NZEmpC 167 Noble v Ballooning Canterbury.com Ltd [pdf, 287 KB]

   ...Canterbury.com Ltd [2020] NZEmpC 60 [GRL interlocutory judgment]. 5 Removal determination, above n 2. [11] The essence of BCL’s position is that indemnity costs should be awarded for several reasons. The first of these was that BCL had requested that the jurisdictional matter be dealt with on an interlocutory basis, with the filing of affidavits and submissions. Mr Noble had opposed this course of action, preferring it to be dealt with at the substantive hearing which...

5. Te Manutukutuku issue 75 [pdf, 7.6 MB]

   ...system, centred on the creation of district health boards to deliver health care to distinct popula- tions. A new, primary care-focused health system that would deliver care to those who most needed it was declared to be the emphasis of these reforms. Primary health care, often the first port of call for people needing to use health services, was highlighted as key to an effective health system, and ideally should prevent or mitigate the worst effects of health conditions before the...

6. [2018] NZEmpC 129 Secretary for Justice, MOJ v NZ PSA [pdf, 266 KB]

   ...which has included a ban on working overtime and working to rule by taking common tea breaks, and a ban on working outside normal standard hours of work or attending periodic weekly meetings. In addition, the CSOs have taken strike action in the form of the “lightning strikes”. These lightning strikes have been in the form of one- or two-hour strikes involving a total withdrawal of labour by CSOs during the period notified. The action has taken place at District Courts in Auc...

7. Mane - Waihou A8C1B1 (2015) 117 Taitokerau MB 215 (117 TTK 215) [pdf, 293 KB]

   ...Town and Coastal Limited. I note in this regard that Mr Carson’s draft survey plan shows two severances in favour of Barney, being an area of 1550m² and a separate severance of 300m². Judge Spencer did not consider the 300m² area should form part of an occupation order. The larger area approximates to the 2001 occupation order site. A20100007072 – s 19(1)(a) [22] On 20 May 2010 Barney applied for an injunction removing his sister, Peggy, and her family from the homestead...

8. [2013] NZEmpC 139 NZ Post Primary Teachers’ Assn v Secretary for Education [pdf, 251 KB]

   ...amended prayer for relief (in the expectation that the amendment would narrow the issues to be resolved) as well as a joint memorandum signed by both counsel identifying the specific interpretation issues which were no longer in dispute. [3] The requested documents were filed after the evidence had been heard and shortly before the day scheduled for the presentation of closing submissions. The joint memorandum signed by both counsel listed six matters of interpretation upon which...

9. [2010] NZEmpC 96 Neill v Schmidt & Paul & Anor [pdf, 25 KB]

   ...and joined to them. That power is in s 221(a) of the Employment Relations Act 2000 (the Act). [5] Although, as I have indicated, it was within the Authority’s power to add as a party Frank & Peter Builders Limited, even if with minimal formality, the Authority should not have deleted completely, including from the entituling to the proceedings in the Authority, Mr Schmidt and Ms Paul. The consequence of its doing so was to deprive Mrs Neill, at least temporarily, of her en...

10. [2008] NZEmpC WC 16/08 Wesley Community Action Trust v Dickson and anor [pdf, 25 KB]

    ...s178 of the Employment Relations Act 2000 (“the Act”) to remove Mr Dickson’s proceedings to this Court for hearing at first instance. [2] At about 5.30 pm yesterday the plaintiff, Wesley Community Action Trust (“the Trust”), requested the Court to consider urgently this issue on the basis of copies of proceedings filed with the Authority, exchanges of correspondence between the parties, and a covering letter to the Court. Mr Cullen, counsel for the plaintiff,...