Search Results

1. [2017] NZEmpC 74 Speed v Board of Trustees of Wellington Girls College [pdf, 121 KB]

   ...Employment Relations Authority (Authority) in its determination 1 and in Mallon J’s judgment on judicial review proceedings issued by Mr Speed, reported as S v New Zealand Teachers Council. 2 [4] While those decisions were relied on to provide information, and therefore context, to these applications it is apparent that if this proceeding reaches a trial there is likely to be a substantial dispute between the parties about what happened and why. [5] A convenient summary of the...

2. Greenslade v Commissioner of Police (Human Rights Act) [2021] NZHRRT 53 [pdf, 248 KB]

   ...claims that: [2.1] He was qualified to be admitted to Police College, but he was declined entry by reason of his dyslexia (which is a disability) and because of an assumption by the Police that he had difficulty with processing and recording new information accurately, which would also be a disability. [2.2] He has therefore been discriminated against by reason of a prohibited ground of discrimination, being a disability. [3] In response, the Police say that: [3.1] Mr Greenslade was...

3. [2022] NZEmpC 62 Craighead Diocesan School Board of Proprietors v Thompson [pdf, 250 KB]

   ...on those subjects it could not be said that there was a determination on “matters or issues it considers require determination in order to dispose of the matter”. [31] To reinforce the argument Ms Ryder pointed out that the Authority’s request for further information could only arise where it had not determined the case.25 That was said to indicate the Authority had not intended its decision to have concluded relevant matters or issues. [32] For two reasons Ms Ryder did n...

4. Trustees of Te Ngae Farm Trust v Trustees of the Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 118 Waiariki MB 92 (118 WAR 92) [pdf, 280 KB]

   ...mailto:felix.geiringer@terracechambers.co.nz mailto:curtisbidois@eastbrewster.co.nz mailto:mmckechnie@xtra.co.nz 118 Waiariki MB 93 Introduction [1] Ngāti Rangiteaorere settled part of their Treaty claims in 1993 by way of an agreement with the Crown. Land which formed part of that agreement was vested in the eponymous ancestor of Ngāti Rangiteaorere and eventually transferred to the Te Ngae Farm Trust (“the Trust”). A further deed of settlement was subsequently entered...

5. [2012] NZSC 69 SC124/2011 Service Food Workers Union v The persons listed in Schedule A & OCS Limited [pdf, 137 KB]

   ...in this case because the employees involved are within one of those categories. 1 The object of subpart 1, as stated in s 69A, is to provide protection to qualifying employees if, as a result of a proposed restructuring, their work is to be performed by another person, meaning another employer. In that situation the legislation is designed to give: (a) the employees a right to elect to transfer to the other person as employees on the same terms and conditions of employment; and

6. Trustees of Owhaoko C Trust v Karena - Owhaoko C Trust (2017) 59 Takitimu MB 288 (59 TKT 288) [pdf, 436 KB]

   ...trustees advise that the rateable value of the property at the date of the purchase was $131,000. The trustees add that the vendor made it clear to the Chairman that his expectations were above that. Further, the trustees say that, Mr Karena informed the trustees at a meeting on 18 January 2016 that the vendor had offered the property to him for $400,000 which they understood Mr Karena did not take objection with. [62] According to the trustees the purchase price ($420,000) was...

7. Waitangi Tribunal theme L - Trust administration of Māori reserves [pdf, 3.3 MB]

   ................................................... 151 Bibliography. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 153 111 INTRODUCTION This is a national theme report for the Rangahaua Whanui programme. I It forms one part of two studies commissioned as National Theme L (trust administrations in the nineteenth century). The report attempts a historical overview of the legislation and general practice of the trust a...

8. Reid v Fire Services and Crown Law (Recall Application) [2012] NZHRRT 27 [pdf, 95 KB]

   ...Office for consideration. [7] On 18 February 2006, Mr Reid wrote to the New Zealand Fire Service requesting copies of all documents pertaining to its referral of the prospect of vexatious litigant proceedings to the Crown Law Office. [8] Both requests were treated as an information access request to which Principle 6 of the Privacy Act 1993 would apply and both the Crown Law Office and the New Zealand Fire Service resisted the requests, at least in respect of the vast majority of th...

9. [2010] NZEmpC 1 Singh v Eric James & Associates Ltd [pdf, 46 KB]

   ...premium payments. Mr Singh had an accountant who produced annual accounts for him as a sole trader and in which his business expenses were deducted from his income and Mr Singh was taxed accordingly. The commissions paid to Mr Singh were able to be claimed back from him by EJAL if a policy did not subsist for a set minimum period. [15] Mr Singh operated his business from his home and provided his own motor vehicle for travelling to appointments with customers and to sales meetings...

10. [2011] NZEmpC 13 Carter Holt Harvey Ltd v EBIIWU [pdf, 118 KB]

    ...Authority Member has erred in law. The approach adopted fails to take into account the guidelines set out in Da Cruz. In particular, it has not taken into account this Court’s guidance to the effect that costs [awards] should be modest, which formed the basis for its finding that the Binnie approach was not a proper one. 5.8. It is submitted that the Authority should instead have adopted the approach approved in Da Cruz and applied consistently since then of awarding costs ba...