Search Results

1. [2016] NZEmpC 92 Patel & Anor v Sharma [pdf, 90 KB]

   ...the time and wage records presented by Mr Patel in evidence especially when compared to a separate private diary kept by him recording different, and higher hours of work for Mr Sharma. Excerpts from that diary were produced by Mr Sharma in the form of photographs he had taken of its pages for the period 12 to 18 November 2012 and 8 July 2013 to 31 August 2014. The Authority recorded that: 2 The diaries reflect a much higher weekly average of hours worked than the weekly times...

2. JQ v QM LCRO 97 / 2011 (28 August 2012) [pdf, 84 KB]

   ...Care Rules 2008 (“the Rules”) did not apply. [7] In the course of the Standards Committee enquiry the Practitioner was asked to specifically address whether or not the test of misconduct set out in section 7(1)(b)(ii) applied to him. This request arose from the Committee’s tentative acceptance that the Practitioner was not supplying regulated services at the time of his telephone call to the Complainant, and that (by implication) section 12 did not apply. [8] In reply, Coun...

3. Tai Rakena v Corrections (AVL) [2017] NZHRRT 23 [pdf, 128 KB]

   ...Tai Rakena to various individuals and agencies, including a series of letters that have been referred by the Privacy Commissioner to the Police. [9.4] Given the nature of, and apparent escalation in, Mr Tai Rakena’s conduct, Crown counsel has requested that the Prison Director ensure Mr Tai Rakena is accompanied to the hearing by no fewer than two Corrections officers. [9.5] Given the potential health and safety concerns held and further given Assistant Crown counsel would be appeari...

4. Carston v Kusabs - Lot 1 DPS 64109 and Lot 2 DPS 64109 (2018) 191 Waiariki MB 14 (191 WAR 14) [pdf, 278 KB]

   ...is necessary in order to do justice between the parties. 5 Kōrerorero - Discussion [19] As outlined above, this application has been before the Court for some time now. The application was filed in 2007 and adjourned sine die in 2011 at the request of the Whaoa No 1 Lands Trust pending the outcome of the High Court matters involving the parties. 5 Taueki v Horowhenua 11 Part Reservation Trust [2016] Māori Appellate Court MB 184...

5. [2018] NZEmpC 130 Kocaturk v Zara’s Turkish Ltd [pdf, 222 KB]

   ...The Employment Court looks to the provisions of the High Court Rules 2016 when dealing with applications for security for costs. It does so pursuant to reg 6(2)(a)(ii) of the Employment Court Regulations 2000 (the Regulations), as there is no form of procedure provided by the Act, the Regulations or any rules of the Employment Court. [13] Under r 5.45 of the High Court Rules, the Court has discretion to order the giving of security for costs. One basis for ordering security is i...

6. [2018] NZSSAA 57 (31 October 2018) [pdf, 133 KB]

   ...reason for the overpayments is that the appellant was in a relationship at the time, and any entitlement to benefit payments was at half the married rate. There is no dispute that the person with whom he was in a relationship (the appellant’s former wife) was receiving benefit payments from outside New Zealand, and she failed to declare them. The result was overpaid benefit, and half was repaid by the appellant and half by the appellant’s former wife. [4] It is important to re...

7. Proactive release – Community Magistrates (Remuneration and Allowances) Order 2019 [pdf, 690 KB]

   ...(Remuneration and Allowances) Order 2019 Date of issue: 27 November 2019 The following documents have been proactively released in accordance with Cabinet Office Circular CO (18) 4. Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be released. Where that is the case, the relevant section of the OIA has been noted and no public interest has been identified that would outweigh the reasons for withholding...

8. Hughes v Accident Compensation Corporation (Costs) [2023] NZACC 028 [pdf, 159 KB]

   ...the Corporation for a back sprain injury, and this claim was registered. 2 [3] On 3 March 2017, Mr J Evison, Orthopaedic Surgeon, diagnosed Mr Hughes with a disc prolapse caused by the cricket incident. Mr Evison proposed surgery in the form of a L4/5 discectomy. [4] On 26 July 2017, the Corporation advised Mr Hughes that it would not fund the proposed surgery. On 26 June 2018, a Reviewer, dismissed Mr Hughes’ application for review of the Corporation decision. The Revi...

9. [2015] NZEmpC 170 Mahamai v Belley (Labour Inspector) [pdf, 171 KB]

   ...Belley responded by asserting that the Authority’s orders had been properly made, and that unpaid wages and holiday pay were due to Ms Sahrunphatcharakul. [9] Because of Ms Mahamai’s lack of participation in the process of the Authority, I requested a Good Faith Report so that I could resolve the question of whether the hearing should proceed on a de novo basis. Such a report was provided, with the Authority expressing its opinion that Ms Mahamai had failed to respond to bo...

10. Bratton v Le Lievre - Muriwhenua Incorporation [2017] Māori Appellate Court MB 131 (2017 APPEAL 131) [pdf, 239 KB]

    ...jurisdiction is not forever excluded just because an initial lease term does not require its consideration or approval. 18 HC Auckland, CIV-2008-404-2645, 16 September 2008 19 Tatahi Ltd (Formerly known as Tutanekai Tatahi Ltd) v Matauri Bay Properties Ltd [2009] 3 NZLR 367 (CA) 20 Ibid at [27] to [29] 2017 Maori Appellate Court MB 139 [37] Clause 14 of Ms Le Lievre’s LTO states that, upon expiry of the term of 30...