Search Results

1. [2021] NZEmpC 82 Barry v C I Builders Ltd [pdf, 279 KB]

   ...determination stage), holiday pay, invoicing and withholding tax. Where the evidence diverges is the extent to which Mr Barry suggested that he wanted such an arrangement. Mr Ireland said that Mr Barry had made it clear he was familiar with this form of arrangement and that he appreciated the flexibility that would come with it. Mr Barry said that he simply accepted what he was offered. [14] I accept that both understood that Mr Barry would be labelled an independent contractor....

2. Tana v Mahanga - Pukahakaha East 5B (2022) 254 Taitokerau MB 174 (254 TTK 174) [pdf, 310 KB]

   ...under s 244 to vary the trust. [90] I note that there was no evidence filed by the applicant to show that that there is support, let alone sufficient support under s 244 to seek a variation to the Trust Order. That is a pre requisite for any request for a variation or to order an SGM to consider any variation. [91] A Trust AGM is also scheduled for the 19th of November 2022. Given the afore- mentioned, I see no valid reason to order an SGM at this time. [92] I envisage matters inv...

3. [2024] NZEmp 56 KiwiRail Ltd v Rail & Maritime Transport Union Inc [pdf, 303 KB]

   ...employees were said to be acceptable because that was a consequence of the collective agreement. [55] The Court was invited to put aside as irrelevant the union’s adverse comparison between KiwiRail’s treatment of annual holidays and other forms of leave, and because that was not a subject addressed in the Authority or raised in the statement of claim. The union’s case [56] Mr Davenport’s primary submission was that KiwiRail’s case is flawed because annual holidays...

4. [2022] NZIACDT 8 - IF v Registrar (2 May 2022) [pdf, 111 KB]

   ...appellant and his wife that day informing them of this and asking her to stop working immediately if she was doing so. He stated that a s 61 application would have to be filed as soon as possible.1 [12] On 1 July 2021, the adviser filed a s 61 request. In his letter of explanation to Immigration New Zealand (Immigration NZ), the adviser admitted his error. [13] By this stage, the appellant was in direct communication with Immigration NZ. A visa officer informed him on 2 July 2...

5. Issues with access to justice in the Environment Court of New Zealand [pdf, 477 KB]

   ...jurisdictional matters. The Auckland Unitary Plan is now operative in large part. The situation in Christchurch City and Banks Peninsula was forced by the major earthquakes in September 2010 and February 2011. In their aftermath, the Christchurch City Council requested government intervention. Acting under the Canterbury Earthquake Recovery Act 2011 by Order in Council,26 an independent hearing panel was appointed in 2014 by the Ministers of the Environment and for Canterbury Earthquake Recov...

6. Merso v Accident Compensation Corporation (Claim for Social Rehabilitation) [2024] NZACC 193 [pdf, 307 KB]

   ...brain injury some children experience cerebral irritation which can also cause irritability. The medical evidence seems to suggest the irritability was more likely due to Hermela’s health conditions as described above, however ACC may wish to request further medical opinion regarding this issue and the injury vs non-injury factors contributing to this. [12] On 28 September 2018, the Corporation wrote to Ms Merso approving backdated attendant care from 13 July 2015 to 31 July 20...

7. Have your say on the family justice system [pdf, 1.2 MB]

   ...administrative support for the review). You should note, though, that your submission will become official information. This means that the Ministry may be required to release all or part of the information contained in your submission in response to a request under the Official Information Act 1982. The Ministry of Justice may, however, withhold all or parts of your submission if it is necessary to protect your privacy or if it has been supplied subject to an obligation of confidenc...

8. ASC Annual Report 2020 [pdf, 1019 KB]

   ...more, even all, medical practitioners taking a more active role in considering those cases in which abortion is requested. If the legislation is to be modified it would be logical to acknowledge that any registered medical practitioner is capable of forming an opinion regarding the desirability of a pregnancy being terminated or continued. Registration of a medical practitioner confers the right to select those patients whom narcotic drugs may be prescribed, to certify death and to ce...

9. Director of Proceedings v N [2019] NZHRRT 38 [pdf, 953 KB]

   ...marked "A". [3] The Consent Memorandum is in the following terms: MAY IT PLEASE THE TRIBUNAL 1. The plaintiff and the defendant have agreed upon a summary of facts, a signed copy of which is filed with this memorandum. 2. The plaintiff requests that the Tribunal exercises its jurisdiction and issues a declaration pursuant to section 54(1 )(a) of the Health and Disability Commissioner Act 1994 ("the Act") that the defendant has breached the Health and Disability Co...

10. Have your say on the family justice system [pdf, 1.1 MB]

    ...administrative support for the review). You should note, though, that your submission will become official information. This means that the Ministry may be required to release all or part of the information contained in your submission in response to a request under the Official Information Act 1982. The Ministry of Justice may, however, withhold all or parts of your submission if it is necessary to protect your privacy or if it has been supplied subject to an obligation of confidenc...