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1. [2011] NZEmpC 103 Muldoon v Nelson Marlborough DHB [pdf, 153 KB]

   ...employment was subject to the provisions of the then applicable New Zealand (except Auckland Region) District Health Boards/PSA Mental Health & Public Health Nursing Multi-Employer Collective Agreement 01 November 2007 to 31 October 2010. [5] Clause 3 of the collective agreement defined “Casual employee” as meaning: … an employee who has no set hours or days of work and who is normally asked to work as and when required. Casual agreements shall not be used to deny staff...

2. [2013] NZEmpC 200 Jonas v Menefy Trucking Ltd [pdf, 160 KB]

   ...plaintiff, Mr Darren Jonas, is a truck driver by occupation. He had spent approximately twenty years in the industry before taking up employment with the defendant company, a line haul operator, on 14 November 2011. Just over five months later, on 5 April 2012, he was dismissed for alleged serious misconduct. Mr Jonas brought a claim in the Employment Relations Authority (the Authority) based on unjustified dismissal. His main complaint related to his treatment at the disciplina...

3. [2014] NZEmpC 136 Rainbow Falls Organic Farm Ltd v Rockell [pdf, 128 KB]

   ...than mandatory terms, constituted a breach of Mr Rockell’s contractual obligations. [46] Even if the full ‘standard form’ agreement and job description did apply (which I do not accept), additional difficulties would have arisen. Clause 19 provided that: Good communication between the employer and employee is essential for this agreement to be carried out efficiently. The employer and employee shall meet and review farm management procedures and set farm policy o...

4. Midlane v Woodberg [2013] NZIACDT 31 (27 May 2013) [pdf, 152 KB]

   ...agreement on behalf of their company.” [66] This approach was said to make it inappropriate for Ms Woodberg to be obliged to be a party to written agreements. 7 Written authority to act [67] The submission acknowledges that clause 2(d) of the Code required Ms Woodberg to have written authority to act. The submission was that email correspondence made it clear that Ms Woodberg had taken over the instruction, and Mr Midlane had expressly asked that Ms Woodberg put her...

5. [2021] NZACC 26 - Haugh v ACC (4 February 2021) [pdf, 215 KB]

   ...Appearances: A C Beck for the appellant I G Hunt for the respondent Judgment: 4 February 2021 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE DENESE HENARE [Recovery of overpayment, s251 Accident Compensation Act 2001] _________________________________________________________________ [1] The appellant, Mark Haugh is a self-employed locksmith. He injured his back in January 2015 and was paid weekly compensation by the...

6. Maritime Transport (MARPOL Annex VI) Amendment Bill [pdf, 135 KB]

   ...(MARPOL) in 1973. MARPOL aims to prevent and minimise ship pollution in the marine environment and is the primary international regulation for addressing the impacts of climate change on shipping. There are six annexures categorised by pollution type. 5. New Zealand’s international obligations under MARPOL are largely implemented through the Maritime Transport Act 1994 (the MTA), and maritime and marine protection rules made under the MTA. 6. At the end of 2019, Cabinet agreed that N...

7. [2017] NZEmpC 70 Edminstin v Sanford Limited [pdf, 515 KB]

   ...complied with its contractual obligations and that Mr Edminstin was, at most, entitled to a copy of the electronic information that had been supplied to him. [26] In the Authority Mr Edminstin claimed that Sanford had not complied with this clause by providing him with his marks, either on 27 February 2015 or otherwise. As already noted, that was because although an electronic record of them in the memory of the onboard computer had been given to Mr Edminstin on a data stick, h...

8. Witana v Tau - Omapere Taraire E (2019) 191 Taitokerau MB 1 (191 TTK 1) [pdf, 535 KB]

   ...Judgment: 11 June 2019 JUDGMENT OF JUDGE M P ARMSTRONG Copies to: M Tuwhare, Afeaki Chambers, P O Box 13-397, Onehunga, Auckland 1643 moana@afeakichambers.co.nz J Burley, K O’Halloran, McVeagh Fleming, DX CP21506, Auckland 1140 kohalloran@mcveaghfleming.co.nz mailto:moana@afeakichambers.co.nz mailto:kohalloran@mcveaghfleming.co.nz TABLE OF CONTENTS Introduction ................................................................................

9. Stryder v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 68 [pdf, 285 KB]

   ...advocate for his brother, the appellant Mr C Light for the respondent Judgment: 16 April 2024 ___________________________________________________________________________ RESERVED JUDGMENT OF JUDGE D L HENARE [Weekly Compensation s100, Clause 3 Schedule 1 Accident Compensation Act 2001] ___________________________________________________________________________ [1] The appellant, Jeremy Stryder challenges the following decisions of the Corporation: (a) A payment advice...

10. 2020-12-07 Statement of Evidence of Simon Wilson on behalf of the ORC [pdf, 291 KB]

    ...that 5 L/s. 26 The requirement to have water meters installed was phased in over time depending on the size of the water take authorised by the permit. Table 1 Resource Management (Measurement and Reporting of Water Takes) Regulations 2010, Clause 6. 5 1 below shows the dates by which water metering requirements applied with respect to those takes. Table 1 Size Date metering requirement applied from Permits over 20 L/s 10 November 2012 Permits with a rate of 1...