Search Results

1. [2025] NZEmpC 195 The Secretary for Education v NZ Post Primary Teachers' Association Incorporated Te Wehengarua [pdf, 175 KB]

   ...remains open for instruction during paid union meetings. [5] The proceedings centre on cl 10.4.1(c) of the Secondary Teachers’ Collective Agreement – 2022 to 2025 (the STCA) and on s 26(3) of the Employment Relations Act 2000. [6] Clause 10.4.1(c) of the STCA provides: The union must make such arrangements with the employer as may be necessary to ensure that the school remains open for instruction during any union meeting including, where appropriate, an arrangement...

2. Matchitt - Frank Hata Estate [2016] Chief Judge's MB 860 (2016 CJ 860) [pdf, 98 KB]

   2016 Chief Judge’s MB 860 IN THE MĀORI LAND COURT OF NEW ZEALAND WAIARIKI DISTRICT A20090015323 CJ 2009/30 UNDER Section 45 Te Ture Whenua Māori Act 1993 IN THE MATTER OF Frank Hata also known as Pera Frank Hata EDWARD MATCHITT Applicant Judgment: 25 October 2016 DECISION OF CHIEF JUDGE W W ISAAC Copies to: A Gallie, Ruahine Law, PO Box 24 Otane, ruahinelaw@gmail.com 2016 Chief Judge�

3. [2020] NZEnvC 191 Aratiatia Livestock Limited v Southland Regional Council [pdf, 413 KB]

   ...have cautioned the parties going forward to respect the court's findings in relation to those policies. 3 The balance of the provisions4 are now organised into broad topics and referred to mediation which is to be completed by 1 June 2021.5 The exception to this is the Infrastructure topic (Topic 86) which may require a hearing. Discussion [4] The final wording of the objectives and policies is attached to the court's Minute dated 1 October 2020 and again, to this decisi...

4. [2019] NZEnvC 134 Strategic Property Advocacy Network v Auckland Council [pdf, 328 KB]

   ...submissions made on the proposed plan; and (c) the person is, was, or will be unduly prejudiced by the inclusion of the provision or exclusion of the matter. (4) The Environment Court must treat an appeal under this section as if it were a hearing under clause 15 of Schedule 1 of the RMA and, except as otherwise provided in this section, clauses 14(5) and 15 of Schedule 1 of the RMA and Parts 11 and 11A of the RMA apply to the appeal (including, to avoid doubt, sections 299 to 308). (5)...

5. [2022] NZEmpC 134 CultureSafe NZ Ltd v Employment Relations Authority [pdf, 211 KB]

   ...an application for judicial review BETWEEN CULTURESAFE NZ LIMITED Applicant AND EMPLOYMENT RELATIONS AUTHORITY First Respondent AND MANUKA HEALTH NEW ZEALAND LIMITED Second Respondent Hearing: 5 May 2022 (Heard at Auckland, via VMR) Appearances: A Fechney, advocate for applicant No appearance for first respondent, by leave G Bevan, counsel for second respondent Judgment: 1 August 2022 JUDGMENT OF JUDGE

6. Audit-and-monitoring-policy [pdf, 376 KB]

   ...may consider one of the following actions (or any other appropriate action): • referring the provider to the complaints process • referring the provider to the Performance Review Committee • issuing the provider with a default notice under clause 8.2.1 of the provider contract requiring the provider to take some corrective action. In this case, the Ministry: • records the findings • advises the provider of the areas where they have not met expectations and any outcomes or...

7. [2016] NZEmpC 87 Kupa v Silver Fern Farms Beef Ltd [pdf, 248 KB]

   ...the relevant terms of the employment agreement. [9] Mr Kupa was a member of the New Zealand Meat Workers Union (the Union), which entered into a collective employment agreement with SFF covering the period 1 November 2013 to 30 October 2016. 3 Clause 30 of the agreement deals with personal conduct of employees. There are two relevant provisions in that clause. [10] The first is at cl 30(e) which states: Examples of misconduct, which would normally warrant dismissal, include...

8. FMI v Accident Compensation Corporation (Claim for Cover for Mental Injury) [2025] NZACC 062 [pdf, 375 KB]

   ...need to achieve equitable compensation for them. The issues that need to be resolved in this respect are: Should mental consequences of criminal assault, where there has been no physical injury, be compensated for from the scheme? … [73] Clause 3 of the Injury Prevention, Rehabilitation and Compensation Bill 1991, expressed the requirements to obtain cover for mental injury caused by sexual abuse. At its introduction to Parliament, the Hon. William Birch stated:43 Clause 3...

9. Smith v Waitakere City Council [pdf, 220 KB]

   ...Smith in person as Claimant Susan Banbury & Georgina Grant for First Respondent Lawrence Ponniah for Second and Fourth Respondents Determination: 12 July 2004 DETERMINATION Solicitors: Heaney & Co, Po Box 105391, Auckland Corban Revell, PO Box , 21-180, Waitakere City AND TERENCE QUINN Second respondent AND GARTH YATES Third respondent AND TERENCE PATRICK QUINN and ELIZABETH ANNE QUINN and ANDREW MARK WILMOT

10. [2023] NZEmpC 168 AJY v Chief Executive of the Department of Corrections [pdf, 545 KB]

    AJY v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZEmpC 168 [3 October 2023] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2023] NZEmpC 168 EMPC 167/2022 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN AJY Plaintiff AND CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Defendant EMPC 174/2022 IN THE MATTER