Search Results

1. [2011] NZEmpC 148 Service and Food Workers Union PSA v Pact Group [pdf, 119 KB]

   ...who are members of the first and second plaintiff unions without the 14 days notice required by s 91 of the Act. The parties subsequently agreed that the substantive hearing of the matter should be conducted on the papers with evidence in the form of affidavits and submissions by memoranda. Legislation and Issues [3] Strikes and lockouts are governed by Part 8 of the Act. Broadly speaking, such industrial action is lawful where it relates to collective bargaining in which the...

2. [2009] NZEmpC WC 8/09 New Zealand Meat Workers and related Trades Union v Taylor Preston Ltd [pdf, 64 KB]

   ...processing manager, told supervisors at the works that the IEA was only being offered to employees who were not members of the union at the time and that they could pass this message on to union members. He also told them that if union member employees requested the IEA they were to be referred to the union delegate. He told the Court that in spite of what he regarded as clear instructions to his supervisors he could understand how employees could misunderstand the difference betw...

3. [2007] NZEmpC WC 19/07 AFFCO NZ Ltd v Beamsley [pdf, 81 KB]

   ...representative described as “the senior site official”. That was Mr Beamsley at Imlay. [22] In addition to the discretionary paid time off to represent employees under clause 38 b), the core collective agreement also provides at e): The Unions may request unpaid leave for site officials and or delegates to attend to union affairs. Although such leave shall not be unreasonably withheld, the Company shall take into consideration the ongoing operation and industrial needs of the s...

4. [2012] NZEmpC 176 Te One A Mara Ltd v Olsen [pdf, 126 KB]

   ...commonly adopted approach to costs in the Authority is to take as a starting point a notional daily tariff of $3,500. The Authority then purported to apply the principles relating to costs set out in the judgment of the full Court in PBO Ltd (formerly Rush Security Ltd) v Da Cruz. 6 [11] The Authority held that the claim by the applicants (Mr Olsen and Ms Jackson) for recovery of full costs was “entirely unrealistic” because Ms Jackson had been “entirely unsuccessful”...

5. Te Rūnanga o Ngāti Awa v Paul - Otara o Muturangi (burial ground) (2014) 2014 Chief Judge's MB 615 [pdf, 291 KB]

   ...Committee at Matatā to nominate representatives in whom the land could be vested prior to being declared a Māori Reservation. [7] On 14 November 1961 the Deputy Registrar wrote to the District Welfare Officer advising of the proposed application and requesting the Welfare Officer to obtain names of representative owners who could go on the title initially prior to the land being declared a Māori Reservation and having trustees appointed. [8] On 4 January 1962 the Deputy Registrar...

6. Kereopa v Gray – Aramiro Trust (2016) 113 Waikato Maniapoto MB 245 (113 WMN 245) [pdf, 233 KB]

   ...Trustees’ submissions [17] In response to the application, the trustees submitted that they had so far not convened a special general meeting as they had difficulty understanding the reason for the meeting, and did not consider the owners’ requests met the criteria contained in the trust order. They submitted that initially they met with Mrs Kereopa to clarify what her concerns were but matters were not resolved before an application was filed with the Court. The trustees note...

7. Rae v CAC10057 & Burch [2013] NZREADT 3 [pdf, 70 KB]

   ...chattel. The agreement was signed by both parties. 4.9 The Committee also compared the title of the property at 64B Bluegum Road with the aerial photograph of the property. The title appears to confirm that the garden shed and the land beneath it forms part of the property at 64B Bluegum Road. 4.10 In the Committee’s view there was no reason for the licensee to have doubted that the garden shed, and therefore the land beneath it, did not belong to the property at 64B Bluegu...

8. H & Anor v CAC 20004 & Anor [2014] NZREADT 58 [pdf, 112 KB]

   ...insight to her health based on a few hours in a Court room. Surely the panel would not wish her drugged up further in order for her to cope with the effects or publicity? The risks are clearly explained by the Doctor in the report. I recommend and request that if the Panel wishes to make a different decision to the one they made about H’s state of mind and body that was based on a medical report from a qualified and experienced medical doctor, that they request a further report fro...

9. Gollins v CAC 20002 [2014] NZREADT 52 [pdf, 69 KB]

   ...of Natural Justice? [51] It seems to be accepted that any breach of natural justice can be remedied by a de novo hearing before us. [52] The Authority does not accept that the licensee was denied the chance to be heard in respect of the matters forming the basis of the charges, or that there was any other failure to observe the rules of natural justice. [53] Prior to the Committee’s decision to lay charges, the Committee provided the licensee with detailed information received fro...

10. BORA Countering Terrorist Fighters Legislation Bill [pdf, 362 KB]

    ...restrictions on liberty of movement may be authorised to protect national security, public order and the rights and freedoms of others. 19.Refugees are particularly vulnerable to any restrictions on their freedom of movement. Customs advises that any request to cancel a refugee travel document would be subject to particular scrutiny and careful consideration by the Minister. Cancellation of a refugee travel document would not, in itself, mean the person would lose their refugee status...