Search Results

1. Minhinnick v The Crown - Maioro Lands (1994) 18 Waikato Maniapoto Appellate MB 220 (18 APWM 220) [pdf, 3.8 MB]

   ...the creator and act as guardians, protectors and developers only in conjunction with respect for their lands and the need to preserve these lands for future generations. Whereas, the authority and control of pakeha ownership is put in place by human sources, via Government." It is evident from the above quotation that common to "Kaitiaki" and "ownership" is the element of domain or authority and control over land, for whatever reason, for whoever. It is ac...

2. [2019] NZEmpC 37 Derbie v Tranzurban Hutt Valley Ltd [pdf, 674 KB]

   ...coexist with the ERA provisions. Second issue: has Tranzurban met its obligations under Part 6D? [46] Evidence for the purpose of considering the question of compliance as to Part 6D of the ERA was given by Mr Derbie, and by Ms Renee Snelgrove, Human Resources and Legal Director for the Tranzit Group; that entity has oversight of employment issues as they affect employees of Tranzurban. [47] Mr Derbie also told the Court that his concerns related to shifts that operated between...

3. 2021-03-18 Fish & Game opening subs [pdf, 298 KB]

   ...supportive of the ORC's focus in the hearing to date on ensuring the PC7 provisions work in the most effective and efficient way possible. Efficiency and certainty are key concerns for Fish and Game. It is hoped the Court is live to the very real human/resourcing issues at play for all participants in the plan change. Simply put, there will not be able to be meaningful participation and a robust assessment of effects if the bulk of applications seek to lock in long term conse...

4. {2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay [pdf, 143 KB]

   ...hold in the hope that the conflict could be resolved. She agreed to attend mediation. She asked for a response from Mr McLennan at his earliest convenience. 12 [18] Subsequently, Mr McLennan discussed the information he had obtained with Human Resources (HR) advisors prior to a telephone conversation with Ms Mackay which occurred on 8 August 2014. By then, he had reached preliminary views as to the workplace conflict. These were not explained to Ms Mackay either before or on...

5. ZA v YB LCRO 164/2013 (31 August 2016) [pdf, 93 KB]

   ...Lawyers and Conveyancers Act (Lawyers Conduct and Client Care) Rules 2008. A complaint will be laid with the ADLS. 5 To the extent you harass the writer’s Administrator about it, your discourtesy was in breach of the ordinary duties one human being owes to another. We have herein replied to your communication within one day, which we consider is reasonable. [16] Mr [ZA] emailed NZLS at 5:06pm saying that he wanted to amend his complaint to incorporate his concerns about “...

6. [2020] NZEmpC 165 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [pdf, 294 KB]

   ...November 2017 and settled Ms Makea- Ruawhare’s personal grievance. [10] Ms Makea-Ruawhare attended mediation with Mr Halse and Ms Simpson; Turuki was represented by its Chief Executive, Ms Winiata, and by Ms Ratcliff, who is engaged by Turuki in a human resources consultant role. Mr Anthony Drake, Turuki’s solicitor, also was in attendance. [11] A record of settlement was entered into under which Turuki agreed that it would make certain payments to Ms Makea-Ruawhare or for h...

7. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [pdf, 270 KB]

   ...Even if it does, it is further submitted the Tribunal could uphold a finding of negligence but decide to take no further action. 16 [86] I find that the disciplinary threshold is met. This is not a case of momentary inadvertence or mere excusable human error. It is not a case where different advisers could reasonably interpret the visa condition in different ways. There was a high degree of carelessness. No reasonable adviser should have misunderstood the meaning of the visa con...

8. D-G Conservation - EiC - N R Dunn - Freshwater Ecology (5 Feb 2021) [pdf, 1.2 MB]

   ...consideration of physiological and behavioural effects on fish. 30. I disagree with Dr Allibone (his paragraph 45) that salmonids are the greatest threat to non-diadromous galaxiids. Rather I consider the alteration to the hydrological environment by human activities, in addition to natural flow variation, to be the greatest threat in those catchments containing non-diadromous galaxiids. 31. This is because fish are aquatic vertebrates, requiring aquatic habitat to complete thei...

9. [2020] NZREADT 29 – Molloy v Real Estate Agents Authority (9 July 2020) [pdf, 208 KB]

   ...not the role of an agent to prevent a purchaser from making an offer. [37] Mr Hargreaves further submitted that the Committee’s decision is discriminatory, in breach of s 19(1) of the New Zealand Bill of Rights Act 1990, and s 21(1)(i) of the Human Rights Act 1993, which prohibit discrimination on the grounds of (among other things) age. He submitted that Mr Pallatt was fully competent, and there was no evidence that he was not competent, or even vulnerable. He submitted that...

10. [2018] NZEmpC 19 Kumara Hotel Ltd v McSherry [pdf, 333 KB]

    ...dismissal in the event the employment is terminated. Such trial periods can be particularly important for small and medium sized businesses, as they often face higher recruitment and dismissal costs relative to larger employers who have dedicated human resources departments. Small and medium sized businesses, therefore, face higher risks in taking a chance on a new employee. This Bill will provide opportunities for those who might suffer disadvantage in the labour market, for exampl...