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1. [2015] NZEmpC 104 Shanmuganathan v PowerNet Ltd [pdf, 235 KB]

   ...completed the self-assessment section of the performance documentation and that you do as quickly as possible and that I would schedule another time to complete the review. … [23] After meeting with Mr Pritchard, Mr Shanmuganathan spoke to the Human Resources (HR) Manager, Ms Hazlett; he wanted to confirm whether he had to complete the self-assessment document, and he showed her the unsent email. She told him the instruction to complete the self-assessment document was reaso...

2. Geldenhuys v C Yap [2013] NZIACDT 27 (12 April 2013) [pdf, 207 KB]

   ...complaint being upheld without necessarily imposing a sanction. It follows that it is not necessary to find that a disciplinary sanction should be imposed to uphold a complaint. It is important to recognise that not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. There will be occasions when advisers are responsible for a lapse from acceptable standards, but that still does not justify upholding a disciplinary complaint. [...

3. [2018] NZEnvC 085 Glencoe Land (Joint Venture) Limited v Queenstown Lakes District Council [pdf, 6.5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [20181 NZEnvC 85 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act GLENCOE LAND (JOINT VENUTRE) LIMITED (ENV-2017 -CHC-000041) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson (Sitting alone under section 279 RMA) Hearing: On the papers Counsel: J Macdonald for Glencoe Land (Joint Ventu

4. Walker v Flight - Waipapa 1D 2B 3B (2016) 352 Aotea MB 211 (352 AOT 211) [pdf, 263 KB]

   352 Aotea MB 211 IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20140011624 UNDER Section 19 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Waipapa 1D 2B 3B BETWEEN AMY AMIRIA WALKER, DAVID TE RAWHITI FLIGHT, KATARAINA KATHLEEN PITIROI, RAWIRI CHARLES HEREMAIA, SHARON MATEWAI FLETCHER and TE MIHIATA KEITA HAKIWAI-WHAANGA as TRUSTEES OF WAIPAPA AND TOKAANU MᾹORI LANDS TRUST Applicants AND LESLIE ERLE FLIGHT Respondent H

5. [2019] NZEmpC 40 Berry v The Chief Executive of the Ministry of Business, Innovation and Employment [pdf, 328 KB]

   ...indicated. Ms Lakeman, in her brief, states that the fact that the complaint was not made about a MBIE staff member but about a third party over whom MBIE did not have any employment jurisdiction made the situation more unusual than a normal internal human resources complaint. She indicated correctly that MBIE could not just launch an investigation as it might do in relation to an issue between two of its own staff. She therefore considered that any decision as to how to proceed...

6. Haydyn du Fresne v CAC 406, Watkins & Fitzsimons [2019] NZREADT 6 (11 Feb 2019) [pdf, 274 KB]

   ...view, the obligation of the agent is not an unconditional one to be available each and every day of the period of the retainer and at any time of day for communications with the principal. [40] It is necessary to bear in mind that licensees are human and that from time to time they will become unwell. The non-availability of the agent in this case did not in our view reach the point where he ought to have relinquished the agency. The appellant has not satisfied us that there i...

7. LCRO 28/2017 HK v TX (31 May 2019) [pdf, 205 KB]

   ...[97] Of relevance to this review, are rr 3.1, 8, 5.1 and 10 of the Rules. [98] Rule 3.1 provides that a lawyer must at all times treat a client with respect and courtesy and must not act in a discriminatory manner in contravention of s 21 of the Human Rights Act 1993. 6 Duncan Webb, Kathryn Dalziel and Kerry Cook Ethics, professional responsibility and the lawyer (3rd ed, LexisNexis, Wellington, 2016) at 150. 15 [99] Rule 5.1 recor...

8. [2016] NZEmpC 135 Nathan v Broadspectrum [pdf, 180 KB]

   ...necessarily involved being able to work on lines for Wellington Cable in the future. Broadspectrum was prepared to reinstate Mr Nathan but was not prepared to agree to him returning to Glover Street. [29] As Ms Manning, Broadspectrum’s Regional Human Resources Manager, explained in her evidence to the Court, the company decided on a tactical response to overcome this impasse. On the resumption of the investigation meeting it made the proposal referred to earlier, subject t...

9. Guide to the Draft Exposure Cannabis Legalisation and Control Bill [pdf, 1.3 MB]

   ...available All licensed cannabis edibles would be subject to existing safety and suitability requirements for food that are applied by regulations to cannabis edibles (section 207). This will help ensure that cannabis edibles are safe and suitable for human consumption. Other proposed restrictions on cannabis edibles include: • restricting permitted cannabis edibles to baked, ready-to-eat products • prohibiting products requiring refrigeration or heating • prohibiting the additi...

10. LCRO 191/2019 UY v FB (26 November 2020) [pdf, 266 KB]

    ...his understanding of the computer system that Ms FB was operating, his request that Ms FB be required to provide specific details of the software she was operating, all proceed from argument that technical analysis can eliminate possibility of human error. [158] It is an approach which might be appropriate in circumstances where there is allegation of fraudulent conduct that demands and justifies a sophisticated forensic examination, for example in circumstances where there is need...