Search Results

1. [2019] NZEmpC 20 Jacks Hardware and Timber Ltd v First Union Inc [pdf, 537 KB]

   ...Plaintiff AND FIRST UNION INCORPORATED Defendant Hearing: 15 and 16 August 2018 (Heard at Dunedin) Appearances: P Wicks QC and R Upton, counsel for plaintiff P Cranney and O Christeller, counsel for defendant Judgment: 28 February 2019 JUDGMENT OF JUDGE K G SMITH [1] On 18 October 2013, First Union Inc initiated bargaining for a collective agreement with Jacks Hardware and Timber Ltd. Despite the passage of time since then a...

2. Gamble - Hopa Heremaia Trust [2021] Chief Judges MB 18 (2021 CJ 18) [pdf, 353 KB]

   ...necessary in the interests of justice to remedy the mistake or omission. [5] The principles that are applied to s 45 decisions have been previously set out in numerous decisions made by the Chief Judge and myself. These are to be found in the judgments Ashwell - Rawinia or Lavinia Ashwell (nee Russell)2 and in Tau v Nga Whanau 1 2020 Chief Judge’s MB 161 (2020 CJ 161). 2 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 2021 Chief Judge’s MB 36 O Morven & Glenav...

3. [2022] NZEmpC 4 Chief of the New Zealand Defence Force v Darnley [pdf, 401 KB]

   ...29–30 April and 26 May 2021 and further submissions filed on 14 and 18 June 2021 (Heard at Wellington) Appearances: J Boyle, and C Mao (on 29-30 April 2021), counsel for plaintiff P McKenzie-Bridle, counsel for defendant Judgment: 20 January 2022 Reissued: 30 March 2022 JUDGMENT OF JUDGE KATHRYN BECK [1] The Chief of New Zealand Defence Force (NZDF) challenges a determination of the Employment Relations Authority which found that the defe...

4. Z v Secretary for Justice [2023] NZRA 001 (28 March 2023) [pdf, 306 KB]

   ...for Justice, above note 7. 17 [75] In J v Secretary for Justice,19 the Authority noted that there are no prescribed requirements for assessing the skill and competence of an applicant. The assessment therefore involves an exercise of judgement by the decision-maker.20 The Authority noted some considerations that may inform the exercise of that judgement – the length of time the applicant has been involved in the relevant category, the existence or otherwise of complai...

5. Randle v Accident Compensation Corporation (Claim for cover) [2024] NZACC 131 [pdf, 301 KB]

   ...Guidelines. [4] Mr Randle emphasised the points in his Notice of Appeal and written submissions that the reported accounts of the circumstances of the accident on 23 December 2021 and his injury were mis-recorded and loaded with a series of value judgments. Mr Randle explained the claim form was prepared by his GP without his knowledge. This form, together with the initial cover assessment completed by a cover assessor were then relied on in the analysis of medical practitioners i...

6. Waitangi Tribunal theme D - Crown's right of preemption [pdf, 4.2 MB]

   " , I i I " ,: I i, I ; I , i i , I , , i ' \ ~ " I I, i : I , I : i I ' i ! I ; I RANGAHAUA WHANUI NATIONAL THEME D THE CROWN'S RIGHT OF PRE-EMPTION AND FITZROY'S WAIVER PURCHASES ROSE DAAMEN 'AUGUST 1998 FIRST RELEASE WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other Rangahaua Whanui reports District reports District 1: Auckland (pt I), R Daamen, P Hamer, and Dr B Rigby; (pt 11), M Belgrave Distri

7. AMLCFT Statutory Review Consultation Document [pdf, 1.2 MB]

   - Review of the AML/CFT Act Consultation Document Ministry of Justice October 2021 Important notice The opinions contained in this document are those of the Ministry of Justice and do not reflect official government policy. Readers are advised to seek specific legal advice from a qualified professional person before undertaking any action in reliance on the contents of this publication. The contents of this discussion document must not be con

8. [2007] NZEmpC CC 5/07 Reynolds v Burgess [pdf, 116 KB]

   ...Employment Relations Authority BETWEEN FRANCESCA REYNOLDS Plaintiff AND DEBORAH JANE BURGESS Defendant Hearing: 19 and 20 June 2006 (Heard at Christchurch) Appearances: Francesca Reynolds, In person Grant Slevin, Counsel for Defendant Judgment: 2 March 2007 JUDGMENT OF JUDGE A A COUCH [1] Ms Reynolds operates a business known as Eftpos Easy and Cash Register Hire. Over the last several years, two companies have traded under that name: Shelton Holdings L...

9. Waitangi Tribunal - District 13 Part 2 Northern South Island [pdf, 1.1 MB]

   RA N G A H A U A WH A N U I DI S T R I C T 13 THE NORTHERN SOUTH ISLAND DR G A PHILLIPSON PA R T I I OC T O B E R 1996 WO R K I N G PA P E R : FI R S T RE L E A S E WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other reports in the Rangahaua Whanui Series available: District 1: Auckland, R Daamen, P Hamer, and B Rigby District 7: The Volcanic Plateau, B J Bargh District 9: The Whanganui District, S Cross and B Bargh District 11a: Wairarapa, P Goldsmith District 11b: Hawke’s Bay, D Cowi

10. M D Cottle Family Trust & Anor v CAC 20002 & Anor [2014] NZREADT 91 [pdf, 74 KB]

    ...complainants to particularise complaints so as to point to specific provisions of the Act and/or Rules allegedly breached. [11] In Wyatt v REAA and Barfoot & Thompson Ltd, [2012] NZHC 2550, the High Court held (per Woodhouse J): “[50] In my judgment the Tribunal was correct when it observed, in effect, that the enquiry on a complaint is not limited to individual paragraphs in s 72. In this case the enquiry can include the question raised by paragraph (a) as to whether the work...