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  1. [2006] NZEmpC AC 50/06 Tu'itupou v Guardian Healthcare Operations Ltd [pdf, 134 KB]

    ...Mrs Tu’itupou says that she was treated rudely by her employer and accused of lying in alleging that a fellow worker had abused a patient. On 13 June 2002 Mrs Tu’itupou was dismissed for alleged sleeping while on duty. Incidental to these matters and no doubt likely to be canvassed in detail if the case proceeds, is a complaint and subsequent successful criminal prosecution against the person Mrs Tu’itupou accused of abusing a patient. [7] The present argument arises primari...

  2. [2021] NZEmpC 101 A Labour Inspector v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant [pdf, 134 KB]

    ...LIMITED TRADING AS ROYAL CAMBRIDGE INDIAN RESTAURANT [2021] NZEmpC 101 [6 July 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2021] NZEmpC 101 EMPC 450/2019 IN THE MATTER OF applications for the exercise of powers under Part 9A of the Employment Relations Act 2000 AND IN THE MATTER OF an application for discovery against non- parties BETWEEN A LABOUR INSPECTOR OF THE MINISTR...

  3. [2024] NZEnvC 095 New Plymouth Pistol Club v New Plymouth District Council [pdf, 163 KB]

    ...balancing of matters to be considered prior to a substantive hearing, I am not minded to grant Mr Phillips’ request in full pending resolution of the appeal. In the present circumstances, I consider that the orderly and fair administration of justice requires that access to documents be limited. [11] The Court notes for completeness that no submissions and/or evidence have been filed in relation these proceedings as the matter has not been timetabled toward a substantive hearing...

  4. BORA Manukau City Council (Control of Street Prostitution) Bill [pdf, 417 KB]

    ...case, which stated: Freedom of expression constitutes one of the essential foundations of a democratic society...it is applicable not only to 'information' or 'ideas' that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock, or disturb.[6] 9. The Supreme Court of Canada has held that certain types of communications associated with street prostitution are protected by the right to freedom of expressio...

  5. DF Ltd v TS Ltd [2021] NZDT 1315 (21 April 2021) [pdf, 233 KB]

    ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

  6. [2021] NZEmpC 180 Scullin v Airways Corp of New Zealand Ltd [pdf, 218 KB]

    ...(a) Whether there is an arguable case or, put another way, is there a serious question to be tried such that the claim is not vexatious or frivolous? (b) Where does the balance of convenience lie? (c) What is required by the overall interests of justice? 2 Employment Relations Act 2000, s 127(4). 3 Employment Relations Act 2000, s 3(a). 4 NZ Tax Refunds Ltd v Brooks Homes Ltd [2013] NZCA 90, (2013) 13 TCLR 531 at [12]; Western Bay of Plenty District Council v McInnes [20...

  7. [2022] NZREADT 10 – HD v REAA and LD (18 May 2022) [pdf, 216 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2022] NZREADT 10 Reference No: READT 037/2021 IN THE MATTER OF An appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN HD Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 2102) First Respondent AND LD Second Respondent Tribunal: D J Plunkett (Chair) G Denley (Member) F Mathieson (Member) Representation: The appellant: Self-represented Counsel for...

  8. TB v X Ltd [2022] NZDT 133 (25 August 2022) [pdf, 135 KB]

    ...an Order requiring one party to pay the other party a sum of money which it sees as being just in the circumstances. Section 45 of the CCLA provides that when deciding what Order to make under Section 43, the Tribunal must have regard to various matters, including (but not limited to) any expenditure incurred by a party in, or for the purpose of, performing the contract and any other matters that it thinks are proper. 16. The parties agreed that the deposit of $1,178.75, which was paid b...