Search Results

1. [2023] NZEmpC 209 Osborne v Callaghan Innovation [pdf, 239 KB]

   ...one. Defendant’s submissions [21] Mr Chemis made three broad submissions: (a) under s 187(1) of the Act, the Court is confined to hearing elections to challenge determinations made under s 179; (b) the five causes of action were not about matters determined by the Authority and, therefore, the Court has no jurisdiction to consider them; and (c) the only jurisdiction the Court has is to hear that part of the challenge in paragraph [3] of the second amended statement of claim...

2. [2008] NZEmpC CC 8/08 Butcher V OCS Ltd [pdf, 80 KB]

   BUTCHER V OCS LTD CHCH CC 8/08 16 July 2008 IN THE EMPLOYMENT COURT CHRISTCHURCH CC 8/08 CRC 3/08 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN HARRY BUTCHER Plaintiff AND OCS LTD Defendant Hearing: 11 June 2008 (Heard at Christchurch) Appearances: Tim Oldfield, Counsel for Plaintiff Paul McBride, Counsel for Defendant Judgment: 16 July 2008 JUDGMENT OF JUDGE B S TRAVIS [1] The issue in...

3. Coote - Estate of Shirley Dawn Quinn (2013) 2013 Chief Judge's MB 1018 (2013 CJ 1018) [pdf, 228 KB]

   IN THE MĀORI LAND COURT OF NEW ZEALAND TE WAIPOUNAMU DISTRICT A20100013088 2013 Chief Judge's MB 1018 (2013 CJ 1018) UNDER Section 45, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Shirley Dawn Quinn and a succession order made at 124 South Island MB 224-228 on 5 June 2008 relating to Titi Islands BETWEEN ROBERT TAWHIRI COOTE Applicant Hearing: 22 August 2013 (Heard at Invercargill) Judgment: 06 December 2013...

4. [2014] NZEmpC 224 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 167 KB]

   SHABEENA SHAREEN NISHA (NISHA ALIM) v LSG SKY CHEFS NEW ZEALAND LIMITED NZEmpC AUCKLAND [2014] NZEmpC 224 [4 December 2014] IN THE EMPLOYMENT COURT AUCKLAND [2014] NZEmpC 224 ARC 22/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for further and better disclosure of documents BETWEEN SHABEENA SHAREEN NISHA (NISHA ALIM) Plaintiff AND LSG SKY CHEFS NEW...

5. [2019] NZEmpC 123 Elisara v Allianz New Zealand Ltd [pdf, 319 KB]

   ...representative with him to the meeting. At the outset of the meeting Mr Hosking reiterated that the purpose of the meeting was to consider Mr Elisara’s response and that a possible outcome was termination of employment due to the seriousness of the matters raised. Mr Elisara confirmed that he understood the gravity of the situation. In essence, he said that he was unaware that two of the underwriters that were involved in securing the Prime Account had not followed the correct...

6. The sex industry in New Zealand: a literature review [pdf, 470 KB]

   ...such as male sex workers, clients of sex workers and drug use amongst sex workers. The review provides information that will help inform the Prostitution Law Review Committee, which is charged with reviewing the operation of the Act and related matters. The Prostitution Law Review Committee was established by the Act. It is an 11 member Committee appointed by the Minister of Justice. The Committee is required to produce two reports on the review of the operation of the Act. The f...

7. [2006] NZEmpC WC 11/06 Tamarua v Toll Tranzlink Ltd [pdf, 32 KB]

   ...the wrong test for justification was applied by the Authority. He therefore has a realistic prospect of success on the challenge which he should not be denied by virtue of a very short delay in filing the challenge. It is in the interests of justice that he be granted leave. [25] The application is granted. Mr Tamarua now has leave to file his statement of claim. The filing fee will need to be paid before the challenge can be advanced. The time for filing a statement...

8. QA v IZ & Anor LCRO 219/2014 (31 March 2015) [pdf, 37 KB]

   ...brought to the attention of Mr QA? 2) Was the application and fee received and lodged by the LCRO within the statutory period. [11] Mr QA raises a number of other submissions which I have considered. Those submissions in large part address matters relating to argument as to the registry hours of the LCRO office, and discussion as to the definition of a working day. I do not consider it necessary to address all matters raised in this brief decision. When was the determination ser...

9. BORA Walking Access Bill [pdf, 304 KB]

   ...$10,000 for a mens rea offence under clause 59. Given the nature of the offences in question, the penalty level appears to be consistent with strict liability. Strict liability offences can also be justified where the offence turns on a particular matter that is peculiarly within the knowledge of the defendant. In the situations described in clause 57, the defendant will generally be able to make out a reasonable excuse more easily than the Crown could prove the opposite (for example w...

10. BORA Conservation (Natural Heritage Protection) Bill [pdf, 311 KB]

    ...protected wildlife, it is essential to have an effective enforcement regime in place. Ability of the defendant to exonerate themselves 12. Strict liability or a reversal of the onus of proof can also be justified where the offence turns on a matter that is particularly within the knowledge of the defendant. In such cases, it is easier for the defendant to explain why he or she took (or failed to take) a particular course of action than it is for the Crown to prove the opposite....