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1. Otago Standards Committee v Davidson [2012] NZLCDT 39 [pdf, 160 KB]

   ...record prior to this unfortunate event, which is why we propose suspension, rather than striking off. [32] We also appreciate that there are personal and professional factors that should be taken into account for Ms Davidson, but they are matters that mitigate the length of suspension in this case, not the fact of suspension, given the gravity of the conduct. [33] As was said in Bolton:7 “Because orders made by the Tribunal are not primarily punitive, it follows th...

2. [2011] NZEmpC 143 NZ Meat Workers & Related Trades Union Inc v CMP Rangitikei Ltd [pdf, 113 KB]

   ...employees now but where it may be able to establish that this has been lawful all along? Finally, the remedy of injunction being discretionary, the Court must stand back from the detail of the first two tests and determine whether the overall justice of the case at this stage requires that an injunction be issued. [5] CMP Rangitikei Limited (CMPRL) operates a meat processing plant at Greatford near Marton. Among its workforce are members of the NZ Meat Workers & Related Trad...

3. [2010] NZEmpC 12 NZ Tramways & Public Passengers Transport Employees' Union Inc v Wellington City Transport Limited [pdf, 48 KB]

   ...applicable to all workers” includes cl 73 (“COURT ATTENDANCE”) as follows: The employer shall grant time off on ordinary pay for the period of absence of any employee required to be on jury service, a subpoenaed witness, or to attend at court on matters connected with their employment, provided that any fees (excluding reimbursement payments) paid to the employee shall be handed to the employer. [16] The phrase “to attend at court on matters connected with their employment”...

4. BORA Heritage New Zealand Pouhere Taonga Bill [pdf, 418 KB]

   ...view in the exercise of its powers and functions • develop its own iwi and other consultative and reporting processes and to recommend such processes for adoption by the Board and staff of Heritage New Zealand Pouhere Taonga when dealing with matters of interest to Māori • make recommendations to Heritage New Zealand Pouhere Taonga on applications referred by Heritage New Zealand Pouhere Taonga under section 47(1)(b) that relate to sites of interest to Māori • consider and...

5. LCRO 24/2019 UC v SO (30 September 2020) [pdf, 156 KB]

   ...email to Mr SO (18 March 2016). 6 This quotation is exactly as set out in Ms PT’s email. 3 (i) He handed to Ms PT at Mr UC’s office a memory stick containing information relating to the charge he faced together with unrelated personal matters and despite repeated requests they have not returned it; and (ii) the lawyers took $1,500 from him on account of fees and did not give him a receipt, nor render an invoice. Response to the complaint [10] In his response to the co...

6. LCRO 164/2019 SM v NL (25 June 2020) [pdf, 150 KB]

   ...involvement with Mr SM since the termination of the retainer around November 2011; and (c) Mr SM had not raised concerns that Mr NL was conflicted when representing the party who had commenced the DVA proceedings against Mr SM; and (d) the DVA matters on which he had been instructed, were irrelevant to any work undertaken by him for Mr SM in the past. [12] The Standards Committee identified what it described as the key issue for its investigation as being a consideration as to w...

7. Brown v Progressive Enterprises Ltd (Strike-Out) [2024] NZHRRT 10 [pdf, 207 KB]

   ...application.3 It is apparent from these documents that he opposes his claim being struck out and considers it unjust for the strike-out application to be determined on the papers.4 However, Mr Brown’s submissions do not otherwise address any matters of substance that are relevant to whether his claim should be struck out on the basis it discloses no reasonable cause of action and do not clarify the prohibited ground of discrimination on which he relies. Rather, Mr Brown’s sub...

8. [2015] NZEmpC 41 Denyer v Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre [pdf, 185 KB]

   ...LABOUR INSPECTOR v PETER REYNOLDS MECHANICAL LIMITED TRADING AS THE ITALIAN JOB SERVICE CENTRE NZEmpC AUCKLAND [2015] NZEmpC 41 [31 March 2015] IN THE EMPLOYMENT COURT AUCKLAND [2015] NZEmpC 41 EMPC 220/2014 ARC 46/14 IN THE MATTER OF a rehearing AND IN THE MATTER of an application for penalty for breach of compliance order BETWEEN JAMES DENYER, LABOUR INSPECTOR Plaintiff AND PETER REYNOLDS MECHANICAL LIMITED TRADING AS THE I...

9. AF v GJ LCRO 9/2012 (6 November 2015) [pdf, 88 KB]

   ...been properly dealt with by the Disputes Tribunal. The issues with which I am concerned, which were raised by Mr OM in the complaint to the Complaints Service, but which the Committee did not address, relate to Mr GJ’s conduct in relation to the matters referred to by me in the letter. [28] Mr BT responded to that letter8 [29] This claim is somewhat incompatible with Mr BT’s subsequent submission that Mr GJ was involved in a personal commercial activity. and referred to the f...

10. [2019] NZEnvC 141 SKP Incorporated v Auckland Council [pdf, 13 MB]

    ...Trust") was not the mandated authority to speak for Ngati Paoa; and that therefore the position of Ngati Paoa was not accurately provided to the Court in evidence. Further, that findings on cultural values could affect consideration of other matters such as landscape values, ecology and social effects. [4] The application for rehearing was supported by two affidavits, one on behalf of the previous appellant, and the other for Trust Board. [5] There have been several affidavits...