Search Results

1. [2007] NZEmpC WC 1/07 Hunter v National Institute of Water and Atmospheric Research Ltd [pdf, 49 KB]

   ...by the Authority. The Authority she advised has agreed to accord urgency to the application and Mr Hunter has access to accumulated annual leave of 38.5 days to tide him over in the interim. [10] Ms Shaw submitted that in respect of the overall justice of the matter the application should be refused. Mr Hunter could have acted more promptly, that redeployment could have been a possibility had he done so and that he knew his sick leave entitlements were due to end on 17 January 200...

2. [2021] NZEmpC 83 Humphrey v Canterbury District Health Board [pdf, 128 KB]

   ...the public has, and needs to have, in that DHB team will be undermined at what was described as a critical time during the COVID pandemic. [5] Counsel for Dr Humphry, Ms Heaton, took a more or less neutral position. The desirability of open justice and the public interest in fair and balanced reporting was accepted. While Dr Humphrey did not oppose the application, he acknowledged the possibility that filming his colleagues may cause them undesirable anxiety and distress that wo...

3. [2020] NZEmpC 195 NewZealand Fusion International Ltd (in administration) v A Labour Inspector of the Ministry of Business, Innovation and Employment [pdf, 240 KB]

   ...3.7 Accordingly, the appropriate way to deal with this matter is by way of appeal. [11] In an affidavit affirmed on 2 July 2020 and filed with the Court on 3 July 2020 Melissa Ann MacRury, a Labour Inspector, responded to the further matters which were contained as grounds in the affidavits of Ms Guan and Mr Lyttelton. She set out evidence as to why the respondent does not accept the contention that the employees in the present case were volunteers or that the Labour Insp...

4. [2019] NZEmpC 80 Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd [pdf, 240 KB]

   ...Postal Workers Union filed two separate statements of problem in the Employment Relations Authority (the Authority) covering the overtime dispute and the availability dispute. The Authority determined (with the parties’ agreement) that the two matters should be heard together because of the overlap in the subject matter and the commonality of the clauses in the collective agreement that were in issue. [5] The overtime dispute concerns the interpretation of the delivery agent ov...

5. OIA-111634.pdf [pdf, 2.3 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 20 June 2024 Our ref: OIA 111634 Tēnā koe Official Information Act request: Age of criminal responsibility Thank you for your email of 23 April 2024, requesting, under the Official Information Act 1982 (the Act), documents about the age of criminal responsibility. Specifically, you requested: … all briefings or Cabinet papers...

6. Ellis — Matapihi No 1 B No 2C No 2D (2010) 2010 Chief Judge’s MB 25 (2010 CJ 25) [pdf, 124 KB]

   ...Māori Act 1993 if the Chief Judge is satisfied that a mistake or omission has been made by the Court or in the presentation of the facts the Chief Judge is able to cancel or amend the Order or make such other Order as is necessary in the interests of justice to remedy the mistake or omission. In this case remedy against the land would necessarily involve the interests of third parties, and as the land is General land there would also be some jurisdictional difficulties. However, under...

7. [2019] NZEmpC 188 A Labour Inspector of Ministry of Business Innovation and Employment v Jeet Holdings Ltd [pdf, 148 KB]

   ...example Labour Inspector v Taste of Egypt Ltd [2016] NZEmpC 31, [2016] ERNZ 309 at [13]-[23], citing Mareva Compania Naviera SA v International Bulkcarriers SA [1980] 1 All ER 213 (EWCA). (d) That the balance of convenience and interests of justice require the order to be granted. In making this assessment, the Court will need to consider any potential defence which a defendant may have. The issue of an undertaking as to damages from the plaintiff also requires considera...

8. Mansfield v Southwell LCRO 199 / 2010 (8 September 2010) [pdf, 133 KB]

   ...acted for her former business partner, T, in respect of a business restructuring, and subsequently enforcing personal securities given by the Applicant for advances given by T. The Practitioner had previously acted for the Applicant is several matters. The Applicant and T had been former partners in the business and personal sense. The complaints mainly involved allegations by the Applicant against the Practitioner of conflict of interest and perverting the course of justice....

9. Te Korowai Tiaki o Te Hauāuru Incorporated Society v Te Rūnanga o Ngāti Tama Trust (2019) 407 Aotea MB 47 (407 AOT 47) [pdf, 319 KB]

   ...Refunds Ltd v Brooks Homes Ltd [2013] NZCA 90, (2013) 13 TCLR 531 at [12]. 407 Aotea MB 51 (a) whether the applicant can show there is a serious question to be tried; (b) the balance of convenience between the parties; and (c) the overall justice of the case. [14] This approach has been followed in this Court.6 I adopt this approach also. Submissions by Te Korowai [15] Mr Pou submitted that this Court has jurisdiction over the Trust. He argued the Trust was constitute...

10. [2019] NZEmpC 166 GEA Process Engineering Ltd v Schicker [pdf, 216 KB]

    ...GEA PROCESS ENGINEERING LIMITED v TONY SCHICKER [2019] NZEmpC 166 [18 November 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 166 EMPC 195/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN GEA PROCESS ENGINEERING LIMITED Plaintiff AND TONY SCHICKER Defendant Hearing: 15 April 2019 (Heard at Aucklan...