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...appropriate having regard to a number of allegedly aggravating 1 [2013] NZEmpC 135. 2 [2012] NZERA Auckland 246. factors. The defendant also seeks costs in relation to the Authority’s investigation meeting, in the sum of $1,500, disbursements of $109.36, and an award of interest. [3] Mr Singh, counsel for the plaintiff, submits that no costs should be awarded in relation to the Authority’s investigation as no or...
...interviewed. She understands that the licensees relied on two factors to make the submission that the complainants were interviewed. [a] First, there is a line at [1.3] of the Committee’s unsatisfactory conduct decision which states: “After further investigation, the Committee considered further evidence gathered on 11 February 2013”. Counsel for the licensees understood that to mean that there was further evidence gathered on 11 February 2013 that the licensees were not priv...
...ruling and a determination following an investigation. It is tolerably clear that what the Court was referring to was a substantive determination of the employment relationship problem. [44] Mr Oldfield submitted that s 179(5) constitutes a privative provision and accordingly ought to be construed restrictively. I do not agree. A privative provision is generally one that ousts a right of appeal or review. By contrast, s 179(5) simply operates to regulate, by deferring, the...
...Galashiels did not warrant further attention. It considered that there was nothing objectionable in Mr Galashiels calling the police in the circumstances. It considered that there were no consumer protection or public interest concerns that warranted investigating the complaint further. [4] Mr Denbighshire sought a review of that decision. Relevance of wider matters [5] Mr Denbighshire submits that this matter should be considered in light of the fact that the Auckland Standards...
...If that remains the case once all further written submissions have been filed, then it will be a straightforward matter to confirm in my final decision on scope, that those particular issues will be carried through and be subject to such further investigation as may be needed, potentially including at an inquest hearing, as the inquiry progresses. [15] A number of submissions filed urged the adjournment of the Scope Hearing because of the stated need to receive information about, a...
...(including its consequential amendments) is repealed on 21 November 2021 at the closure of APEC. Powers to close places, transport routes, and airspace Closure of places 13. The Bill provides for the planned closure of public and private places. The Commissioner may close a public place (cl 47) or a private place (cl 48) on any day during the three- week long leaders’ event period in November 2021. To do so, the Commissioner must reasonably believe that the closure i...
...REASONS OF THE COURT (Given by Chambers J) Application for review of Employment Court decision [1] Jonathan Parker, the applicant, worked for Silver Fern Farms Ltd, the first respondent, 1 at its Oringi works. On 31 October 2007, a private investigator employed by Silver Fern found cannabis in Mr Parker’s car. Mr Parker left the works before Silver Fern’s enquiries could proceed. This was despite Silver Fern’s request that he stay on site and the union representa...
...justice and that the Authority acted in bad faith.3 [4] The statements in the published determination that Ms Fechney objects to comprise: (a) “Further delays were caused by GF’s representative disclosing additional information after the investigation closed and a dispute over its admissibility and, issues over a breach of the non-publication order that identified Customs and details of the dispute on a “Givealittle” web 1 GF v New Zealand Customs Service [2021] N...
...Phone (04) 570 1444 Fax (04) 570 4600 www.gns.cri.nz National Isotope Centre 30 Gracefield Road Lower Hutt 5010 PO Box 30368 Lower Hutt 5040 Wairakei Research Centre 114 Karetoto Road, RD4 Taupo 3384 Private Bag 2000 Taupo 3352 Dunedin Research Centre 764 Cumberland Road Dunedin 9016 Private Bag 1930 Dunedin 9054 http://www.gns.cri.nz/ 12 Auckland Research Centre Level 2, 12 Madden Street Wynyard Qu...
...for a test drive means that she was not induced into the contract by anything said in the advertisement. Inducement is a necessary condition for the remedy of damages for misrepresentation to be awarded. The advertisement merely induced her to investigate further and do her own checks on the car. This is, unfortunately for CO, an example of a “buyer beware” situation. [13] For all the reasons above, no remedy is available to CO and the claim is dismissed.