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1. Judicial papers and speeches

   ...by Judge Joanna Holden to The University of Auckland - Employment Law Class, 26 May 2022 The Challenges in Front of Us A presentation by Judge Joanna Holden to The University of Waikato - Employment Law Class, 1 October 2021 Some Do's and Do Nots for Investigators A presentation by Judge Bruce Corkill to the Australasian Association of Workplace Investigators Conference, 10 September 2021 The Engine Room of Employment Dispute Resolution in Aotearoa: Mediation Services The Context in Which it Si...

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2. [2011] NZEmpC 43 Hally Labels Ltd v Powell [pdf, 165 KB]

   ...Judgment: 13 May 2011 ORAL JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff has challenged the Employment Relations Authority’s refusal to grant it an interim injunction restraining the defendant from competing with it. The Authority will be investigating the substantive matter on 26 May 2011. The interim injunction is being sought to uphold a restraint contained in an employment agreement made on 11 May 2010, which contained the following clause: 9.0 Restraint on post-em...

3. [2014] NZEmpC 208 Hayne v ASG [pdf, 162 KB]

   ...or management personnel, on a confidential basis. [4] The Deputy Proctor accordingly provided the information he had heard in Court to the Proctor, the appropriate Divisional HR Manager and ASG’s immediate supervisor. It was decided that an investigation should be commenced, and this occurred on 19 June 2013. ASG was suspended for its duration. ASG was represented for those purposes by his Union, the New Zealand Tertiary Education Union (TEU). On legal advice, the TEU contende...

4. McIntyre v CAC 20003 & Anor [2014] NZREADT 26 [pdf, 158 KB]

   ...listings on websites and other media when authority no longer existed to advertise the properties, and where Ms Fielding’s name was associated with the advertisements after she had left the agency. [4] Accordingly, the Authority undertook a further investigation into the complainant. In the course of dealing with that, the Committee investigated 11 other properties. [5] On 8 March 2013 the Committee issued a decision in which it found that the licensee had engaged in unsatisfactor...

5. M D Cottle Family Trust & Anor v CAC 20002 & Anor [2014] NZREADT 91 [pdf, 74 KB]

   ...Committee deciding matters they may have no jurisdiction in. • There may be others.” [31] There are further careful submissions for the complainants which are generally rather puzzling and, likely, fanciful. They submit that there are grounds to investigate the Authority to establish if it knowingly suppressed the unlicensed status from them and the Committee. A belief is expressed for the complainants that there are grounds to investigate whether the Authority has attempted to p...

6. Chalecki v ACC [2012] NZACA 16 [pdf, 67 KB]

   ...[8] The evidence shows that the correct amount of the appellant’s RE was the subject of discussion and correspondence with the Corporation from at least as far back as 1993, and that on 12 May 1993, the Corporation agreed to review his file and investigate the correctness of the original decision, and to keep the appellant fully informed at all times. [9] Nothing appears to have been done regarding the investigation, although there was apparently correspondence concerning the matter...

7. AMLCFT Statutory Review Consultation Document [pdf, 1.2 MB]

   - Review of the AML/CFT Act Consultation Document Ministry of Justice October 2021 Important notice The opinions contained in this document are those of the Ministry of Justice and do not reflect official government policy. Readers are advised to seek specific legal advice from a qualified professional person before undertaking any action in reliance on the contents of this publication. The contents of this discussion document must not be con

8. [2019] NZEmpC 192 Johnson v Chief of the New Zealand Defence Force [pdf, 394 KB]

   ...light of his contention that the NZDF inquiry had been flawed, as was the conclusion it was very likely he had sent the email; he contended NZDF’s unjustified actions had led it to lose trust in him, and to impose a warning. [4] Following an investigation of Mr Johnson’s grievance, the Employment Relations Authority dismissed his personal grievance.1 [5] He brought a challenge to the Authority’s determination, repeating his claim that he had been unjustifiably disadvantage...

9. LCRO 25/2016 RZ v LB [pdf, 229 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader th...

10. [2013] NZEmpC 246 Dunn v Waitemata DHB [pdf, 147 KB]

    ...the papers filed. On 18 December 2012, the Authority issued a determination 1 ruling that Mr Dunn did not raise a personal grievance in respect of the dismissal within the 90-day period and therefore it did not have jurisdiction to pursue its investigation further. Costs were reserved. [4] Mr Dunn has filed a challenge to the Authority’s determination and seeks a hearing de novo. As the two disadvantage grievances had already been withdrawn, the determination of the Authority...