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1. Waitangi Tribunal theme C - Customary land tenure [pdf, 1.2 MB]

   ...sittings and the principles of Maori land tenure 163; The court’s acceptance of relatively thin evidence if the land did not appear to be disputed 167; The resolution of differences, disputes, overlapping rights, and the like, prior to, or during, the investigation of title 168; The difference between land that was disputed and land that was not disputed, and the court’s general inablility to deal with disputed land 173; The fostering of individualistic tendencies in Maori society and the s...

2. OIA-114187.pdf [pdf, 6.2 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 13 September 2024 Our ref: OIA 114187 Tēnā koe Official Information Act request: Policy Programme Thank you for your email of 18 July 2024 requesting under the Official Information Act 1982 (the Act). Specifically, your requested: Copies of the Ministry of Justice Policy Work Programme since 27 November 2023 to date. On 15 August 202

3. Ngati Pahauwera Supplementary Affidavit on behalf of Trustees Exhibits B to H [pdf, 15 MB]

   ...Department of Conservation staff 06 8678531 (DoC) 06 8673464 (home) 2 Murdoch Rd, GISBORNE, or Box 668, GISBORNE (DoC) George Thomson Contract Researcher 06 8376759 RD 4, Mohaka, WAIROA. Ngahiwi Tomoana Kaitakawaenga, Heretaunga Kaunihera 06 8780577 Private Bag 9002, HASTINGS. Warren Gumbley Archaeologist/Heritage Consultant 07 8259933 c/o AB McGillicuddy, Limeworks Loop Rd, RD 5, HAMILTON. Nick Tupara Te Whare Taonga o te Tairawhiti - Gisborne Museum and Arts Centre 06 8673832 P.O....

4. [2010] NZEmpC 72 Horton v Fonterra Cooperative Group Ltd [pdf, 81 KB]

   ...contracted to provide maintenance services to Fonterra at its Whareroa site. He asked who was in charge of iron that had been removed from a cheese cool store roof. He was put through to Peter Jepsen, PAE’s maintenance planner. [6] In a later investigation meeting, held on Wednesday 20 May 2009, there is a record of what Mr Jepsen told Brian Purser, Fonterra’s Maintenance Manager, and Emma Bennett, Fonterra’s Human Resources Adviser on the site, concerning the removal of t...

5. LCRO 20/2020 WD and FJ v EG, SN and PL (7 April 2022) [pdf, 354 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 t...

6. ENVC Hearing 6Oct14 WML rebuttal Maxwell Dunn [pdf, 5.2 MB]

   ...paragraph 238 I state that in my view these effects are ‘no more than minor’ overall because of Mr Pryor’s evidence that they are only ‘more than minor’ from two (2) of seven (7) public viewpoint locations and from one (1) of six (6) private viewpoint locations.2 19. Mr Serjeant incorrectly states in paragraph 46 that my ‘no more than minor’ assessment is based on Mr Pryor’s assessment of four (4) of the thirteen (13) total viewpoint locations being ‘no more t...

7. [2015] NZEmpC 203 Fredericks v VIP Frames and Trusses Ltd [pdf, 206 KB]

   ...[15] Once the accident had occurred, senior employees at VIP, one of whom had previous experience with first aid in the military, arranged to transport Mr Fredericks to hospital. The decision was made that he could be transported to hospital in a private motor car more quickly than waiting for an ambulance. While understandable, in hindsight the decision not to summon an ambulance was inappropriate and breached VIP’s own Health and Safety Policy. It also overlooked the fact tha...

8. LCRO 75/2016 XN and WN v VO (25 February 2019) [pdf, 242 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 t...

9. [2016] NZEmpC 42 ITE v ALA [pdf, 233 KB]

   ITE v ALA NZEmpC AUCKLAND [2016] NZEmpC 42 [15 April 2016] THERE IS AN ORDER PROHIBITING PUBLICATION OF THE NAMES OF THE PARTIES AND ANY INFORMATION LEADING TO THE PARTIES' IDENTITY. IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 42 EMPC 196/2015 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN ITE Plaintiff AND ALA Defendant EMPC 272/2015 IN THE MATTER OF a challenge

10. [2020] NZEmpC 230 Arachchige v Rasier New Zealand Ltd [pdf, 398 KB]

    ...[34] In Aslam, the most recent UK case, the Uber driver was found to be a “worker” by the Employment Tribunal, affirmed by the Court of Appeal. The driver was not found to be an employee.15 [35] One of the key factors in Aslam was that the private hire vehicle licence was held by Uber UK, not the driver. That contrasts with Mr Arachchige, who holds the necessary transport service licence. Nevertheless, Mr Arachchige points to other factors the UK Employment Tribunal conside...