Search Results

1. [2019] NZEmpC 12 A Labour Inspector v Daleson Investment Ltd [pdf, 376 KB]

   ...payment of sums owed is evidence of contrition … Belatedly doing what the law required to be done at an earlier time amounts to no more than the late performance of a duty. [34] It goes without saying that the Labour Inspector does not have the resources to pursue every underpayment claim on behalf of affected employees. Employers, who might otherwise be minded to seek to avoid their obligations, need to be encouraged to comply without waiting for the Labour Inspector to interven...

2. Body Corporate 81738 v Wellington City Council [2010] NZWHT Wellington 15 [pdf, 205 KB]

   ...Plumbing services Cross Sections and Elevations, Window and Door schedule Written trades specifications … It is assumed that the last design proposal 11-94-17-P2 prepared by myself along with revised elevations used to obtain WCC Resource Consent will remain largely unaltered and for the basis for the working drawings to be prepared from.” [32] There is no allegation that Mr Blundell was engaged in any supervisory capacity. It is clear that the original contract...

3. RIS: Protection of the name ombudsman [pdf, 510 KB]

   ...Annual Report; accessible at https://www.ifso.nz/news-and-publications/annual-reports/ 10 FDRS is a wholly owned subsidiary of FairWay Resolution, which, until 30 June 2017 was a Crown company. 2016/17 Annual Report: accessible at https://fdrs.org.nz/resources/publications/ 11 2016/17 Annual Report; accessible at: http://www.fscl.org.nz/2017-annual-report 12 [2018] NZCA 27 at [48 - 50] https://bankomb.org.nz/about-us/reference-documents/ https://www.ifso.nz/news-and-publications/annua...

4. [2018] NZEmpC 147 Amcor Flexibles (NZ) Ltd v Gillan [pdf, 403 KB]

   ...such as patting himself, pacing and looking restless. [33] Based on this history Dr Obele provided her report on 5 November 2015. There was some controversy about it, because of an exchange of emails she had with a member of Amcor’s human resources team, in which an attempt was made to restrict its length. In the end nothing turns on that exchange, because Dr Obele insisted she would write a detailed report and did so. [34] In this report Dr Obele stated the need for a s...

5. Supplementary advice on proposed Criminal Cases Review Commission model - Redacted [pdf, 319 KB]

   ...able to begin an investigation on its own initiative. 77. The concerns about own-motion investigations included that: 13 77.1. taking on investigations where the convicted person did not wish to take an appeal would be a waste of public resources and an unwarranted intrusion into the lives of private citizens 77.2. it could undermine the independence of the judiciary if, without any complaint from the defendant, the CCRC began to assess a miscarriage that it perceived had go...

6. [2022] NZEmpC 174 Ashby v NIWA Vessel Management Ltd [pdf, 279 KB]

   ...and that she genuinely loved her job. She did, however, seek to change to the second swing shift, so that she did not have to work with the Master. [20] At that stage, Ms Ashby commenced sick leave, but she met with Mr Foothead and the Human Resources Manager to discuss the contents of the letter from her solicitor and it was agreed that an independent facilitator would be engaged to work with Ms Ashby and the Master in an effort to restore their relationship. [21] The facili...

7. [2022] NZEmpC 218 New Zealand Nurses Organisation v Te Whatu Ora Health New Zealand [pdf, 326 KB]

   ...“tempered by ensuring that disclosure is not oppressive”.14 The Judge also observed that what is required is the actual existence of relevance, and not the possibility of it. [77] I also refer to Mr Harrison’s point that the findings in Bathurst Resources Ltd v L&M Coal Holdings Ltd apply, since that decision is now the leading authority on the admissibility of extrinsic evidence as an aid to contractual interpretation.15 He highlighted the Court’s conclusion that the o...

8. [2022] NZEnvC 177 Waka Kotahi NZ Transport Agency v Auckland Council [pdf, 420 KB]

   Waka Kotahi NZ Transport Agency v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 177 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN WAKA KOTAHI NEW ZEALAND TRANSPORT AGENCY (ENV-2022-AKL-000100) Appellant AND AUCKLAND COUNCIL Respondent AND KARAKA AND DRURY LIMITED Applicant Court: Environment Judge J A Smith sitti...

9. 2022-02-11 Statement of Evidence of Samuel Thomas dated 11 February 2022 [pdf, 390 KB]

   ...Douglas et al. 2018). Reduced light levels and smothering due to increased sedimentation can also reduce sensitive algal species such as seagrass and microphytobenthos which live on the sediment surface and are important habitat providers and food resources. 24 Changes to the macrofaunal community with increasing mud content include species loss, reduced abundance of key species, size class reduction and, in extreme sedimentation events, entire communities are smothered (Thrush...

10. Privacy-Act-2020-Indirect-notification-obligation-April-2023-Cabinet-paper_FINAL.pdf [pdf, 2.7 MB]

    ...issuing guidance, educating agencies on compliance and ultimately monitoring compliance. 31 . Some government departments have raised concerns that the proposed amendments could create an administrative burden, and that th is could have timing and resourcing implications impacting their ability to carry out their core functions. However, these changes are in line with the underlying principles in the Act and many agencies with high levels of privacy maturity will already be complying wi...