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1. [2022] NZEmpC 127 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 304 KB]

   ...13 Firm PI 1 Ltd v Zurich Australian Insurance Ltd [2014] NZSC 147, [2015] 1 NZLR 432 at [60]; New Zealand Air Line Pilots’ Association Inc v Air New Zealand Ltd [2017] NZSC 111, [2017] 1 NZLR 948, [2017] ERNZ 428 at [71]. 14 Bathurst Resources Ltd v L&M Coal Holdings Ltd [2021] NZSC 85, [2021] 1 NZLR 696; Vulcan Steel Ltd v Manufacturing & Construction Workers Union [2022] NZEmpC 78 [28]−[30]. [37] Whether or not the rule of contra proferentem will ultima...

2. [2022] NZEmpC 226 Association of Professionals and Executive Employees Inc (APEX) v Te Whatu Ora – Health New Zealand [pdf, 228 KB]

   ...Understanding to the DHBs. Decisions were made urgently; there was no ability to wait and see what happened. The point was to remove any possible hurdles that may have impacted on the laboratories’ ability to respond with the urgency and resources required. It was in that context, the PSA raised the concern that its members may be required to work weekends on lower penal rates than their colleagues, which was seen as a potential obstacle to co-operation. [55] As it tr...

3. M Ltd v KC [2023] NZDT 26 (2 February 2023) [pdf, 145 KB]

   ...16. XT of M Ltd says that all auctions are ‘buyer beware’ and the goods are sold ‘as is where is’, so the risk of quality and authenticity is on the purchaser. XT says that auctions must be operated like this as auctioneers do not have the resources or skills to authenticate the items they sell. He says that M Ltd holds regular auctions of goods and it could not possibly check and authenticate every item that it auctions and does not have the knowledge or experience to do so, and i...

4. LCRO 186/2022 DV v AW (30 October 2023) [pdf, 208 KB]

   ...in which it made findings of unsatisfactory conduct against both Dr FN and Mr DV. [3] Mr DV has applied for a review of that decision. Dr FN has not. Background [4] [A Ltd] was the owner of a development site in [address]. It obtained a resource consent to carry out a mixed commercial and residential development of the site. 2 Funding for the development was provided by Company B Limited (B Ltd) and secured by a mortgage over the property. [5] Company C Limited (C Ltd)...

5. [2025] NZEmpC 16 The Chief of New Zealand Defence Force v Williams [pdf, 305 KB]

   ...Will, Allan and I.” She relevantly stated that RTMs had taken their vehicles home for some time “given the geographical areas they cover and the expectation of being on call 24/7. It has shown to be the most effective use of their time, the resource and provides the best support to our team and customers.” [46] While this correspondence recorded the arrangements in 2015, it is clear that those arrangements – that they be on call 24/7 – remained in place from 1 April 20...

6. Glossary

   ...more commonly, as challenges to determinations of the Employment Relations Authority. Environment Court The Environment Court's work involves public interest questions relating to New Zealand's environmental matters, and other issues arising under the Resource Management Act 1991. evidence The various things presented in court to prove an alleged fact, including written or spoken testimony from witnesses, and other material such as documents, photographs, maps and videotapes. exhibits Items...

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7. Waitangi Tribunal theme D - Crown's right of preemption [pdf, 4.2 MB]

   ...Government's policies and practices through the appointment of an independent Protector of Aborigines; and (b) the assurance of adequate reserves. That tribunal held that the apparent principle behind the reserves was that 'Maori would retain sufficient resources to be full participants in the projected new economy, and would have sufficient land to provide an economic base for the future'. 8 A key question addressed here is whether the Crown's actions in relation to p...

8. Evaluation of Alcohol and Other Drug Treatment Court pilot [pdf, 1.3 MB]

   Formative Evaluation for the Alcohol and other Drug Treatment Court Pilot Prepared for Ministry of Justice 31 March 2014 F O R M A T I V E E V A L U A T I O N F O R T H E A L C O H O L A N D O T H E R D R U G T R E A T M E N T C O U R T P I L O T i i Contents Preface v Glossary vi 1. Executive summary 1 2. Introduction 9 2.1 Background 9 2.2 Formative evaluation of the AODT Court 9 2.3 Formative evaluation methodolog

9. [2010] NZEmpC 84 Secretary for Justice v Dodd [pdf, 126 KB]

   ...through their private activities.” [83] Employee responsibilities include “[t]o maintain appropriate standards of behaviour …”, “[t]o ensure that you do not make or allow any unauthorised use of, or access to, the Ministry’s property or resources, or information about its business or clients.” Under a subheading “Conflict of interest”, this code provides: You should avoid any activity or behaviour (work-related or private) which could reflect badly on you as an emp...

10. [2009] NZEmpC CC 5/09 Ramsay V Commissioner of Police [pdf, 126 KB]

    ...solution was to recommend placing Constable Coy under performance management and removing Mr Ramsay from the Temuka station before Sergeant Smith returned from leave as the two officers were in direct conflict. [70] Subsequent advice from human resources was that Mr Ramsay could not be removed from Temuka without his consent. Human resources advised Inspector Gaskin to meet with Mr Ramsay, manage Sergeant Smith’s performance issues, and hold a joint meeting between the two of them...