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1. LCRO 72/2020 ZW v CB (29 September 2020) [pdf, 204 KB]

   ...noted at the hearing, he could not force the parties to mediate. [104] It is also clear from the file that Mr CB’s attempts to achieve a settlement for Mr ZW were frustrated by two obstacles which commonly impede the path to settlement: a well-resourced and competently represented opponent, and an opponent who appeared to be adopting delay and non-response as a litigation tactic. 17 [105] As matters progressed and the parties’ positions crystallised, it became clear that t...

2. [2020] NZEmpC 165 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [pdf, 294 KB]

   ...2017 and settled Ms Makea- Ruawhare’s personal grievance. [10] Ms Makea-Ruawhare attended mediation with Mr Halse and Ms Simpson; Turuki was represented by its Chief Executive, Ms Winiata, and by Ms Ratcliff, who is engaged by Turuki in a human resources consultant role. Mr Anthony Drake, Turuki’s solicitor, also was in attendance. [11] A record of settlement was entered into under which Turuki agreed that it would make certain payments to Ms Makea-Ruawhare or for her benefi...

3. IPT 2019-20 Annual Report [pdf, 477 KB]

   ...access to the Tribunal’s work, in the interests of promoting greater accountability, awareness and understanding. The website for the Tribunal includes a searchable database of the published decisions of the Tribunal, which provides a valuable resource for Tribunal members, higher courts, counsel, representatives, appellants and the wider public. The aim has been to provide an abstract (a synopsis) of every decision, for ease of reference. In previous court years, there develope...

4. Proactive release - Strengthening the Family Court [pdf, 1.9 MB]

   ...These reforms intended to encourage individual responsibility and shift the focus from in-court resolution, to encouraging parents to reach agreement themselves through out-of- court processes. The reforms aimed to enable the Family Court to focus its resources on serious and urgent applications that were not suitable for out-of-court resolution. One of the most significant changes was the removal, for fiscal reasons, of legal representation and legal aid in the early stages of on-notice CoCA p...

5. [2018] NZEmpC 19 Kumara Hotel Ltd v McSherry [pdf, 333 KB]

   ...dismissal in the event the employment is terminated. Such trial periods can be particularly important for small and medium sized businesses, as they often face higher recruitment and dismissal costs relative to larger employers who have dedicated human resources departments. Small and medium sized businesses, therefore, face higher risks in taking a chance on a new employee. This Bill will provide opportunities for those who might suffer disadvantage in the labour market, for exampl...

6. Proactive Release - Cabinet Paper for arbitrating commercial lease disputes [pdf, 714 KB]

   ...24.1.3 any financial support available to them 24.1.4 their revenue and profit levels in recent years 24.1.5 their ability to survive financially the effects of official requirements to counter an outbreak of COVID-19 24.1.6 any difference in size and resources between the lessor, the lessee, and any other relevant party 24.1.7 any other factor that is reasonably relevant 24.2 a relevant party is any sublessee, any lessor under a superior lease, any parent company for the lessor or less...

7. [2021] NZEmpC 208 ABC v DEF [pdf, 315 KB]

   ...to the Employment Relations Bill 2000 said this:35 In terms of problem resolution in employment relationships, a strong emphasis is placed on the prior resolution of problems by the parties themselves, who will have access to a wide range of resources, through information provision, structured or unstructured mediation and other services to voluntarily resolve matters at an early stage. Mediation is the preferred option at all stages, although it is recognised that some problems...

8. National Standards Committee 1 v Gardner-Hopkins [2022] NZLCDT 2 (13 January 2022) [pdf, 211 KB]

   ...in Russell McVeagh (for instance he no longer owns his own home, but rents a two-bedroom one), we consider that his plight is not as dire as suggested. [43] In evidence Mr Gardner-Hopkins confirmed that there were professional roles within the Resource Management area which he could undertake without the need for a practising certificate. He had also made preliminary inquiries with a recruitment consultant. It would be surprising if a man of his talents could not obtain gainful em...

9. [2021] NZEmpC 197 Mikes Transport Warehouse Ltd v Vermuelen [pdf, 245 KB]

   ...[2020] NZERA 500 (Member Campbell). [7] Mr Vermuelen approached the Modern Transport group to enquire about employment opportunities and spoke to Mr Flyger. Mr Flyger works across both MTE Ltd and MTW Ltd as Group Accountant and Human Resources Manager. It is clear that Mr Vermuelen made a positive first impression - Mr Flyger immediately introduced him to Mr Robin Ratcliffe, a Director of both MTE Ltd and MTW Ltd. [8] Mr Ratcliffe decided that Mr Vermuelen would be a...

10. FINAL-2021-Research-Memorandum-Witness-Familiarisation.pdf [pdf, 300 KB]

    ...civil cases. 9. This research paper examines best practice overseas and in Aotearoa New Zealand to outline what a good witness familiarisation service could provide to complainants and witnesses. 10. It will be used initially as an internal resource and be provided to the Minister of Justice and the Minister for the Prevention of Family Violence and Sexual Violence. Objectives 11. The objectives of the research are to: (a) Outline why witness familiarisation is needed and th...