Search Results

1. LCRO 174/2013 ZF v H BU and G BU [pdf, 252 KB]

   ...during the period of time from October 2011 to 21 January 2012 I was fully engaged in retrieving from the electronic record and compiling an extensive submission on another case, particulars of which the LCS was aware and because of my limited personal resources I could not devote time to the BU Complaint; • The more particulars of this particular point and the manner in which I was handicapped will be recorded in the said substantive papers that will shortly be filed herein; • Th...

2. [2018] NZEmpC 69 A Labour Inspector v Sampan Restaurant Ltd [pdf, 343 KB]

   ...shareholder did not constitute double punishment. In Moir Farms, however, the company’s fine was found to be excessive, and was reduced from $23,500 to $10,000 to provide better consistency and parity with the director’s fine. [36] Under Resource Management Act 1991 prosecutions, it seems the courts will take care to avoid double punishment, such that, in some cases, a collective approach to deciding on the quantum of a fine is appropriate.27 In Hardegger v Southland Regiona...

3. Have your say on the family justice system [pdf, 1.2 MB]

   ...of family violence and how this affects parenting and children; children with disabilities and/or disabled parents; f) is cost-effective, with reference to financial sustainability for the Crown given the various drivers of cost, capability and resources. C. The panel will consult with children and young people (including Māori children and young people), Māori, Pacific peoples, academics, the Judiciary, the legal profession, disabled people, relevant professional groups, communit...

4. [2016] NZEmpC 120 Whanau Tahi Ltd v Dasari [pdf, 211 KB]

   ...for a job as a business analyst with Whanau Tahi Ltd. He attended an interview on 7 August 2013. Present at the interview was Mr Stephen Keung, who was a director of Whanau Tahi, Daymon Nin, an executive officer, and Sonia Dernie, from Human Resources. Mr Dasari indicated in his evidence that during this interview he explained that his visa status was employer specific. He indicated that if he was to obtain the position he had to have support from Whanau Tahi for a variation for...

5. MacGregor v Craig (Second Interim Non-Publication Order) [2015] NZHRRT 40 [pdf, 324 KB]

   ...terms of the Act had lent the process a quasi-judicial character and the requirement of observing the principles of natural justice had resulted in an elaborate and protracted system of provisional and final opinions. The length of the process and the resources consumed led the Re- Evaluation team to recommend a conciliation process to be carried out principally by staff rather than by Commissioners. Where this was unsuccessful, the complaint was to be referred to the (then) Proceedings Co...

6. BORA Criminal Record (Expungement of Convictions for Historical Homosexual Offences) Bill [pdf, 8.6 MB]

   ...not apply to people convicted of public order offences that may have in- volved consensual homosexual conduct (as other offending may have been involved). Including a broader range of offences in the scheme would make it considerably more complex and resource intensive, and is not appropriate at this time. The Bill provides that the Secretary for Justice will have responsibility for determin- ing applications for the expungement of specified convictions. The primary obligation to provide in...

7. [2019] NZEmpC 20 Jacks Hardware and Timber Ltd v First Union Inc [pdf, 537 KB]

   ...“sufficient” carries several meanings as is illustrated by the following definition:40 adj. 1. sufficing, adequate, enough (is sufficient for a family; didn’t have sufficient funds). 2. = SELF-SUFFICIENT. 3. archaic competent; of adequate ability, resources, etc. sufficiently adv. … (emphasis original) [62] From that definition it is possible that “sufficiently”, when used in s 50J(3), means that the Authority must be satisfied what happened was adequate to support...

8. [2019] NZEmpC 54 Hong v Auckland Transport [pdf, 437 KB]

   ...places him at risk of harm; (ii) places other officers and members of the public at risk of harm; (iii) means that AT would have to ensure that Mr Hong had another parking officer with him at all times, which is not an efficient use of AT’s resources and would also place that parking officer at risk of harm; (c) AT has lost trust and confidence in Mr Hong. Safety is the key reason given by AT for reinstatement not being appropriate. Both parties gave extensive submiss...

9. LCRO 98/2018 and 201/2018 HK v CN (22 May 2019) [pdf, 238 KB]

   ...Neither the developer nor Mr CN cancelled the purchase agreement within the following 10 working days. The condition was therefore deemed waived on 22 February 2016. [6] The statutory condition imported into the purchase agreement by s 225 of the Resource Management Act 1991 (s 225 condition) was stated to be “modified so that [Mr CN’s] rights” under s 225(2)(b) did “not arise until [8 February 2016]”.3 [7] A month later, on 9 March 2016, Mr CN entered into an agreement...

10. LCRO 185/2017 DO v DP (18 March 2019) [pdf, 237 KB]

    ...finding “is disproportionate to any criticism which could be fairly levelled at him”. [49] He contends the Committee “has applied” a standard “which is “next to impossible to achieve”, taking into account “limitations of time, resourcing restrictions, commercial pressures, the clash of deadlines and practical hindrances such as inability to contact clients and similar circumstances”. [50] He says he abides by the professional rules and is “a conscientious and...