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1. [2016] NZEmpC 161 NZ Airline Pilots Assoc Inc v Air NZ Ltd [pdf, 234 KB]

   ...conclusions. The company has an acknowledged discretionary right to downtrain. The company must exercise its discretion reasonably and in compliance with its contractual obligations. Recourse to downtraining to manage an application of pilot resource in appropriate circumstances is not precluded by an activation of the process in cl 11.5. Clause 11.5.2 does not require, when read in isolation or in context, that once it is set in motion the steps set out in that provision must b...

2. [2017] NZEmpC 40 XYZ v ABC [pdf, 271 KB]

   ...defendant’s protected disclosure policy reflects the provisions of the Protected Disclosures Act. [11] Serious wrongdoing is defined in the Protected Disclosures Act as including the unlawful, corrupt or irregular use of public funds or public resources. The Act contains a number of protections for staff who make a protected disclosure, including that the person receiving the disclosure must use their best endeavours to keep confidential the identity of the disclosing party unle...

3. ZA v YB LCRO 164/2013 Recusal (31 August 2016) [pdf, 98 KB]

   ...they do not consider that the judgment of Palmer J in is compromising of my independence in my Review Officer function in relation to files in which Mr [ZA] is a party, or otherwise. [76] The issue of practicability, and the effective use of scarce resources, is also relevant. A substantial part of the workload of this Office involves Mr [ZA] as a party. Relinquishing conduct of all reviews involving him as a party would have a number of undesirable consequences, not least of which wou...

4. ZA v YB LCRO 23/2014 Recusal (31 August 2016) [pdf, 96 KB]

   ...described in Ebner. By these standards, I am satisfied that I am not compromised in my impartiality, or in my capacity to discharge my duties conscientiously as a Review Officer. [76] The issue of practicability, and the effective use of scarce resources, is also relevant. A substantial part of the workload of this Office involves Mr [ZA] as a party. Relinquishing conduct of all reviews involving him as a party would have a number of undesirable consequences, not least of which would...

5. ZA v YB LCRO 135/2014 Recusal (31 August 2016) [pdf, 99 KB]

   ...described in Ebner. By these standards, I am satisfied that I am not compromised in my impartiality, or in my capacity to discharge my duties conscientiously as a Review Officer. [76] The issue of practicability, and the effective use of scarce resources, is also relevant. A substantial part of the workload of this Office involves Mr [ZA] as a party. Relinquishing conduct of all reviews involving him as a party would have a number of undesirable consequences, not least of which would...

6. WT Te Manutukutuku Issue 70 [pdf, 1.6 MB]

   ...education to Māori and Pākehā alike is equal treatment, but it is not equitable because it does not meet the needs of Māori. Similarly, equitable treatment means recognis- ing the greater needs of many Māori communities and providing more resources to meet those needs. It also means working with hapū and iwi to ensure that they are involved in the provision of social services. The Tribunal accepted that because Te Urewera is distant from high population areas, it is difficult...

7. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

   ...keep the client advised of alternatives to litigation that are reasonably available. By imposing this duty, the rule aligns with the approach taken in the International Code of Ethics.21 [113] With the intention of avoiding the expenditure of resources, cost and uncertainty of outcome with litigation, many commercial contracts typically provide alternative disputes resolution (ADR) clauses, which may include the obligation of the parties to first, negotiate in good faith and, if un...

8. Te Korowai Tiaki o Te Hauauru Incorporated v Te Rūnanga o Ngati Tama Trust - Te Rūnanga o Ngāti Tama Trust (2020) 425 Aotea MB 203 (425 AOT 203) [pdf, 309 KB]

   ...arrived in Aotearoa). (3) In subsection (2), customary rights means rights according to Maori customary law, including— (a) rights to occupy land; and (b) rights in relation to the use of— (i) land: (ii) other natural or physical resources. [12] The term “Ngati Tama area of interest”, as used in s 10, is defined in s 9 of the 2003 Act as follows: Ngati Tama area of interest means the area that Ngati Tama identify as their area of interest, as set out in Sc...

9. [2020] NZREADT 37 - Eade v Real Estate Agents Authority (25 August 2020) [pdf, 335 KB]

   ...of a lifestyle block at Waihi that a mining company owned neighbouring land, but that there was no intention to mine at or near to the land being sold. Some months after the purchase, the purchasers learned that a mining company had applied for resource consent to mine under the property. The Tribunal found that the licensee was unaware of the potential risk of mining in the area. The Tribunal found that the misrepresentation was innocent, but nonetheless constituted unsatisfacto...

10. [2020] NZEmpC 46 JCE v The Department of Corrections [pdf, 321 KB]

    ...distress and that was not disturbed in the subsequent appeal. In that case the employee had been a probation officer exposed to unnecessary and avoidable workplace stress over many years, arising from work overload, management failure and office and resource deficiencies.15 He had suffered a severe impact on his health as a result of the breaches and was found to be significantly disabled because of the employer’s actions. [51] In Brickell, which was an action in tort, the Hig...