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1. Firmin v ACC [2013] NZACA 15 [pdf, 87 KB]

   ...Mr McDouall conceded that there may have been a Determination made by the Commissioner which directly relates to the Singapore allowance, but maintained that it was not for Mr Firmin to prove that the Determination did not exist and it was ACC’s responsibility to find and provide a copy of the determination it relied upon to calculate Mr Firmin’s compensation. Mr McDouall concluded his letter with the comment that if he must, he would test Determination No.3 in court, but it may be m...

2. Regulatory Impact Statement: Unilateral cancellation of voluntary time payment arrangements for unpaid fines [pdf, 733 KB]

   ...have been consulted on the topics relevant to their areas of interest. The Department of the Prime Minister and Cabinet have been informed. 52. In some cases the legislation governing a tribunal administered by the Ministry of Justice is the responsibility of another government department. In these instances, the Ministry sought and received the department’s agreement to the proposal. Conclusion 53. The assessed options are summarised in the table below, with preferred options...

3. [2018] NZEmpC 22 Kids Republic Playland Ltd v Lowe [pdf, 471 KB]

   ...about a relevant text conversation she had with another person which had been accidentally forwarded to his phone. Mr Smith had texted Ms Lowe earlier in the morning of 2 October 2015 to ask her to forward the full thread of texts to him. Her response had included the sentence “You and [Ms Smith] have clearly decided that everything is my fault so fuck it forget it”.7 [24] The Authority also recorded Mr Smith’s evidence that when he raised issues in the meeting at the pu...

4. [2018] NZEmpC 45 Performance Cleaners All Property Services Wellington Ltd v Chinan [pdf, 427 KB]

   ...Accordingly, I do not regard this assertion as being relevant. [49] Third, I do not accept that Ms Chinan should be penalised in costs because a jurisdiction argument was not raised in the Authority. It was for Performance Cleaners to take the responsibility to bring claims which were within jurisdiction; not for Ms Chinan to take responsibility for arguing that they were not. [50] Fourthly, as already explained, this is a de novo challenge. The Authority’s conclusions are no...

5. [2018] NZEnvC 130 Friends of Nelson Haven Tasman Bay Incorporated v Tasman District Council [pdf, 1.5 MB]

   ...placement of structures notifies Land Information New Zealand, and the Council Harbourmaster. (v) The whole or any part of the interest in the coastal permit for the activity may be transferred to any other party. The transferor 3 remains responsible for compliance with the terms and conditions of the permit until written notice of the transfer is given to the Council. C: There is no order as to costs. REASONS I ntrod uction [1] In this Court's interim decision,1 direct...

6. Wati v Corrections [2018] NZHRRT 38 [pdf, 330 KB]

   ...because Mr Wati was making complaints about the withholding of his mail, and a production order had not been provided, the Intelligence Unit sent Mr Wati’s mail on to the intended recipients. [14] On 14 August 2014, Corrections wrote to Mr Wati in response to a letter he had sent to the Parole Board concerning his mail. The letter stated that the Prison Intelligence Unit wished to apologise for the delay in sending his mail and noted that, as Mr Wati was aware, his outgoing mail was...

7. Fehling v Ministry of Health [2017] NZHRRT 31 [pdf, 269 KB]

   ...Subsequently, by letter dated 15 June 2016 Mr Fehling filed with the Tribunal two further enrolment forms regarding the WCDHB. They were signed by Mr Fehling on 28 January 2005 and 8 February 2008 respectively. These documents were submitted as part of his response to the strike-out application filed by the WCDHB. [20] The important points are that neither of these two enrolment forms are the subject of the claims made in the statement of claim and further, that the issue for determina...

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

   ...officer Mr Hong emigrated to New Zealand from South Korea over 25 years ago. He started working for AT as a full-time parking officer in April 2012 and held that position until he was dismissed on 24 February 2017. AT’s parking officers are responsible for assisting and guiding members of the public in their parking decisions as they travel around Auckland. One of a parking officer’s key functions is to issue infringement notices or tickets for some stationary a...

9. [2016] NZEmpC 161 NZ Airline Pilots Assoc Inc v Air NZ Ltd [pdf, 234 KB]

   ...directly to the company at the time. It would, however, have been plain from the earlier 9 February correspondence that NZALPA was not on board with compulsory downtraining, even if it had previously made it clear that it was. Mr Gilmore’s strong response, reiterating the company’s view that it had the power to undertake such a step and had gone through the requisite process to do so, reflects that he understood this. [27] On 19 February 2010 NZALPA wrote to Mr Gilmo...

10. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Application - Appendix C1 [pdf, 835 KB]

    ...to liveability. The traditional low key farming character complements and is complemented by the resilient non-farming community of the area responding to local natural attributes. The landscape is a clear record of people’s activity, of direct responses to the character of the land when applying pastoral farming techniques. The mundane of shelter belts, of woodlots, of pasture and fences, of sheds and houses nestled in the lee of macrocarpa and pine. Together the individual and mundan...