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1. Committee on the Elimination of All Forms of Racial Discrimination – summary record 12th-14th reports (continued) [pdf, 125 KB]

   ...be added to the paragraph, to the effect that country rapporteurs were encouraged to hold a preliminary, informal meeting with a member of the mission in question. 45. The CHAIRMAN said that he agreed with that suggestion but wondered whether the responsibility for calling such a meeting should rest with the country rapporteur or the State party. 46. Mr. RESHETOV said that, while it was always preferable to have a preliminary discussion with the representatives of a State party whose p...

2. Gibbs-Smith - Te Tii (Waitangi) A Māori Reservation (2015) 104 Taitokerau MB 193 (104 TTK 193) - (PDF, 225 KB) [pdf, 224 KB]

   ...former interim trustees. [31] In any event, earlier this year Mr Taurua initiated some form of personal grievance against the trust as he had not been paid and had not been able to undertake his employment functions. Ms Taurua and Mr Ashby disclaim responsibility for the situation 104 Taitokerau MB 201 and say that they have filed a notice under s 227(6) of the Act – which allows dissenting trustees to absolve themselves from personal liability arising from decisions of the...

3. Swanson - Waotu South C No 6B (2014) 110 Waiariki MB 187 (110 WAR 187) [pdf, 235 KB]

   ...landlocked and unutilised; the owners do not have the expertise or ability to utilise the land themselves; the owners have agreed to the change of status unanimously; notice has been given twice to the preferred class of alienees (“the PCA”) and no response or objections have been received; and the refusal to grant a change of status would leave the owners with no income from the land and no economically viable way to escape that position; and (h) There is a specific plan for th...

4. [2013] NZEmpC 125 Flight Attendants & Related Services (NZ) Assoc v Air New Zealand Ltd [pdf, 139 KB]

   ...relationship between the first applicant and its second applicant members; whether the implementation of Project Choice will be in breach of s 4A(b) of the Act and contrary to those statutory obligations to be active, constructive, productive, responsive and communicative in the employers’ employment relationships with the applicants; and whether the implementation to date of Project Choice has amounted to a breach by the respondents of obligations under s 4(1A)(c) of...

5. [2016] NZEmpC 22 Keerithi Merennage v Ritchies Transport Holdings Limited [pdf, 182 KB]

   ...that challenge. [17] I accept Ms White’s submission that the nature of the allegations against Mr Merennage in these proceedings raised reputational and other interests which he was entitled to treat seriously and which required a comprehensive response. [18] The hearing ultimately consumed four days, with additional time required for the interlocutory attendances I have already referred to. Counsel for the plaintiff observe that Mr Merennage confronted language difficulties du...

6. Ngamoki-Cameron v Koopu - The Proprietors of Mangaroa & other blocks incorporated (2014) 91 Waiariki MB 279 (91 WAR 279) [pdf, 218 KB]

   ...unilateral decision (be it dismissal or resignation) is simply telling the recipient what is going to happen. Yes, sometimes an employer will endeavour to dissuade an employee from going through with a resignation but it is incorrect to describe such a response as “not accepting the resignation.” [25] A resignation is construed as a unilateral act and one which does not require acceptance. In the absence of any detailed procedural agreement between the parties, a resignation...

7. CAC 20007 v Marshall [2013] NZREADT 101 [pdf, 145 KB]

   ...suspension of the defendant’s real estate agent’s licence number 10013750 pending the outcome of a hearing for a substantive charge of misconduct. The point of that 16 July 2013 decision was to comply with s.115 of the Act. [39] The defendant filed a response to the charge but refused to take part in the hearing. Although he has engaged in email correspondence with our registry from time to time he has refused to engage with our processes in a meaningful way. In particular, he dec...

8. CAC 10020 v McDonald [2013] NZREADT 89 [pdf, 57 KB]

   ...and these are relevant documents and copies in the agreed bundle of documents. She has not been able, subsequently, to find the email attached to those documents and in May 2009 called in a computer expert “who explained that a virus was likely responsible for randomly deleting files on my computer”. [24] The defendant arranged for a tenant to move into the property on 29 February 2009 but soon gave that tenant notice for not paying rent. She marketed the property seemingly for b...

9. Weber v CAC 20002 & Penrose & Brown's Real Estate [2013] NZREADT 75 [pdf, 62 KB]

   ...he and his wife were “looking for something north of $1,150,000” and eventually counter-offered with $1,139,000. [22] On Monday 11 October 2010, the licensee received an email from the appellant advising that his lawyer would like a written response from the licensee that the entity or persons making the offer were not related to the neighbour in any way. The licensee states that, as at 2.37 pm that day when he received an email to that effect, “this was the first request I had...

10. Holmes v Commissioner of Police [2012] NZHRRT 17 [pdf, 80 KB]

    ...pleaded withholding grounds under the Privacy Act it is necessary to supplement the background by mentioning that the present proceedings are the second brought by Mr Holmes before the Tribunal. His first proceedings complained of the out of time response by the Police to his personal information request. In Holmes v Commissioner of Police [2009] NZHRRT 15 (17 June 2009) this Tribunal, differently constituted, concluded that there had been non-compliance with the statutory 20 working da...