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1. Ween v Betty's Empire Ltd [2020] NZHRRT 48 [pdf, 212 KB]

   ...Her employer sends a photo of Ms Ween’s on-line shopping order stating, “I see your (sic) being productive at work”. This is accompanied by three emojis, two of them showing laughing faces. [20.2] Rather than embarrassment, Ms Ween’s response is to acknowledge that while she has been “snapped”, she refers to her employer as buying on-line currency in work hours and also to the fact that she (Ms Ween) is allowed to conduct such transactions in her break. She likewise adds...

2. Jones v Ratahi - Ngātitara 26B (2019) 403 Aotea MB 276 (403 AOT 276) [pdf, 343 KB]

   ...the land. She argued that the trustees have leased the land to a whānau member at below market rent for the past seven years, resulting in disadvantage to the beneficial owners. [2] The trustees deny the claim. They argue that they have acted responsibly concerning the lease. They took advice and carried out a tender process obtaining the best rental possible considering factors existing in the market at the time. [3] The issue for determination is whether the trustees have acte...

3. Canterbury Earthquakes Insurance Tribunal: Further Decisions 29 March 2018 [pdf, 553 KB]

   ...Tribunal 5. Cabinet agreed to create a specialist Tribunal with the objective of providing access to speedy, flexible and cost-effective procedures for the resolution of disputes between policyholders, the Earthquake Commission (EQC), Southern Response and other insurers (CAB-18-MIN-0065 refers) involving residential land and residential property.1 6. These objectives have guided the development of the Bill, and the careful balance between maintaining natural justice, and providin...

4. Te Manutukutuku Issue 7 [pdf, 533 KB]

   ...have been no confiscations in Taranaki • that Nga Iwi 0 Taranaki 'ought not to have been punished by the confiscation of any of their lands'. Counsel for the claimants opposed the adjournment, criti­ cising the Crown for not having a response prepared despite having sufficient warning. The Tribunal, however, decided that the Crown should be allowed until 18 January 1991 to advise the Tribunal and the claimants whether it would accept the claimants' four contentions,...

5. Auckland Standards Committees 2 and 3 v Mason [2019] NZLCDT 5 [pdf, 89 KB]

   ...monetary penalties imposed on him. But he had at the very least an obligation to keep the New Zealand Law Society fully informed of his 7 financial circumstances and enter into payment arrangements. To simply go quiet is not an acceptable response. [34] Mr Mason’s subsequent bankruptcy has meant that these awards have been extinguished. [35] We were asked to reimpose the compensatory order in favour of the client. We considered that this might not accord with the ins...

6. Data and Statistics Bill [pdf, 276 KB]

   ...the provision of information helps reduce the risk of non-compliance which may undermine the integrity, reliability and quality of data to produce official statistics. Statistics NZ advises that voluntary requests for data consistently have lower response rates than mandatory requests. 18. As such, we consider that the ability to compel a response to a request for data (which will be used to produce official statistics) is rationally connected with the objective to enable high-quality,...

7. Compensation Guidelines for Wrongful Conviction and Detention [pdf, 97 KB]

   ...taking into account: i The conduct of the applicant leading to the prosecution and conviction; ii All other relevant circumstances; and c The applicant has suffered losses that are compensable under these Guidelines. 5 Applicant’s responsibility 18 The applicant is responsible for: a Establishing that their application meets the criteria for compensation specified in paragraph 17(a) to (c); b Providing any information reasonably required to consider the application, inc...

8. [2023] NZEmpC 63 Hilford v Board of Trustees of Whangarei Boys’ High School [pdf, 245 KB]

   ...by Mr Harrison, counsel for WBHS, that Mr Halse’s explanation given by Mr Halse that the document must have been sent to a defunct email address was not a sufficient excuse to explain the delay. [24] Mr Harrison submitted that Mr Halse had a responsibility, as Mrs Hilford’s representative, to inform the Authority if he ceased using an email address which he had nominated for communication purposes. I agree. As the Court has noted previously, representatives in employment law...

9. [2022] NZEmpC 112 Shaw v Bay of Plenty District Health Board [pdf, 220 KB]

   ...the DHB. This ground is reflected in the steps claimed by the DHB and does by itself warrant an uplift. [33] For completeness, the way the hearing was conducted did not expose Ms Shaw to the risk of an uplift in costs. Once Mr Mitchell assumed responsibility for running Ms Shaw’s case it was efficiently handled. The hearing did not dwell on unnecessary or distracting issues and the submissions advanced for her were succinct and arguable. [34] Where Ms Shaw is at risk of an up...

10. [2022] NZEmpC 117 QDY v Counties Manukau District Health Board [pdf, 230 KB]

    ...District Health Board (the CMDHB) and that the CMDHB breached its contractual and good faith obligations to her. [2] The applicant was employed by the CMDHB as a nurse. She declined to be vaccinated for COVID-19. After the COVID-19 Public Health Response (Vaccinations) Order 2021 (the Order) was issued, the CMDHB determined that the role held by the applicant had to be performed by a vaccinated person. The applicant’s employment was terminated by the CMDHB on 9 July 2...