Search Results

1. [2016] NZEmpC 166 Alim v Sky Chefs NZ Ltd [pdf, 537 KB]

   ...be issued with regard to service on Mr Hay, so that yet further submissions could be made as to joinder in light of the Court’s reasons. The essence of my reasons were contained in my minute of 8 November 2016. No submissions were filed in response to that minute, although there was ample opportunity to do so. Moreover, in view of the extensive opportunities which have been provided to all parties to file evidence and to make submissions as to joinder, it is unnecessary to procee...

2. Kai Tahu Ki Otago - EiC - E Ellison - Culture (5 Feb 2021) [PDF, 1.3 MB]

   ...36. Post-contact, the traditional kaitiaki functions have been taken up by mana whenua, who have adapted old customs to address new challenges in the world of commerce, law, and environmental change. 37. I have inherited my ‘kaitiaki’ responsibility from my father, and from the ancestors. Kaitiakitaka is intergenerational and in this context, it can briefly be summarised as having the right and responsibility to care and look after our environment handed to us by our ancest...

3. Granting Aid for Waitangi Tribunal Matters Policy v3.pdf [pdf, 522 KB]

   ...policy provisions are accessible via links throughout the document. 2. This operational policy consolidates and confirms a number of existing practices, as well as offering clarification of processes and requirements. The policy has been updated in response to the recommendations contained in the Report on Whakatika ki Runga, a Mini-Inquiry Commencing Te Rau o te Tika: The Justice System Inquiry. 3. This operational policy comes into effect on 19 August 2024. Background Introducti...

4. [2025] NZACC 070 - Lawrence v Accident Compensation Corporation (6 May 2025) [pdf, 481 KB]

   ...condition with possible central sensitisation stemming back to his original injury as a 16 year old. (Emphasis added) [28] The Corporation sought advice from Mr Ratahi regarding the benefits of a pain programme. His practice provided a brief response on 19 December 2023, which stated: Diagnosis: lumbar disc protrusion L3/4 and L4/5 for non-invasive management i.e. ACC pain assessment service. MRI C-spine not indicated. (Emphasis added) [29] The Corporation’s internal clini...

5. [2007] NZEmpC CC 26/07 Southern Local Government Officers Union Inc v Christchurch City Council [pdf, 74 KB]

   ...district council) in what was described as the “inner basin area” comprising the Lyttelton and Mount Herbert wards. No issue was raised by the DCOs as to the performance of these additional duties. After 1996 the district council took back responsibility for the animal control services within its area. In 2005 a decision was made by the Local Government Commission that in 2006 the district council would be disestablished and its territory merged into the Christchurch City Cou...

6. [2011] NZEmpC 157 Heritage Expeditions Ltd v Fraser [pdf, 158 KB]

   ...correctly went on to submit, it was only when Heritage Travel Group Limited proved to be worthless that Mr Fraser realised that the identity of his employer was important. [77] While Mr Fraser’s affidavit was a sworn statement for which he must be responsible, it is clear he was wrong in the passage set out above. To the extent he had an honest belief that he had been employed by Heritage Travel Group Limited, that must have come later, after Mr Russ confidently asserted to the A...

7. [2008] NZEmpC WC 21/08 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 68 KB]

   ...for the reasons I have set out. At the same time ACC have determined he is not eligible for continued cover after 7 January 2004, although this decision is being challenged. He is now forced to apply for a sickness benefit. He holds the company responsible for his current plight. Please take this letter as notice of his resignation as at 7 January 2004. However, because this resignation is being forced upon him he considers it is in fact a constructive dismissal. As this dismissal...

8. [2010] NZEmpC 11 NZ PSA v Secretary for Justice [pdf, 77 KB]

   ...approach to the bargaining process. Where one party believes there has been a breach of good faith in relation to collective bargaining, that party shall, as soon as practicable, indicate its concerns to the party (through the lead advocate) allegedly responsible for the breach to enable an explanation to be provided and, if necessary, remedial action to be taken. … All individuals involved in the bargaining shall be bound by this agreement. … 13. Bargaining To promote orderl...

9. [2010] NZEmpC 103 Coy v Commissioner of Police [pdf, 75 KB]

   ...consists essentially of the plaintiff’s comments on Sergeant Smith’s letter to Inspector Gaskin of 27 June 2003 in which Sergeant Smith responded to the allegations raised in Ms Coy’s grievance. [35] Mr Fairclough submits that the plaintiff’s responses to Sergeant Smith’s account of events raised by her personal grievance cannot be put before the Court by any other means. Counsel submits that the plaintiff’s comments are on matters within her knowledge. Detailed commen...

10. Regulatory Impact Statement Managing the cost of legal assistance in the justice sector [pdf, 200 KB]

    ...funding rates need to be negotiated in advance, and encompass all three elements driving costs (i.e. the hourly rate, the number of hours, and disbursements). This approach aligns with Cabinet’s agreement to trial other models of service provision in response to the Bazley Review (CAB Min (09) 45/6B). 24. Rather than seeking a single purchase approach to address the growth in the price per grant, several approaches are needed to address different types of cases. Most other jurisdict...