Search Results

1. [2017] NZEmpC 99 The NZ King Salmon Co Ltd v Slotemaker [pdf, 150 KB]

   ...Distribution Manager had ended before he took up new employment. [57] It is inaccurate to describe Mr Slotemaker’s last day of work as Distribution Manager as being 24 December 2015. That was the last day he was required to undertake the duties and responsibilities of Distribution Manager because, thereafter, he was on annual leave until 15 January 2016. However, Mr Slotemaker continued to be paid as Distribution Manager after 24 December 2015 and throughout his leave. It is im...

2. Evidence Brief: Electronic monitoring for adult offenders [pdf, 353 KB]

   ...offenders’ families Qualitative research from New Zealandxxx and the UKxxxi noted that in some cases, a home detention sentence can place additional pressures on family members or housemates of an offender. Families can feel at least partly responsible for ensuring the offender’s compliance with the requirements of the sentence or order. However, in some cases EM can also cause some disruption for other residents in the offender’s house. For example, the random...

3. Draft Cost Benefit Analysis: AML Phase II [pdf, 296 KB]

   ...AML/CFT legislation coming into force next year. Critically, further investment will enable supervisory agencies to meet their new obligations under the Act and enhancements to the Financial Intelligence Unit’s (FIU) intelligence capability in response to the increased reports that will arise. New Zealand is a member of the Financial Action Task Force (FATF). FATF set standards and undertakes reviews of member countries. The operational effectiveness of New Zealand’s AML/CFT reg...

4. INZ (Gilray) v Singh [2019] NZIACDT 53 (29 July 2019) [pdf, 212 KB]

   ...with them first. [71] In respect of the second head of complaint, Mr Singh admits he did not have direct contact with the clients. This is a breach of cl 2(e) in failing to obtain the clients’ informed instructions. He cannot delegate that responsibility to another person, as the obligation to obtain instructions is personal to him. Nor can he rely solely on what Ms G tells him and/or the answers on the checklists as he does not know what advice Ms G was giving them which led t...

5. INZ (Calder) v Wong [2019] NZIACDT 44 (27 June 2019) [pdf, 158 KB]

   ...September 2017 that Mr L had signed a blank application form. He was also requested to produce certain pages from the criminal trial bundle of evidence. [54] A further statement of reply (dated 1 May 2019) was filed by Mr Wong on 2 May 2019. In response to the request to provide pages from the criminal bundle, he mistakenly produced pages from the trial transcript. [55] Given the inconsistency between Mr Wong’s letter of 5 September 2017 and his explanation of 1 May 2019, the...

6. [2020] NZEmpC 142 Kwik Kiwi Cars Ltd T/A Mark Cromie Motor Group v Crossley [pdf, 308 KB]

   ...said he understood she was upset when she left. He confirmed that MCMG would pay standard wages until 7 June 2019, without her having to return to work. He asked her to contact him if she needed anything else. [41] Ms Crossley sent an email in response, confirming she had indeed been upset about what happened. She said she would definitely have wished to have had a support person if she knew she was going to be fired. She had been called suddenly to a meeting and was surprised...

7. [2020] NZEmpC 99 Assoc of Professionals and Executive Employees Inc v Counties Manukau District Health Board [pdf, 299 KB]

   ...was argued for APEX. It is a case of considering, as noted earlier, whether the post-contract evidence establishes facts or circumstances capable of demonstrating objectively what meaning the parties must have intended. As noted, the initial response of both parties to the terms of clause tends to demonstrate what the parties intended. That response is a confirmatory cross- check to the conclusions reached when interpreting cl 14.1. [65] Finally, I was referred by both counsel to...

8. Nikora v Te Uru Taumatua - Te Uru Taumatua Trust [2020] Maori Appellate Court MB 248 (2020 Appeal 248) [pdf, 308 KB]

   ...of TUT. On 12 October 2018, Mr Kruger responded to Mr Nikora’s solicitor stating that: 2020 Māori Appellate Court MB 250 The hapū selection process is determined by the hapū and we, the trustees of the board are satisfied with the response and action of the Ruātoki Tribal Authority. [8] On 1 December 2018, a notice of dispute in accordance with the Trust deed was sent to the trustees on behalf of Te Kohinga and Te Kaunihera Kaumātua ō Tūhoe. The matters in dispute...

9. Joint Application to Make a New Parenting Order by Consent [pdf, 603 KB]

   ...1Joint Application to Make a New Parenting Order by ConsentV1 July 2019 G U ID E The purpose of this form Use this form if you and all other ‘interested parties’ (any parent, guardian, person named on an existing Order or has care and/or contact responsibilities of the child(ren)) have reached agreement about arrangements for day to day care and/or contact of the child(ren) and you want the court to make a Parenting Order by consent. Who should fill in this form? This form must be com...

10. [2018] NZEmpC 91 Pan Pac Forest Products Ltd v First Union [pdf, 431 KB]

    ...again that no redundancies were proposed: In advance of the meeting, of course, we would welcome any written feedback on the proposal and any alternatives to it. We would obviously not make any decisions until we have heard your submissions in response, but as indicated, we do not see that Step Two of the process requirements would follow, as the proposal does not contemplate the immediate disestablishment of any position or any redundancies at this time. [28] The parties atte...