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1. BP v YF LCRO 142 / 2010 (24 March 2011) [pdf, 98 KB]

   ...or operate his driving instructor‟s business. [3] Since then he had endeavoured to have these endorsements reinstated so that he could recommence earning a living in the field in which he had operated since 1986. [4] An application for reinstatement in 2005 had failed, as had an appeal against that in 2006. [5] In 2008 he instructed Mr YF (the Practitioner) to act on his behalf to again apply for reinstatement. 2 [6] In a letter dated 21 August 2008, the Practitioner ad...

2. [2024] NZEmpC 4 Bread of Life Christian Church in Auckland v Chen [pdf, 221 KB]

   ...Trust therefore stopped paying Mr Chen at that time.3 [13] Mr Chen says he was unjustifiably dismissed. [14] The Authority found that the relationship between Mr Chen and the Trust was an employment relationship and ordered Mr Chen’s interim reinstatement within seven days of the date of the determination.4 [15] The plaintiff has applied for a stay of that order. [16] This problem is longstanding – Mr Chen filed his statement of problem in the Authority on 5 July 2022. The p...

3. [2023] NZEmpC 126 Caisteal An Ime Ltd v A Labour Inspector [pdf, 226 KB]

   ...commitments the company made to remedy breaches it agreed were committed. The argument tried to deflect attention away from the company’s refusal to respond to the 7 Employment Relations Act 2000, s 223B(2). It remained binding unless the inspector consented to allow the company to withdraw from it, which had not happened. notice and to mount unsupported, and unsupportable, challenges to the Inspector’s use of her powers. [47] The second submission that needs to b...

4. Survey on public attitudes towards the physical discipline of children [pdf, 449 KB]

   Survey on public attitudes towards the physical discipline of children Sue Carswell Ministry of Justice ii First published in November 2001 by the Ministry of Justice PO Box 180 Wellington New Zealand © Crown Copyright ISBN 0-478-20159-1 iii Foreword Section 59 of the Crimes Act 1961 provides a defence to parents charged with various offences relating to physical assaults of their children. The Government is currently considering issues related to section 59, in the context of

5. Regulatory Impact Statement child witnesses in the criminal courts proposed reforms [pdf, 258 KB]

   Regulatory Impact Statement | Child witnesses in the criminal courts: proposed reforms 1 Regulatory Impact Statement Child witnesses in the criminal courts: proposed reforms Agency Disclosure Statement This Regulatory Impact Statement has been prepared by the Ministry of Justice. It analyses proposals that aim to improve the accuracy and completeness of children’s evidence in criminal cases by reducing the time delay before children give evidence at court and address...

6. [2014] NZEmpC 119 Pact Group v SFWU & PSA [pdf, 271 KB]

   ...that “automatic” in this sense means as a matter of course, without conscious or deliberate consideration or, more particularly, absent a request to pass on. Automatic passing on does not necessarily mean doing so in the absence of union consent because clause 1.5 addresses expressly the giving of consent by the union to passing on. [28] The parties to clause 1.5 must have contemplated at least two scenarios. The first was the adoption of collectively negotiated and settled...

7. [2018] NZEmpC 110 A Labour Inspector v Prabh Ltd [pdf, 508 KB]

   ...2016 behaviour is concerned, the defendants should have been aware, as responsible employers, of the new enforcement regimes introduced into the Act. The claims made by the Labour Inspector and the pleadings [12] The plaintiff filed an amended statement of claim in the proceedings filed directly with the Court. Separate remedies are sought against the three defendants respectively. The following remedies are sought against Prabh: a. that this Court exercise its powers under s...

8. ENVC speech Harland Environment Law Regulation conf 2012 [pdf, 130 KB]

   ...[43] It should be recognised that despite the matters to which I have referred, it can properly be anticipated that the next generation of plans will be much better as a result of what has been learnt thus far. As regional and national policy statements develop, this too will also assist to provide direction. [44] For these reasons, it would be foolish to assume that the future experience in this area will repeat the past. Time delays [45] Although I have covered this topic...

9. LCDT - 2015 annual report [pdf, 249 KB]

   ...of a practitioner’s right to legal representation and other natural justice principles. The Tribunal is always conscious that these are cases where a lawyer’s career (often lengthy) is at stake. On the other hand, we are mindful of the clear statements of the higher courts about expeditious disposition. In the Orlov3 decision referred to above, the Court emphasised the statutory objectives: “[166] As a legal practitioner, Mr Orlov is subject to his profession’s discipli...

10. Aylesbury v Milton LCRO 61 / 2009 (31 July 2009) [pdf, 36 KB]

    ...enforceable by the issue of a bankruptcy notice. In the submissions of Mr Aylesbury some observations were made as regards the procedure of this office. I do not consider that they need to be separately addressed. [3] The parties have consented to this matter being considered without a formal hearing and therefore in accordance with s 206(2) of the Lawyers and Conveyancers Act this matter is being determined on the material made available to this office by the parties and...