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1. [2022] NZEmpC 200 Stewart v AFFCO New Zealand Ltd [pdf, 309 KB]

   ...Malone submitted that actual disadvantage was required to establish the personal grievance. This did not arise in the present case. Whilst there was a non-compliant availability provision, it was not enforced. Without Mr Stewart’s consent to varying the agreement by removal of the provision, AFFCO could only decline to enforce it. [32] He submitted that Mr Stewart was aware of this, he accepted overtime requests were not being enforced against him and he undertook ove...

2. Deputy Registrar v Moeahu - Lot 1 DP17494 Part Section 2345 New Plymouth (Old Railway Station) (2023) 468 Aotea MB 117 (468 AOT 117) [pdf, 339 KB]

   ...[10] There were justifiable delays in the filing of the further submissions as directed by Judge Harvey.4 Nonetheless a hearing was convened via Zoom on Tuesday 21 March 2023. Mr Watson appeared on behalf of former and current trustees (by consent) and addressed the Court on his written submissions dated 20 March 2023 covering all three outstanding issues. [11] Mr Watson also filed further submissions after the hearing, dated 11 April 2023. [12] By direction at 465 Aotea MB 4 on...

3. Williams v Attorney-General [2024] NZHRRT 1 [pdf, 214 KB]

   ...Ms Murray said that she showed Ms Williams the Tennet request and the Hikaka request and provided Ms Williams with a copy of the documents released in accordance with the Hikaka request. [34] Ms Murray said she asked Ms Williams whether she consented to the information in the Tennet request being released to Mr Tennet. Ms Murray’s evidence was that, in reply, Ms Williams said that she did not understand why her lawyer would be requesting further information than she had author...

4. Cummings v KAM Transport Limited [2025] NZHRRT 8 [pdf, 276 KB]

   ...by KAM to undertake a random drug test which was a term of his conditions of employment. [2] Mr Cummings claims that KAM interfered with his privacy by disclosing his personal information regarding the drug testing process to others without his consent in breach of the Privacy Act 1993 (PA).2 KAM denies Mr Cummings’ claim. BACKGROUND [3] Mr Cummings started his employment with KAM in or around 2016. Prior to joining KAM, Mr Cummings had worked as a truck driver for over thir...

5. IPT Annual Report 2024 [pdf, 484 KB]

   ...initial dismissal by the High Court. Matters Appealed to Higher Courts Since Tribunal’s Inception 290 171 30 9 79 44 0 50 100 150 200 250 300 350 Matters finalised Dismissed Allowed (Remitted Back to IPT) Settled by consent Discontinued; withdrawn or struck out Yet to be determined 16 Acknowledgements This is my second report as Chair of the Tribunal. I record my appreciation to the members of the Tribunal who have supported me and...

6. Auckland Standards Committee 3 v Woodroffe [2025] NZLCDT 1 (7 January 2025) [pdf, 258 KB]

   ...lawyers, even prosecutors and Crown solicitors. I can talk and discuss with the lawyers if it is ok if we look at reasonable ways to deal with costs or lower the costs. I told him that the lawyer can't proceed with anything unless the client consents to it as you are a Samoan. He told me: "If I say leave it then leave it. These things do not belong to you and that is it". I said to him 'Thank you but it is my duty and responsibility to make known to you all things bu...

7. Morrell v Wairoa-Waikaremoana Māori Trust Board - Lake Waikaremoana [2017] Chief Judge's MB 342 (2017 CJ 342) [pdf, 355 KB]

   ...that conclusion. He says there is no reference in the LWA to a trust being created, and a plain reading of that Act can only lead to the conclusion that a trust was not intended at all. He argued that the provisions of the LWA provide a clear statement of the scheme and framework for the ownership of the lake, the lease rentals, and the positions of the former owners. [65] Counsel submitted that it is obvious from a plain reading of s 13 of the LWA that absolute ownership of the...

8. Cabinet Paper: Strategic Approach to Support the Response to the Royal Commission of Inquiry into Historical Abuse [pdf, 834 KB]

   © Crown Copyright, Creative Commons Attribution 4.0 International (CC BY 4.0) Hon Chris Hipkins Minister of State Services Proposed Strategic Approach to Guide the Crown Engagement with and Response to, The Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-Based Institutions Date of Issue: 8 May 2019 Date 8 May 2019 Title: Proposed Strategic Approach to Guide the Crown Engagement with and Response to, The Royal Commission of Inquiry into Hi

9. Henare v Horowhenua District Council - Hokio A, Part Hokio A and Hokio Maori Township (2013) 310 Aotea MB 292 (310 AOT 292) [pdf, 502 KB]

   ...to the present. The owners and their whānau have also raised points over title extinguishment, customary rights and related considerations. HDC did not file any evidence. [41] In any event, by way of preliminary observation, it is an understatement to note that even a cursory review of the existing historical evidence confirms that the bundle of issues surrounding these lands are very challenging. The complicated legal, political and tribal disputes over the Horowhenua lands t...

10. [2024] NZEmpC 147 MW v Spiga Ltd [pdf, 740 KB]

    ...second stage assessment, recognising that “open justice remains a strong and important value because it is fundamental.”49 Although the Court was dealing with the statutory provisions relating to criminal proceedings, it expressly endorsed the statement in Erceg, referred to above.50 [39] As a civil case, Erceg is of more direct relevance to Employment Court proceedings. In that judgment, the Supreme Court stated that, in seeking a departure from open justice, “the party see...