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1. [2023] NZEmpC 150 KN v New Zealand Steel Ltd [pdf, 169 KB]

   ...grounds on which the defendant makes this application are: 1 Erceg v Erceg [2016] NZSC 135, [2017] 1 NZLR 310; Crimson Consulting Ltd v Berry [2017] NZEmpC 94, [2017] ERNZ 511; GF v Comptroller of the New Zealand Customs Service [2023] NZEmpC 101 at [190]. 2 UCF v B Ltd [2023] NZERA 362. 3 At [12]. (a) The former employee is not a party to these proceedings and there is no public interest in their identity being published in connection to them. (b) The public intere...

2. Steele v MSC 2018 Ltd (Removal of Stay and Extension of Time) [2020] NZHRRT 6 [pdf, 467 KB]

   ...to be filed and served by 3 April 2020. [9] A teleconference will be convened following the filing of the statement of reply for the purposes of timetabling pre-hearing steps. ORDERS [10] For the reasons given the following orders are made: [10.1] The order made by the Chairperson on 13 May 2019 staying these proceedings is set aside. [10.2] MSC 2018 Limited is granted leave to file and serve its statement of reply by 4pm on Friday 3 April 2020. [10.3] The Secretary of the Tribun...

3. Suk Yu v Mizoguchi [2016] NZIACDT 28 (25 May 2016) [pdf, 68 KB]

   ...refund Mr Yu the sum of $1,660 in fees; and [8.2] Mr Mizoguchi is to pay compensation of $3,000 to Mr Yu. [9] The payments are payable forthwith. [10] Mr Mizoguchi is to enrol in the Graduate Diploma in New Zealand Immigration Advice (Level 7): [10.1] He is to enrol in the course to commence in July this year or February 2017; [10.2] He is to complete the requirements for the issue of the Graduate Diploma before the end of 2017. [11] The Tribunal reserves leave for Mr Mizoguchi or...

4. BORA Terrorism Suppression Amendment Bill [pdf, 273 KB]

   ...for example, Canada (Minister of Employment and Immigration) v. Chiarelli [1992] 1 S.C.R. 711 (at paragraph 48); Ruby v. Canada (Solicitor General), [2002] 4 S.C.R. 3 (at paragraphs 43 and 44); Charkaoui [2004] 3 F.C.R. 32 (F.C.) (at paragraphs 100, 101); R. v. Shayler, [2002] 2 All E.R. 477 (H.L.); Murray v. United Kingdom (1995), 19 EHRR 193 (E.C.H.R.) (at paragraph 58); Vereniging Weekblad Bluf! v. Netherlands (1995), 20 EHRR 189 (E.C.H.R.) (at paragraphs 34 and 35). 7. We consider th...

5. ADE v ZWV [2012] NZDT 186 (3 October 2012) [pdf, 47 KB]

   ...employment. [5] The employment contract had ended at the time the overpayment was made. The Applicant’s claim is not founded on contract and there has been no breach of contract by the Respondent. [6] The Tribunal has jurisdiction under s 10(1)(a) of the Disputes Tribunals Act 1988 to determine the matter under quasi-contract. [7] Under quasi-contract, an obligation arises where one person has been unduly enriched at the expense of another and is required quasi ex...

6. [2022] NZEnvC 014 Abraham v Auckland Council [pdf, 205 KB]

   ...[6] [7] [8] [9] 5 Leave is reserved for any party to apply for further or other orders at any stage until the substantive appeals are determined. ______________________________ D A Kirkpatrick Chief Environment Court Judge [101

7. Employment Court cases scheduled for 15 February 2023 3 March 2023 [pdf, 98 KB]

   ...relevant Court Registry. THE EMPLOYMENT COURT OF NEW ZEALAND TE KŌTI TAKE MAHI O AOTEAROA HEARINGS IN OPEN COURT OR VIA REMOTE PARTICIPATION* 15 February 2023 – 3 March 2023 LOCATION DATE JUDGE(S) CASE REPRESENTATION Courtroom 1.01, Nelson High & District Court, 200 Bridge Street, Nelson Monday 13 February 2023 9:30am Tuesday 14 February 2023 9:30am Wednesday 15 February 2023 9:30am Thursday 16 February 2023 9:30am Judge S...

8. Tweeddale v Pearson [2010] NZWHT Wellington 4 [pdf, 230 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2008-101-000067 [2010] NZWHT WELLINGTON 4 BETWEEN CONCHITA TWEEDDALE Claimant AND MICHAEL PEARSON First Respondent AND KAREN TUCKER Second Respondent AND PALMERSTON NORTH CITY COUNCIL Third Respondent AND PAUL HUMPHRIES Fourth Respondent AND STEVEN HARLEY Fifth Respondent AND SARAH SMITH and BARRY NIX trading as BARRAKUDA DESIGNS Sixth Respondent Hearing: On the papers Decis...

9. [2022] NZEmpC 231 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 189 KB]

   ...MERAS may not make any application for costs. B A Corkill Judge Judgment signed at 1.50 pm on 13 December 2022 2 Ovation New Zealand Ltd v New Zealand Meatworkers and Related Trades Union Inc (No 3) [2018] NZEmpC 101 at [6]−[8].

10. Public Service Legislation Bill Advice [pdf, 150 KB]

    ...outlined in cl 42 of the Bill, particularly as they relate to the overall design and operation of all areas of government, the promotion of integrity and conduct, 1 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 2 RJR MacDonald v Attorney-General of Canada (1995) 127 DLR (4th) 1. accountability, and transparency throughout agencies in the State services, and acting as the employer of public se...