Search Results

1. MLC 2017 August Outstanding OCR Applications [pdf, 345 KB]

   ...October 1977 - Application to the Chief Judge A20120015167 45/93 Mohi Wiremu Hotene Paratene Mita Hotene - and orders dated 1 September 1998 and 28 January 2000 at 90 WHK 405-407 and 92 WHK 250-251 - Application to the Chief Judge A20130001014 45/93 Lynette Hatton, Jeanette Fifield CJ2013/3 - Mere Porotene – and succession orders made at 6 ADWG 312 dated 12 March 1990 - Application to the Chief Judge A20130001188 45/93 Rena Scott Wharepouri Paoro or Wharepouri Ho...

2. [2008] NZEmpC WC 13B/08 Mana Coach Services Ltd v NZ Tramways and Public Passenger Transport Union Inc [pdf, 102 KB]

   ...have performed. The Authority’s decision on this point was correct. [100] The penalty imposed on MCSL for unlawful strike breaking was based on wrong conclusions and this order is set aside. Direct bargaining communications – Decision [101] I agree with the Authority’s determination of this part of the case. The company’s 6 August written communications with staff, who were Tramways Union members, together amounted to bad faith behaviour in breach of s32(1)(d) of the...

3. Hastie and Dredge TRI-2023-100-001 Procedural Order 5 [pdf, 251 KB]

   ...claimants’ and the sixth respondent’s respective relevant interests.24 [100] On the one hand, a claimant should not be lightly deprived of the right to sue a respondent who they allege is liable to them under an otherwise eligible claim. [101] On the other hand, a respondent should not be required to answer a claim in circumstances where the claimant’s inordinate and inexcusable delay seriously prejudices that respondent to an extent which is inequitable. The analogy...

4. [2023] NZEnvC 206 Woolley v Marlborough District Council [pdf, 384 KB]

   ...further information incorporated by a condition can be construed as restricting the description of the activity in the substantive grant of consent to the extent that it is not able to be carried out at all, as the Council contends in this case. [101] I now turn to consider whether that would be an interpretation open to a reasonable observer interested in understanding precisely what U060329 allowed, by reference to the condition. Application of the objective test to the facts...

5. Proactive release - Seventh Periodic Report under the Convention Against Torture [pdf, 2.5 MB]

   ...on secure residences. 5. Combat of gender-based violence 34. Our rates of gender-based violence are high. Family Violence investigations 2011 2012 2013 2014 2015 2016 2017 Total family violence investigations 89,877 87,634 95,061 101,465 110,129 118,923 121,753 At least one offence recorded 44,486 40,682 37,902 37,194 38,340 41,128 39,680 No offence recorded 45,391 46,952 57,159 64,271 71,789 77,795 82,073 Prosecutions and Convictions for Male Assaults Female 2011-...

6. LCRO 210/2018 RF v TG (27 August 2020) [pdf, 231 KB]

   ...proportional return for the costs expended. [99] Mr RF argued that Ms TG’s case was not straightforward. He described it as a case of some complexity. [100] I disagree. 16 At [27]. 16 [101] I agree with the cost assessor that the claim was not overly complex. [102] At the heart of Ms TG’s claim was argument that she had not been adequately remunerated by her employer for holiday pay owing and that she had not received the...

7. [2023] NZEmpC 237 Total Property Services (Canterbury) Ltd v Crest Commercial Cleaning Ltd [pdf, 377 KB]

   ...relating to the employee”. What is meant by personnel records is not defined and the phrase is not repeated in pt 6A. The phrase suggests, at first blush, everything that has been kept by the outgoing employer about the transferring employee. [101] However, reading the section in the broad way invited by Crest overlooks two potential qualifications. The first one arises from the expression itself. The other comes from considering other sections in pt 6A (in particular ss 69A...

8. LCRO 71/2022 OM v NT (22 July 2024) [pdf, 239 KB]

   ...question falls away. (h) If the applicant breached s 114 of the Act, was the Committee’s compensation order appropriate? [100] This question also falls away. (i) Did the applicant breach reg 9 of the TA Regulations and r 9.3 of the Rules? [101] The Committee’s discussion of the issue of the applicant’s debiting of fees from funds held in trust is surprising. Rule 9.3 of the Rules provides that: A lawyer who wishes to debit fees held in trust or to receive funds to cover fees...

9. When somebody dies suddenly - Samoan [pdf, 865 KB]

   ...455 (24 hours) info@sids.org.nz sids.org.nz Skylight Fesoasoani i taimi faigata mo fanau ma aiga 0800 299 100 skylight.org.nz Fesoasoani tau tupe ACC Fesoasoani pe afai na maliu se tasi o le aiga i se faalavelave faafuasei 0800 101 996 acc.govt.nz Work and Income mo se seleni e totogi ai le tapenaga o le maliu poo isi fesoasoani tau tupe (e fuafua i le tupe maua) 0800 559 009 winz.govt.nz Fesoasoani faatino Pe a fia maua se fale maliu e lata ane ia te oe, s...

10. AJE, CDE, and JPS as Trustees of the EE Family Trust v Vero Insurance New Zealand Ltd [2020] CEIT-2020-0009 [pdf, 348 KB]

    ...also questioned the size of the storm water line which he said might not have the capacity to manage runoff unless it was built to a sufficient gradient. Neither he nor any of the experts knew the gradient of the slope or the stormwater line. [101] At the time the photos were taken by Mr Duke in 2020 Mr E and Ms D no longer lived at the property. In consideration of the course of nature and life, video and photographic evidence taken some time after the Rainfall Event, in 2015 and 20...