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1. [2013] NZEmpC 157 Service and Food Workers Union Nga Ringa Tota Inc v Terranova Homes and Care Ltd [pdf, 343 KB]

   ...1989 - was seeking to achieve. [100] Ultimately we do not draw assistance from a subsequent Parliament’s expressed view of what an earlier and differently constituted Parliament may or may not have intended when enacting legislation. [101] Nor do we consider that the interpretative exercise is illuminated by the way in which subsequent bills, such as the Employment Equity Bill (No 2) 1990 and the Employment Relations Law Reform Bill 2003, have been crafted or dealt with. Wo...

2. Dorbu v The Lawyers and Conveyancers Disciplinary Tribunal Anor [2011] NZLCDT CIV 2009 404 7381 [pdf, 288 KB]

   ...of the Rules, and the earlier complaint by Justice Chambers confirms it is not the first time Mr Dorbu‘s integrity in communications with the Court has been called into question. We consider that it constitutes professional misconduct. [101] At para 48 of his amended statement of claim the applicant pleaded that ―the Tribunal‘s finding in this regard is perverse‖. The only ground given for this pleading is a reference in para 46 of the amended statement of claim to the e...

3. [2006] NZEmpC CC 7/06 NZ Meatworkers Union Inc v Alliance Group Ltd [pdf, 156 KB]

   ...required to perform specific work and are paid accordingly. Again, in common usage, it would be difficult to categorise the employment as being “continuous” in the sense of unbroken, uninterrupted, or connected throughout the off season. [101] Overall, we find the Holidays Act favours the defendant’s position. The case law [102] We are not persuaded by Miss French’s submission that we should adopt the dissenting judgment of Goddard CJ and reject the majority ju...

4. [2010] NZEmpC 4 Lewis v Howick College Board of Trustees [pdf, 156 KB]

   ...issues and to report to the full Board who were not so conflicted in their roles. Teaching cases in which this necessary avoidance of the appearance of bias is illustrated, include NZPPTA v Board of Trustees of Kelston Boys’ High School 1. [101] Mrs Simmons’s continued participation as a decision maker, and even more particularly as an influential decision maker, in her role as subcommittee and Board chairs, is not how a fair and reasonable Board of Trustees employer in these...

5. 2017 Ministry of Justice Annual Report [pdf, 3.7 MB]

   ...engagement with the Crown COMPLETING 24 ANNUAL REPORT 2016–17 Mandate recognised Terms of Negotiation signed Agreement in Principle signed Deed of Settlement initialled Deed of Settlement signed Legislation introduced Legislation enacted 4 102 1015 84 726 83 664 57 2 4 5 Treaty Settlement Process IN 2016–17 OVERALL 91% 74% 60% 61% 53% 46% 88% 26 ANNUAL REPORT 2016–17 ANNUAL REPORT 2016–17 27 COLLABORATION: HELPING EACH OTHER TO SUCCEED ADMINISTE...

6. Taylor v Corrections [2018] NZHRRT 35 [pdf, 308 KB]

   ...may not present challenge or difficulty, there will be cases in which context will be everything and that the ambit of disclosure will be controlled by the degree to which the context of the request is disclosed by the person making the request. [101] An agency (as here) faced with an “everything” request couched in general terms and which discloses nothing as to the purpose or context of the request is not required to speculate as to what the actual context might be. It is the req...

7. [2020] NZEmpC 62 Gibson-Smith v Ministry of Business, Innovation and Employment [pdf, 388 KB]

   ...statement in the new IEA altering the scope or description of duties which had applied to Mr Gibson-Smith for many years. This agreement also provided for variation of terms, provided these were in writing and approved by the parties: cl 4. [101] The reality was that Mr Gibson-Smith undertook the same duties thereafter, as he had undertaken for MBIE previously. Accordingly, the various statements in the IEA could not be construed as an agreement between the parties that there woul...

8. Wairakei Pastoral Limited [pdf, 452 KB]

   ...activity rules, low intensity farming and horticultural activities (not including commercial vegetable production), with low risk of diffuse discharge of those contaminants to water bodies, and requiring resource consents for all other activities 101. Amend Policy 2(a) as follows: Requiring farming activities with a Nitrogen Leaching Loss Rate within the Moderate Nitrogen Leaching Loss range set out in Schedule B Table 1 to obtain a resource consent, and to demonstrate that either the...

9. Justice Sector forecast 2011 to 2021 update quarter ending June 2012 [pdf, 1.3 MB]

   ...Conditions 1,061 993 -6.4%  Post-Detention Conditions 583 611 4.8%  Total starts on non-custodial orders 2,150 2,134 -0.7%  Difference Number of ‘starts’ on Expectation Actual Parole 2,145 2,018 -5.9%  Release on Conditions 4,364 4,101 -6.0%  Post-Detention Conditions 2,517 2,410 -4.3%  Total starts on non-custodial orders 9,025 8,529 -5.5%  Difference Muster numbers Expectation Actual Parole 2,178 2,095 -3.8%  Release on conditions 3,629 3,357 -7.5%  Post-D...

10. CAC 20004 v Li and Ors [2014] NZREADT 67 [pdf, 146 KB]

    ...negotiation stage with the vendor; and that he only realised to the contrary when he spoke to his accountant after having signed the binding contract. Evidence for the Defence Evidence from the first Defendant Mr Zhong Li (also known as Sam Li) [101] In the Mr Li's in evidence to the Authority he said that, at material times, he was an associated salesperson with the defendant Ms Wang at Barfoot & Thompson in Panmure. [102] Mr Li said that when he met the complainants at an...