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1. [2024] NZEmp 56 KiwiRail Ltd v Rail & Maritime Transport Union Inc [pdf, 303 KB]

   KIWIRAIL LIMITED v RAIL AND MARITIME TRANSPORT UNION INCORPORATED [2024] NZEmpC 56 [27 March 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2024] NZEmpC 56 EMPC 265/2022 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN KIWIRAIL LIMITED Plaintiff AND RAIL AND MARITIME TRANSPORT UNION INCORPORATED Defendant Hearing:...

2. Manahi v The Māori Trustee – Kapenga A5 (2018) 184 Waiariki MB 168 (184 WAR 168-180) [pdf, 304 KB]

   ...result, the Court must decline a recall for the purpose of seeking orders under those sections. In reliance on Henderson v Henderson counsel says that the 10 Snowdon v Radio New Zealand Ltd [2013] NZEmpC 91 at [7]. 184 Waiariki MB 177 Court would have to disallow any new arguments if it recalled the application therefore making it futile for the Court to grant the recall application.11 [42] In summary, Mr Bidois submits tha...

3. Human-Rights-Commission-submissions-on-scope-of-inquiry.pdf [pdf, 379 KB]

   ...NZSC 101, [2012] 2 NZLR 305, (2011) 9 HRNZ 424 at [36] per Elias CJ. 23 R v Hansen [2007] 3 NZLR 1 at [179] per McGrath J. 24 At [252]. 25 At [252]. 26 Quilter v Attorney-General [1998] 1 NZLR 523, at 530. 27 See Fleming v Attorney-General [2021] NZEmpC 77 at [34] and [65]. 8 developed significantly in other commonwealth jurisdictions, such as the United Kingdom28 and Australia.29 25. The Commission submits that the primary human rights principles engaged in respect of sc...

4. Hammond v Credit Union Baywide [2015] NZHRRT 6 [pdf, 265 KB]

   ...straightforward process. The facts do not call for observations to be made about the application of those principles in the context of social networking sites. Contrast Senior v Police [2013] NZFLR 356 (HC) and Hook v Stream Group (NZ) Pty Ltd [2013] NZEmpC 188 at [29] to [37]. A further point to be made is that the manner in which the case has been framed by the parties has made it unnecessary for the Tribunal to consider the possible application of the New Zealand Bill of Rights Act...