Search Results

1. [2012] NZEmpC 109 Shelby Park Ltd v Blackie [pdf, 186 KB]

   ...lost by that employee as a result of the personal grievance, a sum greater than that to which an order under that subsection may relate. [77] In the leading decision on the section, Sam’s Fukuyama Food Services Ltd v Zhang, 4 the Court of Appeal found that although ss 128(2) and (3) refer only to the Authority it is also to apply to the Employment Court. 5 The Court of Appeal rejected a submission that the total package of remedies must be considered when determining the am...

2. [2014] NZEmpC 214 The Selwyn Foundation v Nayathodan [pdf, 83 KB]

   ...– not only to the applicant but also affected non-parties. Although an ability to challenge the refusal of a non-publication order at an interlocutory stage may disrupt unfinished Authority business, in the sense identified by the Court of Appeal in Rawlings, its distinguishing characteristic is that it is not the sort of determination that can subsequently be remedied on a challenge or by way of review. The horse will have well and truly bolted by that stage. … [27] In t...

3. Parata - Waitangi A1 A2 (2020) 95 Tairawhiti MB 210 (95 TRW 210) [pdf, 206 KB]

   ...experience, and knowledge of the individual. The Court cannot appoint any individual unless it is satisfied that the appointment would be broadly acceptable to the beneficiaries of these trusts. 95 Tairawhiti MB 215 [14] The Court of Appeal decision Clark v Karaitiana is the leading authority on the appointment of trustees.3 Two relevant points from that decision apply to the facts presented here:4 (a) the views of the beneficial owners of the trust are relevant to, but do...

4. BORA Health (Protection) Amendment Bill [pdf, 304 KB]

   ...this is possible while protecting public health. • Individuals are required to be kept informed about the nature of any power that is exercised and its implications, any steps planned to be taken in respect of the individual, and the right to appeal or to apply for judicial review. • Any measure should not be applied for longer than is necessary to minimise the public health risk posed by the individual. Section 11 - Right to refuse medical treatment 8. The Bill contains new pow...

5. BORA Taxation (Income Tax Rate and Other Amendments) Bill [pdf, 235 KB]

   ...right has been interpreted as including the right not to be compelled to say certain things or to provide certain information.1 1 For example, Slaight Communications v Davidson 59 DLR (4th) 416; Wooley v Maynard 430 US 705 (1977). The Court of Appeal has confirmed that every person has a general common law right to refuse to answer questions posed by an official: Taylor v New Zealand Poultry Board [1984] 1 NZLR 349 (CA); Paul Rishworth et al. The New Zealand Bill of Rights (Oxford...

6. CAC 20006 v Azimi [2014] NZREADT 97 [pdf, 33 KB]

   ...Authority as prosecutor. That $5,000 is to be paid to the Registrar of the Authority at Wellington within two calendar months of the date of this decision. [26] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member _____________________________...

7. [2014] NZEmpC 69 H v A Limited Interlocutory [pdf, 77 KB]

   ...unjustified dismissal. 1 On the same date, however, the Authority nevertheless made a limited order prohibiting publication of such information until 20 January 2014, allowing the plaintiff time to inform his family and to exercise his rights of appeal. The plaintiff challenged this determination on 13 January 2014. [4] On 17 January 2014 the Court made the following interim orders. 5. Pursuant to cl 12 of Schedule 3 to the Employment Relations Act 2000 I make an order prohibi...

8. Winitana - Mokau Reserve (2018) 77 Tairawhiti MB 187 (77 TRW 187) [pdf, 283 KB]

   ...Court hearing was well attended with approximately 40 people present. Of those 40, ten spoke. 10 Wall v The Maori Land Court - Tauhara Middle 15 Trust [2010] Maori Appellate Court MB 55 (2010 APPEAL 55). 77 Tairawhiti MB 193 [25] Mr Vernon Winitana put his case very succinctly and after hearing what others had to say, was given the right of reply. He drew my attention to the kaupapa of the legislation and I do not at all...

9. Waaka - Paengaroa North A1 Section 2 Block (2021) 262 Waiariki MB 37 (262 WAR 37) [pdf, 235 KB]

   ...However, this needs to considered within the circumstances of the case. [18] Part of the attraction of the sale for Mr Waaka is that he will receive a benefit from the land during his lifetime that is otherwise unavailable. This is particularly appealing given the shares do not currently provide him dividends, kaumātua grants or any benefits. Although, the trust has previously provided dividends and kaumātua grants, as noted in the Trust recent AGM report, all owners’ distrib...

10. National Standards Committee 2 v Mr Y [2023] NZLCDT 1 (12 January 2023) [pdf, 163 KB]

    ...Standards Committee [2017] NZHC 1824. 10 Auckland Standards Committee 1 v Tregenza [2016] NZLCDT 31. 11 Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 47. 6 [21] In relation to the second charge, the Jefferies matter, on appeal, resulted in a suspension of four months. We accept Mr Napier’s submission that the mitigating features present in this case were not present in Jefferies and we note that Mr Jefferies also misled the Police at the time of his...