Search Results

1. [2020] NZEmpC 225 Davis v Idea Services Ltd [pdf, 368 KB]

   ...ground that by the time of the subject events, ISL had an obligation to take all reasonable and practicable steps to maintain a safe workplace under that statute. [41] The scope of those obligations was succinctly summarised by the Court of Appeal in Attorney-General v Gilbert, when the Court observed:11 [83] ... The standard of protection provided to employees by the Health and Safety and Employment Act is ... a protection against unacceptable employment practices which have to...

2. [2020] NZEmpC 230 Arachchige v Rasier New Zealand Ltd [pdf, 398 KB]

   ...been expressed about the rights of Uber drivers in many jurisdictions, and cases have been taken with mixed results. [23] At the time this case was being heard in New Zealand, a case was proceeding to the United Kingdom Supreme Court, with Uber appealing a finding that Uber drivers in the UK were “workers”. [24] Cases have also proceeded in other jurisdictions, including France, Australia, Canada and the United States of America. [25] Both parties acknowledge that the le...

3. Singh v Singh and Scorpion Liquor (2006) Ltd [2016] NZHRRT 38 [pdf, 274 KB]

   ...Denyer v Scorpion Liquor (2006) Limited [2012] NZERA Auckland 448 5392831, 11 December 2012. 12 employees to sign the entries about them or confirm their hours because the diary was for his use only. [52] He accepted that he did not appeal either decision. Like his mother, he said the reason the wage arrears were not paid for 20 months was that his funds were frozen by the restraining orders. [53] Shane Singh said he assumed that all the mail delivered to Scorpion...

4. [2022] NZEmpC 78 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 409 KB]

   ...[7]. 16 Aviation and Marine Engineers Association Inc v Air New Zealand Ltd [2013] NZEmpC 172 at [71]−[72]; New Zealand Airline Pilots’ Association Inc v Air New Zealand Ltd [2014] NZEmpC 168, [2014] ERNZ 709 at [14] and [17]; not doubted on appeal – Air New Zealand Ltd v New Zealand Air Line Pilots’ Association Inc [2016] NZCA 131, [2016] 2 NZLR at [76], and New Zealand Air Line Pilots’ Association v Air New Zealand Ltd, above n 10, at [74] and [77]. [33] The su...

5. [2015] NZEmpC 210 Allied Investments Ltd t/a Allied Security Ltd v Marriott [pdf, 214 KB]

   ...provide access to information relevant to the continuation of the employee’s employment as well as an opportunity to comment on such information prior to the decision being made. 6 [42] In Air Nelson Limited v C, Air Nelson applied for leave to appeal against a decision of this Court, asserting that the Court had erred in its application of the test of justification by reaching its own view of the facts. 7 The Court of Appeal rejected that proposition and held: [19] Section...

6. [2024] NZEnvC 290 Save the Maitai Inc v Nelson City Council [pdf, 736 KB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 290 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act and Private Plan Change 28 to the Nelson Resource Management Plan BETWEEN SAVE THE MAITAI INCORPORATED (ENV-2022-CHC-65) Appellant AND NELSON CITY COUNCIL Respondent AND CCKV MAITAI DEV CO LP & BAYVIEW NELSON LIMITED Applicants Court:...

7. Discussion Document Review of the Courts Remote Participation Act 2010 [pdf, 487 KB]

   ...included in the purpose statement? 15 Which courts an Act should apply to Current law The Act applies generally to all courts. Separate legislation applies to tribunals. The Act defines courts to include the Supreme Court, the Court of Appeal, the High Court, and the District Court. It also includes the following specialist courts: the Employment Court, the Environment Court, the Māori Appellate Court, and the Māori Land Court. The Act also applies to the Court Martial a...

8. Ryang v Auckland Council [2011] NZWHT Auckland 21 [pdf, 282 KB]

   ...is an experienced surveyor, and Mr Cartwright, who is an experienced builder and former building inspector, that the drawings were sufficient to allow a competent builder to complete a weathertight home satisfactorily. [80] The Court of Appeal in Sunset Terraces upheld Heath J’s conclusions that designers in preparing plans are entitled to assume that a reasonable builder would have access to and rely on 21 See...

9. Proactive-release-Re-written-Evidence-Regulations-6-July.pdf [pdf, 1023 KB]

   ...20. The second issue is the obligation to destroy video evidence 10 years after the court proceeding is finally determined or discontinued (or 7 years after it was made, if not used in court). Those obligations do not reflect modern practice around appeals, which can be initiated significantly after the 10-year period, or the recording’s potential value as propensity evidence4 in later cases. 21. I propose to remove the obligations so that, after the period the video evidence must be r...

10. Toia v Corrections (Jurisdiction) [2018] NZHRRT 46 [pdf, 299 KB]

    ...drafted with the assistance of Mr Taylor who was also then at Auckland Prison. The 5 judgment of Brewer J in the High Court is to be found in Toia v Prison Manager, Auckland Prison [2014] NZHC 867 (30 April 2014). Mr Toia’s unsuccessful appeal to the Court of Appeal is recorded in Toia v Auckland Prison [2015] NZCA 624 (18 December 2015). [18] The claim was heard by Brewer J over 10 days in the period mid-2013 to late 2013. Mr Taylor gave evidence for Mr Toia by AVL. [19] M...