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1. [2016] NZEmpC 74 Tairawhiti District Health Board v NZ Nurses Organisation Inc [pdf, 275 KB]

   ...For a consideration of the principles of contract interpretation as applied to collective agreements, see New Zealand Airline Pilots’ Assoc v Air New Zealand Ltd [2014] NZEmpC 168 at [10]-[21]. (While the conclusion in this case was reversed on appeal, the principles of interpretation as expressed in the judgment were affirmed). the collective agreement itself. I deal first with this factor, which arguably favours the plaintiff’s interpretation. [37] The collective agr...

2. Corrigan - Ngatihine H2B (2014) 71 Taitokerau MB 72 (71 TTK 72) [pdf, 210 KB]

   ...way those policies are being implemented, but in order to see whether a policy is working at ground level in the best interest of the beneficiaries the Court can hardly avoid some consideration of particular operational matters. the Court of Appeal commented on this Court’s extensive powers to review a trust: [22] There is indeed a danger that by concentrating too much on detail the Court could distract itself from the real issues facing a trust, which may require its direction,...

3. MLC March 2020 National Panui [pdf, 492 KB]

   ...APPLICANT: SUBJECT: A20190011273 58/93 Miha Mokaraka, Anne Thompson, Ida Morgan, Martha Waiti, Barney Mokaraka, David Mokaraka, John Mokaraka Pani Mokaraka - and orders made at 2019 Chief Judge's MB 1137-1161 on 1 November 2019 - Notice of Appeal A20190011345 45/93 George Blake CJ 2019/42 - George Blake also known as Hemopereki Meremere or James Hemopereki Meremere Blake - and an order made at 8 Registrar's (Waiariki) MB 66 on 23 December 1996 - Application to the Chief...

4. Proactive-release-Legal-Services-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...this Bill create, amend, or remove: (a) offences or penalties (including infringement offences or NO penalties and civil pecuniary penalty regimes)? (b) the jurisdiction of a court or tribunal (including rights to NO judicial review or rights of appeal)? The Bill does not directly amend offences or penalties. It removes legal aid funding for s27 reports which, as noted above, provide information that informs judicial decisions about the type and length of a sentence. 3.4.1. Was the...

5. INZ v Soni [2018] NZIACDT 6 (9 March 2018) [pdf, 315 KB]

   ...or her account of the matters charged, there can be no complaint if the Tribunal draws the unfavourable evidentiary inference which absence from the witness box commonly attracts. [64] In Ithaca (Custodians) Ltd v Perry Corporation the Court of Appeal considered what inferences may be drawn from the absence of witnesses.9 The Court observed: [153] …The absence of evidence, including the failure of a party to call a witness, in some circumstances may allow an inference that the mi...

6. [2006] NZEmpC WC 10/06 Timmins v Asure New Zealand Ltd [pdf, 121 KB]

   ...different. Mr Timmins’s promised work ended on 4 January 2002. He did not work after that date, or even seek work with ASURE even when he went to Imlay on 7 January 2002 to collect the employment agreements. [90] As was confirmed by the Court of Appeal in Warwick Henderson Gallery Ltd v Weston2 an oral agreement of employment is enforceable even though the ERA requires employment agreements to be in writing. In this case, however, it is inarguable that any oral offers of emp...

7. Ministry-of-Justice-National-Panui-June-2022-web.pdf [pdf, 463 KB]

   ...on 26 August 2014 - Application to the Chief Judge A20220005916 45/93 Dennis Wattie McDonell Section 4 Block 1 Pipiriki Township - and an order made at 141 Whanganui MB 17 - application to the Chief Judge A20220006084 58/93 Hareruia Aperahama Appeal 2022/5 - Sections 57, 58, 70, 72 and 100 of the Ratana Pa Block - and a decision made on 11 April 2022 at 447 Aotea MB 93 -107 - Notice of Appeal 50 NATIONAL PÄNUI - Pipiri / JUNE 2022 - P 2021 31 9 2022) 1. The COVID-19 Prot...

8. Pomare - Estate of Peter Here Pomare (2015) 103 Taitokerau MB 95 (103 TTK 95) [pdf, 264 KB]

   ...tikanga for a whangai who is not of the bloodline or of the whakapapa to the land to succeed to those land interests outright. I understand that such tikanga applies generally throughout the Taitokerau and reflects the tikanga discussed in the Re An Appeal by Waimania Hohua decision concerning Tuhoe where the expert witness, Professor Milroy, offered the view that it is “unlikely that the Tuhoe tikanga would be considerably different from other tribal areas prior to the Māori La...

9. Supplementary Regulatory Impact Statement: Extending the duration limit of Police safety orders [pdf, 667 KB]

   ...which affects the fairness and equity of the outcomes. There is a risk of poor judgement by police officers in making a decision to issue a PSO, and for what duration. This risk has significant consequences because there is no judicial oversight/appeal right. This contrasts with Australia and United Kingdom where there are links to court processes. The proposal also provides a greater risk to the wellbeing of the victim and associated people. The removal of the bound person from the a...

10. Proactive release - Privacy Bill: Approval for Supplementary Order Paper and draw down of Budget 2014 tagged contingency [pdf, 925 KB]

    ...investigated by the OPC and how these types of proceedings will be dealt with in the Tribunal. Clause 103 – aggrieved individual may commence proceedings in Tribunal The Bill is clear that the Tribunal can award damages as part of an appeal against an access direction. It does not provide that an individual can bring a claim for damages when they have obtained an access direction and are not seeking to challenge the terms of that direction (or have obtained...