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1. Barry v Devi [2011] NZIACDT 19 (6 July 2011) [pdf, 69 KB]

   ...Ltd. [6.5] BK Horticulture Ltd had limited work available and its licence to employ seasonal workers under the relevant policy was about to expire. The Adviser did not inform the Complainants of those difficulties. [6.6] The Adviser submitted applications for work permits to Immigration New Zealand. Those applications were made on the basis the Complainants could use them to take up positions of employment with BK Horticulture Ltd. This relied on the company having permission to empl...

2. [2022] NZIACDT 6 IL v Khetarpal (19 April 2022) [pdf, 193 KB]

   ...Dated 19 April 2022 REPRESENTATION: Registrar: Self-represented Complainant: No appearance Adviser: No appearance 2 INTRODUCTION [1] Ms Apurva Khetarpal, the adviser, acted for IL, the complainant, on visa applications for herself and her family. Ms Khetarpal committed numerous breaches of her professional obligations. [2] A complaint against Ms Khetarpal was referred by the Immigration Advisers Authority (the Authority) to the Tribunal. It...

3. [2007] NZEmpC WC 30/07 Secretary for Education & Ors v New Zealand Educational Institute (Inc) [pdf, 32 KB]

   ...among other factors, the interaction between the individual and the job and that adverse reactions to stress are individual4. The need for a sickness to be able to be traced directly to conditions of work sets a reasonably high threshold for any applicant to meet. [23] However, I agree with Mr D Martin that the plaintiffs’ attempt to distinguish between sicknesses which are proximate to the working conditions compared with illnesses which may arise because the proximate cause i...

4. [2022] NZEmpC 72 Lawton v Steel Pencil Holdings Ltd [pdf, 199 KB]

   ...fairness, must have the means of gaining some protection from costs by making offers to settle by, in some way, meeting the claim. This speaks in favour of Calderbank offers being able to be made and received by the Court in the context of cost applications.5 [13] The protection against disclosure of without prejudice communications is at least as important in the context of employment relationships as in other areas. The Act emphasises the importance of parties endeavouring to...

5. BORA Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill [pdf, 347 KB]

   ...promotional messages designed to reduce the harm caused by alcohol (e.g. drink-driving advertisements). 7. As Clause 10 of the Bill restricts the ability of the liquor industry to advertise their product (and the ability of consumers to receive that information), we have considered whether Clause 10 is inconsistent with section 14 of the Bill of Rights Act. 8. Under section 14 of the Bill of Rights Act, every person has the right to freedom of expression: Everyone has the right to fr...

6. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore Appendix 3 Makgill [pdf, 303 KB]

   ...are crucial for international trade. Economic activity associated with tourism, boating, fishing, marine farming and urban development all take place in the coastal marine area.7 Many of these activities either directly or indirectly rely on some form of coastal occupation. At the same time, access to the coastal marine area is guarded by New Zealanders as a birth right.8 As population and technological capability grow, so too will the competition for occupation rights and access to the c...

7. MBL v Shadforth [2016] NZIACDT 37 (3 August 2016) [pdf, 205 KB]

   ...Shadforth provided submissions. It is not clear whether Ms Shadforth deliberately misconstrued the interim decision, or was unable to understand her situation. It is sufficient to note: [6.1] Ms Shadforth used the submissions as an opportunity to claim the Tribunal was wrong in its decision in Five Complainants v Kumar [2015] NZIACDT 82. The Tribunal in its interim decision made it plain it would not take that decision into account in relation to sanctions. [6.2] She also used the oppo...

8. [2008] NZEmpC AC 3/08 B W Murdoch Ltd v Horn (Labour Inspector) [pdf, 45 KB]

   ...17 4-8 July 10.5 10.5 10.5 11.75 - 43.25 18 11-15 July 10.75 10.75 10.25 10.25 - 42 19 18-22 July 10.25 10.25 10.25 10 10 50.75 20 25-29 July 10 10 10.25 - - 30.25 Public holidays are noted with an *. The hours on those dates are the hours claimed by Mr Honkoop as payment for public holidays although not worked by him. [14] In each of the first 4 weeks of his employment, Mr Honkoop worked 5 days a week and his hours exceeded 40 hours a week. After that, he was asked by his...

9. [2012] NZEmpC 102 Tinkler v Fugro PMS Pty Ltd & Pavement Management Service [pdf, 100 KB]

   ...Employment Relations Authority (the Authority) as a preliminary issue. The Authority declined to find that the agreement had been entered into under duress. 1 Mr Tinkler challenges the Authority’s preliminary determination on this point. Fugro’s application for a compliance order under s 137 of the Employment Relations Act 2000 (the Act) was removed to this Court for hearing with Mr Tinkler’s challenge. 2 [2] While there was a direct conflict in the evidence of Mr Tinkl...

10. ENVC paper Challenges Changes in Environment Court 2013 [pdf, 103 KB]

    ...current role of the Court in the resource management system, and about whether it is possible to speed up processes in the Court. [2] This section of my paper addresses recent and current initiatives. [3] I want to start by making a fairly bold claim that I believe is accurate and can be backed up by statistical analysis and the views of others. In contrast to the situation about a decade ago, I believe it can now be said that the Environment Court is one of the most efficient parts...