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1. [2015] NZEmpC 37 Gapuzan v Pratt Whitney Air NZ [pdf, 157 KB]

   ...be brought before the Tribunal at the date of his bankruptcy, but it cannot be said that that potential created a debt or liability certain or contingent. f) Counsel went on to submit that the principle in Kaye was recently applied by the Human Rights Review Tribunal in Fehling v Appleby 10 when considering s 232 of the IA 2006. There it was held that proceedings before the Tribunal should not be halted by a defendant’s bankruptcy, essentially on similar reasoning as was a...

2. [2020] NZEmpC 112 Mataura Valley Milk Ltd v Scott [pdf, 225 KB]

   ...expressly authorised by Mataura Valley to do so or as was required by law. [9] Mataura Valley supplied Mr Scott with a laptop computer. It should have been returned when his employment ended but it was not. Sonia Morrison, the company’s Human Resources and Office Manager, explained that when an employee’s employment is terminated an exit interview is usually conducted during which the company’s property is returned and its IT provider would be asked to terminate th...

3. BORA Land Transport (Road Safety and Other Matters) Amendment Bill [pdf, 361 KB]

   ...Act into the Land Transport Act 1998. CONSISTENCY WITH SECTION 19(1) OF THE BILL OF RIGHTS ACT Section 19(1) of the Bill of Rights Act affirms that everyone has the right to be free from discrimination on the grounds of discrimination in the Human Rights Act 1993, which include age. A legislative provision may give rise to prima facie discrimination where:[1] a) it draws a distinction based on one of the prohibited grounds of discrimination, and b) the distinction involves di...

4. [2018] NZEnvC 142 Gisborne District Council v O'Connell [pdf, 664 KB]

   ...the analysis by Hill Laboratories. She advised that the samples showed high levels of Total Petroleum Hydrocarbons (TPH) which is indicative of heavy fuel oils and lube oils. She deposed that: TPH in the soil presents potential environmental and human health risks based on exposure pathways and receptors. Potential exposure pathways for the site include soil ingestion/dermal contact or usage of surface water/groundwater. Potential receptors for the site include people living / worki...

5. Leaning Rock Cherries Ltd - EiC - E Weaver (5 February 2021) [pdf, 242 KB]

   ...similar understanding of the maintenance requirement of a fruit tree. We note that there is no relationship between livestock support with water to supporting fruit trees with water. With livestock it is the same as the domestic water supply for humans whereby water is the absolute “lifeblood” and nourishment in some form is able to be supplied. Animals are able to be transported to other sites or nutrients are able to be transported to the animals and subsequently the value...

6. ORC - Kerstin Strauss - Evidence in Reply - 11 March 2022 [pdf, 171 KB]

   ...50 to 56 of her evidence in reply. 21 I note that requiring two earthworks consents for a project is not that dissimilar to requiring consents under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCS) and the regional plan for contaminated sites, or generally requiring a number of different resource consents, permits, and approvals as part of many building projects. For instance, as part of subdivision projects multip...

7. [2012] NZEmpC 91 Ball v Healthcare of NZ Ltd [pdf, 132 KB]

   ...Employment Relations Act 2000 (the Act). [2] The application was dealt with on the papers before the Authority. Ms Ball gave evidence in these proceedings. No evidence was produced by the defendant other than an affidavit from the current National Human Resources Manager for the defendant, Ms Brosnan. Ms Brosnan has no direct knowledge of the events in question and deposed that Ms Ball’s manager at the relevant time (Ms O’Connor)

8. Establishment of Canterbury Earthquakes Insurance Tribunal (2) [pdf, 402 KB]

   ...as still at Tribunal level. • If parties still likely to seek to refer to the courts, may just add an additional administrative layer and not speed up resolution. First appeal directly to High Court, as of right Copyright Tribunal Human Rights Tribunal Tax Review Authority (depending on amount at issue) • For small number of claims (under $350,000) removes one level of appeal. • Risk that parties automatically appeal to the High Court, meaning Tribunal...

9. Calculating the costs and revenues of the alcohol licensing system - October-2018 [pdf, 334 KB]

   ...costs. Disbursements to ARLA: TAs should include their disbursements to ARLA within costs. This disbursement should be offset by TA licence revenue, which includes the amount which is remitted to ARLA. Overhead costs: Finance, corporate services, human resources, IT, legal, accommodation (rent, maintenance, utilities). Overhead allocation: The allocation of overheads is generally applied in relation to full-time equivalent staff (FTE) or unit expenditure. Different TAs might app...

10. Liu v The Real Estate Agents Authority (CAC 409) & Parore [2018] NZREADT 7 [pdf, 244 KB]

    ...(given by way of Mr Parore’s submissions on penalty).6 [18] The Committee did not consider Mr Parore’s error to be indicative of any wider lack of knowledge of real estate process and protocols of the Act, rather a lapse of judgment and a human error. It assessed his conduct as being at the lower end of the scale of unsatisfactory conduct.7 [19] The Committee acknowledged that a finding of unsatisfactory conduct is itself a penalty, having regard to the Authority’s public...