Search Results

1. [2018] NZEmpC 43 A Labour Inspector v Smiths City Group Ltd [pdf, 503 KB]

   ...turn on a factual inquiry as to what is required by an employer of an employee and whether that constitutes “work” for the purposes of s 6. [33] In rejecting a contention that no part of the time spent by Mr Dickson while asleep, or while permitted to sleep, was work for the purposes of s 6 the Court said:10 The issue requires a broader consideration of all the facts and we do that under three headings: (a) Constraints on the employee. (b) Responsibilities of the employee...

2. [2022] NZEmpC 194 Enterprise Motor Group (New Lynn) Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment [pdf, 267 KB]

   ...orders applied to EMG’s salespeople. The objection [30] The objection to the improvement notice was about the method it required EMG to use to calculate compliance with the Act and minimum wage orders. The company considered the Act permitted it to apply its wage calculation across the whole month, provided that in each week or fortnight (depending on the applicable minimum wage order) each hour worked was paid for at not less than the required minimum rate. The Insp...

3. [2024] NZEmpC 157 Hall v Fire and Emergency New Zealand [pdf, 314 KB]

   ...Order (No 3) 2021. 17 COVID-19 Public Health Response (Vaccinations) Amendment Order (No 4) 2021. [38] On 28 February 2022, FENZ implemented a vaccinations policy which provided that “Only fully vaccinated personnel and visitors will be permitted to enter Fire and Emergency premises from 28 February” unless particular exceptions applied. This policy was separate to the Vaccinations Order and was in force until 23 May 2022. The policy had the effect of excluding Ms Hal...

4. LCRO 25/2024 PG v WA (29 May 2024) [pdf, 204 KB]

   ...this complaint on behalf of someone else. That person must sign below to give permission for you to make this complaint on their behalf. [17] Section 11 was not signed by Mr JF. The applicant stated that she was “… unable or rather not permitted to gain personal access to [Mr JF]”, who remained remanded in custody, and that she had “… a verbal instruction from [Mr JF] by phone to act on his behalf in this matter”. 4 [18] On 20 July 2023, the Committee’s Profess...

5. Satnam Singh v Shane Singh and Scorpion Liquor [2015] NZHRRT 8 [pdf, 91 KB]

   ...English at the Unitech Institute of Technology in Auckland. At all material times he lived in Mt Roskill, Auckland. He currently holds a work visa valid until November 2015 and lives in Christchurch. [13] Needing an income to pay rent and being permitted by his student visa to work 20 hours per week, the plaintiff circulated his CV among several businesses in the Mt Roskill district. It was in this context he met Shane Singh who offered him (the plaintiff) a position. The plaintiff a...

6. [2019] NZEnvC 160 Hawthenden Limited v Queenstown Lakes District Council [pdf, 21 MB]

   ...those ON Ls have been identified as outstanding in the ARPS. [66] ORC and Allenby present similar arguments for why Man O'War should be distinguished on the matter of what account, if any, should be given to what the PDP allows for by way of permitted activities when determining whether land is "sufficiently natural" to be an ONL or ONF. Rob Roy Residents and QLDC present similar counter­ arguments. ORC's submissions [67] As noted, ORC's interest is in an...

7. LCRO 136/2023 QT v MZ (8 January 2024) [pdf, 220 KB]

   ...(CA), Fletcher Moulton LJ was considering the power of the Court to strike out an action as vexatious and observed that: The Court has a right to stop an action at this stage if it is wantonly brought without the shadow of an excuse, so that to permit the action to go through its ordinary stages up to trial would be to allow the defendant to be vexed under the form of legal process when there could not at any stage be any doubt that the action was baseless. 8 P v H LCRO 2/2009 (20 M...

8. BORA New Zealand Intelligence and Security Bill [pdf, 292 KB]

   ...Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (‘the ICCPR’), to which New Zealand is a party, confirm that everyone shall be free to leave any country, including their own. 3 However, the ICCPR permits certain restrictions on this right, including where it is necessary to protect national security, public order, or the rights and freedoms of others. 4 23. The Bill makes permanent a number of provisions introduced by the Count...

9. [2022] NZEnvC 167 MTP Limited v Westland District Council [pdf, 324 KB]

   ...Building consents or concept drawings have 12 Johnson affidavit affirmed 22 September 2022 at [48] identifies that by Westland District Plan Table 5.7(g): Rural Zone buildings and structures are required to be a minimum of 150m from MHWS as permitted and controlled activities with no limit for discretionary activities. 13 Johnson affidavit affirmed 22 September 2022 at [76]. 14 Transcript (Giddens) at 29. 15 MTP legal submissions at [46]. 16 13 Fox Moth Drive. 17 MTP legal submiss...

10. [2015] NZEmpC 54 Goel v Director-General for Primary Industries [pdf, 266 KB]

    ...registered psychologist was not a medical practitioner to whom such reports were confined. Judge Travis dealt with the application alternatively and went on to comment as follows 8 : I observe that s 104(1)(g) (sic) of the Employment Contracts Act permits the Employment Court to make an order which the High Court could make under any enactment or rule of law relating to contracts and may well permit the invocation of s 100 of the Judicature Act in appropriate circumstances. [23]...