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1. Duty lawyer instructions for North Shore District Court [pdf, 63 KB]

   ...following criteria into account when considering the list of available duty lawyers: dependability experience competence the particular skills the duty lawyer can bring to the team as a whole. 26. Swapping” of sessions is no longer permitted. Swapping involves changes to two rostered days each time there is a replacement, and undermines the overall objective of providing a roster that meets the court’s requirements. Saturdays and public holidays 27. A separate...

2. [2009] NZEmpC AC 11/09 EBIIWU v Pedersen Industries Ltd [pdf, 32 KB]

   ...account. [11] The parties’ positions are essentially these. The union says that the contractual provisions should be read literally and so long as what is intended to be purchased is a tool or tools (very broadly defined), the employer is not permitted to impose conditions or otherwise withhold the money in the employee’s notional credit with the company. The company says, on the other hand, that the reference to the reimbursement of the cost of tools is subject to two necessa...

3. [2014] NZEmpC 146 Rimene v Doherty and Natusch Group Limited [pdf, 63 KB]

   ...explaining in some detail the effect of the Order. One effect was that under the s 58 of the Bankruptcy Act 1966 all of Mr Doherty's property became vested in the trustee. Mr Doherty was required to surrender his passport and he is not permitted to travel overseas without the trustees’ written permission. [7] On 22 April 2014, Mr Parker filed two documents - a "Memorandum of Counsel" and a "Synopsis of Submissions of Counsel for the Plaintiff"....

4. Re Stryder (Rejection of Statement of Claim) [2019] NZHRRT 34 [pdf, 230 KB]

   ...279 at [19], the purpose of Part 8 of the Privacy Act is to ensure that in the first instance a complaint about an interference with the privacy of an individual must be dealt with by the Privacy Commissioner. Proceedings before the Tribunal are permitted by s 82 only where an investigation has been conducted under Part 8 or where conciliation (under s 74) has not resulted in settlement. For the complaint resolution process to work a person in respect of whom a complaint is made and an...

5. CC Ltd v SH [2020] NZDT 1548 (3 August 2020) [pdf, 99 KB]

   ...contract. While no particular standard of work was specified, I find that it was an implied term that the work would be done to a reasonable professional standard and that the resulting arena would be fit for the purpose. 5. CC argued that SH had not permitted it to complete the work by sweeping the surface, compacting the remainder and applying the final layer of sand. However, the email CC relied on in support actually supported SH’s statement that she did agree to hand sweeping, and...

6. [2016] NZEmpC 81 Eden Group Ltd v Jackson [pdf, 103 KB]

   ...This is a folder of documents relating to Auckland Council building consents for the work to be performed at Wrightway’s premises. The folder must remain at the relevant site for the duration of the construction and includes such documents as permit plans, inspection records, engineering and fire compliance specifications and Council inspection records. At the completion of the construction project, the folder is returned to the person who applied for the consent and will then b...

7. OIA-109686.pdf [pdf, 1.4 MB]

   ...Powers of a bailiff Thank you for your email of 12 February 2024, requesting, under the Official Information Act 1982 (the Act), information relating to the powers and duties of bailiffs in New Zealand. Specifically, you requested: 1. Are they permitted to carry weapons (since they have the powers of a constable)? 2. How do bailiffs in practice, arrest people? 3. Can bailiffs pull vehicles over? 4. Do bailiffs carry handcuffs? 5. What is the procedure when a person is arrested? Your requ...

8. Waitangi Tribunal COVID-19 Level 2 Protocol (15 February 2021) [pdf, 152 KB]

   ...AVL suites). c. Face masks should be worn in all public spaces, in accordance with paragraphs 10-12 above. Gloves may also be worn. d. Hand sanitiser will be readily available within the hearing venue. e. The Tribunal will not normally permit documents to be handed up to the panel. Documents that parties wish to produce should be scanned and shared by email at the appropriate time. 28. Any concerns about health and safety practices should be raised with the Tribunal Regist...

9. [2011] NZEmpC 20 Miller v Fonterra Co-operative Group Ltd [pdf, 81 KB]

   ...defendant’s control, and if they are no longer in the defendant’s control, state, to that person’s best knowledge and belief, when the documents ceased to be under the defendant’s control and who may now have control of them. [29] I will also permit that person to give evidence on affidavit as to which documents can no longer be readily located and the steps which either have been taken or will need to be taken to locate the documents and will allow the defendant leave t...

10. [2013] NZEmpC 197 Electrical Union 2001 Inc and Anor v Mighty River Power [pdf, 239 KB]

    ...Network Television Ltd v Duncan [1998] 3 ERNZ 917. The collective agreement’s relevant provisions [9] The first provision of the collective agreement which the plaintiffs say conflicts with the employer’s drug and alcohol policy and which permitted Mr Cowell to refuse lawfully and justifiably to undergo a random drug or alcohol test, is cl 32.1. It provides: Evidence of Fitness for Work In accordance with its responsibilities to effectively manage all hazards the em...