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1. [2007] NZEmpC CC 23/07 Coy v Commissioner of Police [pdf, 46 KB]

   ...not be permitted to now have them struck out. I find against that argument for the following reasons. [17] The Commissioner’s first response to Ms Coy’s personal grievances was a letter to her from Inspector Gary Lennan, Canterbury Human Resources Manager, dated 1 April 2003. This responded to Ms Coy’s memorandum of 20 March to Inspector Gaskin. This letter stated that the Commissioner had no record of formal notification of a personal grievance of 10 December 2002 althoug...

2. KN v T Ltd [2023] NZDT 106 (28 February 2023) [pdf, 230 KB]

   ...NZDT 106 APPLICANT KN RESPONDENT T Ltd The Tribunal orders: KN is to pay $5,800.00 to T Ltd on or before 20 March 2023. REASONS Brief Details of Claims 1. KN owns a property at [Address]. KN submitted an Application for Resource Consent to subdivide the property into three lots. There was an existing house on the proposed Lot 1. 2. During the period December 2021 to March 2022, T Ltd carried out work on the property at KN’s request. The work involved const...

3. Procter - Horowhenua 11 (2012) 293 Aotea MB 165 (293 AOT 165) [pdf, 160 KB]

   ...off of the two vehicles had been accepted by the beneficiaries. It will be remembered that in a decision issued in 2005 I also recorded that the performance of the then trustees left much to be desired and that accountability for use of trust resources, primarily funds, was not in accord with best practice. Of those trustees only Mr William Taueki and Mr Matakatea remain in office to this day. [19] In any event, the beneficiaries who took part in the election process who attende...

4. The Pae Ora (Healthy Futures) Bill [pdf, 179 KB]

   ...collective knowledge, Health New Zealand, the Authority, and health entity boards would have difficulty performing their functions in a way that meets their obligations. 29. More generally, while it is an inescapable fact of our health system that resources need to be prioritised, nothing in the Bill requires a choice between different population groups. In any case, to the extent the Bill is found to create any disadvantage to non-Māori, we consider that disadvantage would be both mino...

5. Facilitation payments guide and NZ's anti-bribery laws [pdf, 128 KB]

   ...(SFO) will consider whether payments to foreign officials fall within the facilitation payments exception or simply disguise illegal conduct. 4 See clause 37 of the Organised Crime Bill. 5A Resource Guide to the U.S Foreign Corrupt Practices Act, 2012, p. 25 http://www.justice.gov/sites/default/files/criminal-fraud/legacy/2015/01/16/guide.pdf� Risk assessment As part of a wider anti-bribery risk assessment, businesses s...

6. Lohr v Accident Compensation Corporation (Costs) [2016] NZHRRT 36 [pdf, 60 KB]

   ...for a plaintiff to test an agency’s withholding decision under ss 27 to 29. Judicial review does not provide a merits review of the kind available before the Tribunal and is a remedy which for most lay litigants is beyond personal and financial resources. It is therefore essential that the Tribunal does not use its discretion to award costs in a manner which might deter lay litigants (and, for that matter, those represented by a lawyer) from the inexpensive and accessible form of just...

7. [2011] NZEmpC 39 NZ Defence Force v PSA [pdf, 92 KB]

   ...this proceeding is 15 January 2007 – 25 June 2009. [8] Another complicating factor, which related to the Defence Force payroll system at the relevant time period, is referred to in Mr Williamson‟s affidavit: 2. NZDF uses a computer human resources system called Atlas for its payroll. Atlas only operates on the basis of five day working weeks and eight hour days. The calculation of the payroll and leave for Security Guards and Senior Security Guards requires „„work-arou...

8. [2023] NZEmpC 235 Pact Group v Sheridan [pdf, 211 KB]

   ...period of 14 consecutive days. 11 New Zealand Air Line Pilots’ Assoc Inc v Air New Zealand Ltd [2017] NZSC 111, [2017] 1 NZLR 948. 12 Firm PI 1 Ltd v Zurich Australian Insurance Ltd [2014] NZSC 147, [2015] 1 NZLR 432; affirmed in Bathurst Resources Ltd v L&M Coal Holdings Ltd [2021] NZSC 85, [2021] 1 NZLR 696. [44] Pact’s case was that essentially Ms Sheridan’s approach required more than 14 days’ notice which was wrong because that could only be achieved by...

9. ZA v YB LCRO 39/2016 (15-February 2017) [pdf, 171 KB]

   ...determinations by a Standards Committee (and this Office) where allegations and submissions by (in particular) complainants, are often made in a ‘scatter-gun’ manner and often without merit or substance. It would be an appalling misuse of the resources of Standards Committees and this Office, if the requirement is to specifically address every allegation and submission. Bad faith [36] Mr ZA refers to the “bad faith” threshold adopted by the Committee. He is correct to...

10. [2011] NZEmpC 17 Clarke v AFFCO NZ Ltd [pdf, 108 KB]

    ...questions of a number of witnesses about significant disputed events and recorded selectively only some responses to questions which could have led to allegations of predetermination. The defendant is a substantial company with professional human resources staff and training programmes for relevant managers including in investigations that may lead to sanctions as serious as dismissal of employees. I recommend to the defendant that it take advice about its managerial training for...