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1. [2021] NZEmpC 45 Senate Investment Trust Through Crown Lease Trustees Ltdv Cooper [pdf, 248 KB]

   ...assessment:11 10 Employment Relations Act 2000, s 103A(2). 11 Section 103A(3). Test of justification … (3) In applying the test in subsection (2), the Authority or the court must consider— (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employe...

2. PA v Standards Committee LCRO 267/2014 (30 June 2015) [pdf, 68 KB]

   ...matters to the Tribunal. The Court noted that: 4 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevented it from being overwhelmed by petty or trivial cases. [38] Several decisions from this Office have emphasised the need for this Office to proceed with caution when considering whether or not to inter...

3. Recording Industry Association of New Zealand v Telecom NZ 4451 [2013] NZCOP 15 [pdf, 146 KB]

   ...Respondents wished to be heard by the Tribunal or would be content to have the application dealt with on the papers, the Respondents sent the following email: “Please deal with on papers; what choice do we have; pretty difficult to argue with the legal resources they have. Thanks …” Applicant’s Reply [18] In reply, the Applicant emphasised that the Respondents had been found to be uploading copyright material via uTorrent in each of the three alleged infringements. 4...

4. Y v Xue [2015] NZIACDT 6 (13 February 2015) [pdf, 199 KB]

   ...Tribunal invariably applies this principle. The usual point of difficulty is identifying what is controllable. Proper control often requires that a professional person maintain reasonable practices to ensure the proper supervision of employees and resources within a practice. Regardless, there are occasions when professional persons are blameless victims of deception, or other circumstances, and that will not trigger professional disciplinary consequences. [23] In this case, Ms Xue shoul...

5. Tan v Chief Executive Ministry of Social Development (Non Party Access to Tribunal File) [2016] NZHRRT 2 [pdf, 69 KB]

   ...terms of the Act had lent the process a quasi-judicial character and the requirement of observing the principles of natural justice had resulted in an elaborate and protracted system of provisional and final opinions. The length of the process and the resources consumed led the Re- Evaluation team to recommend a conciliation process to be carried out principally by staff rather http://www.westlaw.co.nz/maf/wlnz/app/document?docguid=I5b8b680ee02c11e08eefa443f89988a0&&src=rl&hitg...

6. Karetai v Sollart - Estate of George Grey Huriwai te Ruatukihiki Karetai [2018] Chief Judge's MB 219 (2018 CJ 219) [pdf, 566 KB]

   ...feels unable to make a decision in this matter I believe a DNA test will certainly settle it. I fail to see how this would cause stress to David it requires only a simple blood sample and would stop any further wasting of the Court’s time and resources. I urge the Court to request this quickly while my mother is still in good health.” [18] Maarea futher claimed that she did not intend to mislead the Court when she applied for succession in 2006. She states “I expressed the...

7. Provision of Public Information for the 2020 Referendums [pdf, 857 KB]

   ...s9(2)(f)(iv) s9(2)(f)(iv) RE LE AS ED B Y TH E MIN IS TE R OF JU ST IC E communications infrastructure, such as a single website, staff and a single publicity campaign to signpost voters to the website for information on both referendums. Resourcing and oversight of the electoral work programme 55. In order to deliver an effective and well-run public information programme Justice requires specialist procurement advice, communications support, programme and co...

8. Evidence Brief: Out of School Care and Recreation [pdf, 311 KB]

   ...Educational Success. Nellie Mae Education Foundation. Ministry of Social Development (2005). OSCAR Programmes: Evaluation of the Ministry of Social Development’s Package of Assistance. http://www.msd.govt.nz/about-msd-and-our- work/publications-resources/evaluation/oscar-programmes/ Morris, L., Sallybanks, J. & Willis, K. (2003). Sport, Physical Activity and Antisocial Behaviour in Youth. Canberra: Australian Institute of Criminology. Nichols, G. (2007). Sport and Crime Reducti...

9. Lake - Ngarara West B3B Trust (2003) 134 Aotea MB 20 (134 AOT 20) [pdf, 415 KB]

   ...does not mean the land is not of significance to the beneficial owners, their whanau and hapu. So is the case with Ngarara West 838. Evidence was given that the Land cannot produce revenue for the Trust on an ongoing basis. The Trustees, with the resources available to them, appear to have attempted to manage the Land to the best of their abilities and those efforts are acknowledged. They have attempted to hold hui and report to the owners from time to time. The Trustees have been hampere...

10. [2020] NZEmpC 81 AlKazaz v Asparona Ltd [pdf, 272 KB]

    ...others at Deloitte to impede his utilisation and redeployment. The categories read as follows: 10) Mr Ahmed AlKazaz's requests which were made few months prior to the end of his employment by email to his colleague (Nick Charles) and the resources manager at DeloitteAsparona’s business practice which was approved for him to be deployed on upcoming Database Administration in light of his previous work as a Database Administrator in the past. Also, how and why did Ms Kenri...