Search Results

1. Reid v Fire Services and Crown Law (Recall Application) [2012] NZHRRT 27 [pdf, 95 KB]

   ...was filed. In an email to the Secretariat of the Tribunal dated 23 April 2012 Mr Reid explained why: 4 Also it may assist the Tribunal to know that the appeal for which the Court of Appeal granted leave was not pursued because of my limited resources and because, at best, the appeal would have confirmed the current legal position that the Tribunal was bound by the Blank and Snorkel decisions. [15] We do not accept that “the current legal position” is as claimed by Mr Reid. W...

2. [2017] EmpC 41 Cronin-Lampe and anor v BOT of Melville High School [pdf, 211 KB]

   ...manageable levels, and was not causing the plaintiffs physical or mental harm caused by work-related stress.  Provide Mr and Mrs Cronin-Lampe with adequate supervision, support, case load management and counselling.  Provide adequate resourcing of the department in which Mr and Mrs Cronin-Lampe worked.  Provide adequate professional development.  Address workplace bullying of Mrs Cronin-Lampe by another staff member.  Provide training in trauma and suicide...

3. [2013] NZEmpC 206 Candyland Ltd v Jarvis [pdf, 135 KB]

   ...procedurally and substantively flawed. Dismissal was not what a fair and reasonable employer could have done in all of the circumstances and the process followed fell well short of what is required, even having regard to the size of the business and the resources available to it. 2 [29] The concerns raised on 27 July included that Mrs Jarvis had left work early on 24 July, thereby abandoning her employment. Two timeframes were referred to. First, it was suggested that Mrs Jarv...

4. [2007] NZEmpC CC 8/07 Employee v Employer [pdf, 87 KB]

   ...and pupils of the school. As noted earlier, the current principal has deposed to the impact on the administration of the school as a whole of the continuing dispute between the applicant and the respondent. In his view, “the time, energy, and resources expended to defend the ongoing litigation is making it difficult for the school to move forward.” I accept that evidence not only because it was uncontradicted but also because it seems to me to reflect the reality of t...

5. [2017] NZEmpC 157 Johnston v The Fletcher Construction Co Ltd [pdf, 375 KB]

   ...bundles of documents, and the preparation and filing of written submissions) which will inevitably be replicated if the matter proceeds to an adversarial hearing in the Court. Litigants have an interest in where their (generally limited) financial resources are applied. This factor seems to me to have particular relevance in the context of a statutory scheme which provides for de novo challenges, conferring on dissatisfied parties the right to start from scratch again in the Court...

6. Gisborne District Council v Hautapu – Tātarahake No 1 (2013) 27 Tairawhiti MB 295 (27 TRW 295) [pdf, 193 KB]

   ...that the report presented to this Court by Ms Girling- Butcher written by Mr Tony Wazel for the Waitangi Tribunal did not refer to the area as wāhi tapū. [38] He then considered cases where the Environment Court, acting under s 6(e) of the Resource Management Act 1991 (“the RMA”) has had to consider wāhi tapū issues. That Court’s approach is to (a) determine the meaning of the term in the context of the case, (b) assess the evidence, and (c) if it exists determine how to...

7. [2011] NZEmpC 157 Heritage Expeditions Ltd v Fraser [pdf, 158 KB]

   ...judgment is being delivered long after the hearing. That delay, and the resulting inconvenience to the parties, is regrettable. The principal reason for that delay is the Christchurch earthquakes, which have impacted heavily on the Court’s resources and my availability to devote the time required not only to complete this judgment but also to complete judgments in other matters heard before this case. Costs [92] As Mr Fraser appeared in person, he is not entitled to an award of...

8. Rogers v Hauraki – Te Aute A1B (2015) 117 Taitokerau MB 87 (117 TTK 87) [pdf, 222 KB]

   ...be no bridges constructed, and such a condition was not imposed by the Court. Further, the type of vehicular bridge Arthur was intending to construct, which did not have any piles in the streambed, was a permitted activity that did not require resource consent. Arthur has not interfered with the flow of the streambed, and any problems with the stream relate to far 117 Taitokerau MB 94 larger issues of major flood events. Arthur also denies removing and selling gravel from...

9. Spray Marks NZ Ltd v Accident Compensation Corporation (Industry Classification) [2023] NZACC 127 [pdf, 454 KB]

   ...criteria given that a single corporate entity should always have certain obligations which would set above a divisional level. The further guidance within the guidebook with respect to payroll activities in particular envisages some sharing of resources noting a de minimis rule for staff who work less than 5% across divisions. -Separate activities cannot exist if all staff are shared. As noted it appears that the Guidebook envisaged some sharing of staff between divisions. F...

10. IPT 2019-20 Annual Report [pdf, 477 KB]

    ...access to the Tribunal’s work, in the interests of promoting greater accountability, awareness and understanding. The website for the Tribunal includes a searchable database of the published decisions of the Tribunal, which provides a valuable resource for Tribunal members, higher courts, counsel, representatives, appellants and the wider public. The aim has been to provide an abstract (a synopsis) of every decision, for ease of reference. In previous court years, there develope...