Search Results

1. [2016] NZEmpC 161 NZ Airline Pilots Assoc Inc v Air NZ Ltd [pdf, 234 KB]

   ...conclusions. The company has an acknowledged discretionary right to downtrain. The company must exercise its discretion reasonably and in compliance with its contractual obligations. Recourse to downtraining to manage an application of pilot resource in appropriate circumstances is not precluded by an activation of the process in cl 11.5. Clause 11.5.2 does not require, when read in isolation or in context, that once it is set in motion the steps set out in that provision must b...

2. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

   ...the DoHRP is appointed under the HRA and the Director of Proceedings is appointed under the HDCA, their functions are analogous. They both have important roles to play in human rights protection in New Zealand, are publicly funded and have limited resources. These are all relevant factors in the assessment of costs. See Haupini at [46]. However, in IDEA Services Ltd v Attorney-General (No. 3) [2011] NZHRRT 21 (28 September 2011) at [76][d] the Tribunal considered that an award of costs...

3. [2012] NZEmpC 96 South Pacific Meats Ltd v Mohammed [pdf, 238 KB]

   ...this revelation and told Mr Shanks that he would be returning on 3 August 2009 regardless. When questioned, Mr Shanks said that he could not recall such a conversation. [26] Mr Mohammed sought assistance from his friend and previous Human Resources Manager at another plant, Mr Small. Mr Mohammed and his son’s evidence is broadly consistent with what Mr Small had to say. His evidence was that he rang the company on 31 July 2009 and spoke to the receptionist, asking to speak...

4. OIA-97276.pdf [pdf, 7.3 MB]

   ...accessible. The Bill was therefore drafted to include the whitelist in regulations. 13. The EU’s adequacy process is long, intensive, and produces detailed reporting. New Zealand’s process will need to take into account our smaller size and limited resource. A streamlined process is consistent with the Bill’s flexible framework for overseas disclosures. However the assessment process will need to be robust enough to avoid exposing us to criticism or challenge from our key international p...

5. Wernham v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 022 [pdf, 315 KB]

   ...report, in response to Dr Hilliard’s later report: There is evidence in the literature that aromatic amines can be present in clan labs, as clearly described in the 2008 US EPA report. While Dr Hilliard now 1 Environmental Protection Agency, Resource Conservation and Recovery Act Hazardous Waste Identification of Methamphetamine Production Process By-products Report to Congress (2005), Appendix B: “Chemical Properties and Hazardous Waste Codes Associated with Chemicals Comm...

6. Inia v Julian [2019] Māori Appellate Court MB 333 (2019 APPEAL 333) [pdf, 441 KB]

   ...the Ministry is not careful, applicants would have the full right to take those matters to the High Court, and I want a copy of today’s minutes sent to the Chief Registrar and to her director. I expect the situation to improve with additional resourcing and staff, otherwise the Chief Judge and I cannot be expected to be able to keep processing matters in the way that is required under this Act” (Emphasis in original) [43] Regarding the delays between 2014 and 2017, at [8] Ju...

7. Kek, Bayley, Bayleys Real Estate Ltd v CAC409 & C & S Morris [2019] NZREADT 26 (20 June 2019) [pdf, 278 KB]

   ...Morris completed settlement of the purchase on 23 April 2014. [5] Mr and Mrs Morris subsequently approached the Auckland Council, with regard to installing a swimming pool at the property. They were advised they would be required to apply for a resource consent. They then found that some neighbours would raise an objection to such an application, so did not pursue it. [6] In March 2017, Mr and Mrs Morris listed the property for sale with Megan Jaffe Real Estate Ltd (trading...

8. Nicholas v Kameta - Estate of Whakaahua Walker Kameta Te Puke 2A2A3B1 and 2A2A3B2 [2011] Māori Appellate Court MB 500 (2011 APPEAL 500) [pdf, 265 KB]

   ...in with tikanga and whenua is whakapapa. Whakapapa connects you to your tupuna, Whānau, Hapū, Iwi and history. Inherent in your whakapapa is your identity (and history) of your tupuna. Whakapapa also provides you with mana over people, land, resources, or other things both physical and spiritual. [27] On this basis, to try and put it simply, the land is a taonga, whakapapa provides the connection to, and mana over, the taonga, and tikanga provides how this relationship is to...

9. LCRO 185/2017 DO v DP (18 March 2019) [pdf, 237 KB]

   ...finding “is disproportionate to any criticism which could be fairly levelled at him”. [49] He contends the Committee “has applied” a standard “which is “next to impossible to achieve”, taking into account “limitations of time, resourcing restrictions, commercial pressures, the clash of deadlines and practical hindrances such as inability to contact clients and similar circumstances”. [50] He says he abides by the professional rules and is “a conscientious and...

10. [2015] NZEmpC 89 Ngawharau v The Porirua Whanau Centre Trust [pdf, 251 KB]

    ...circumstances at the time the dismissal or action occurred. [74] In applying the test, the Court must consider the non-exhaustive list of factors set out in s 103A(3) of the Act. Those factors are: (3) … (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...