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1. [2022] NZEmpC 33 Capital and Coast District Health Board v Public Service Association, Te Pukenga Here Tikanga Mahi [pdf, 311 KB]

   ...respect of which the right to strike or lock out, as the case may be, is available under a declaration made by the court under section 192(2)(c). [33] In Spotless Services (NZ) Ltd v Service and Food Workers Union Nga Ringa Tota Inc, the Court of Appeal held that a strike or lockout will be lawful if the dominant motive is one that is within ss 83 and 84 of the ER Act.8 [34] In Unite Union Inc v Sky City Auckland Ltd, Judge Travis noted that there had been some controversy as to...

2. BORA National Animal Identification and Tracing Bill [pdf, 205 KB]

   ...activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, s 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 8. The Court of Appeal has said that the “touchstone” of s 21 is the protection of reasonable expectations of privacy: "The main aim of s 21 of the Bill of Rights is to protect privacy interests. It is only where a person's reasonable expec...

3. Henderson v Nisbet - Karamu GB (Balance) [2024] Chief Judge's MB 156 (2024 CJ 156) [pdf, 316 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.4 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [20] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:5 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the Re...

4. [2017] NZEmpC 52 Unite Union Inc v Restaurant Brands Ltd [pdf, 303 KB]

   ...defendant, referred to Vector Gas Ltd v Bay of Plenty Energy Ltd 4 and to Professional Firefighters Union. 5 [37] Both counsel also referred to Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc, 6 in which the Court of Appeal recognised that Vector Gas applies to interpreting collective agreements, and noted that it is appropriate, when considering collective agreements, to take into account undisputed evidence as to the terms of prior instruments. 7...

5. [2006] NZEmpC 61A/06 NZ Tramways and Public Passenger Transport Employees Union & Anor v Transport Auckland and Cityline (NZ) Ltd [pdf, 71 KB]

   ...entitle employees to a fifth week of annual holiday would be inconsistent with the common law principle on the separability of promises mentioned in ACI and in Marshall v NM Financial Management Ltd [1995] 1 WLR 1461 and confirmed by the Court of Appeal [1997] 1 WLR 1527. To construe the cea in the context of the 2003 Act to require 5 weeks instead of the 4 would be to leave the additional weeks of leave unsupported by any consideration and would substantially alter the nature of t...

6. [2021] NZIACDT 20 – HT v Shaikh (27 August 2021) [pdf, 235 KB]

   ...(nor is one required). He was advised he was unlawfully in New Zealand and would be liable for deportation if he did not leave. [21] Mr Shaikh advised the complainant of the decision on the same day. He set out two options: 1. File an appeal to the Immigration and Protection Tribunal; or 2. Travel overseas and file a new application. COMPLAINT [22] On 9 November 2020, the complainant made a complaint against Mr Shaikh to the Authority. He alleged negligence and dish...

7. [2022] NZEmpC 185 McPherson v Oji Fibre Solutions (NZ) Ltd [pdf, 270 KB]

   ...look at the merits of the legal argument for the purposes of assessing justification, but he argued that the decision-maker would not necessarily have to resolve that debate. 15 Sky Network Television Ltd v Duncan [1998] 1 ERNZ 354 (EmpC). On appeal, the Court of Appeal agreed with the statement of law expressed by Judge Travis: see Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917 at 923. 16 At 361. [47] Mr Mitchell has advised the Court that Mr McPherson’s ca...

8. [2017] NZEmpC 81 Nelson Marlborough District Health Board v Henderson [pdf, 181 KB]

   ...cases where the Court had been prepared to use the regulation to award either indemnity costs or order costs “at or about the level of indemnity costs”. In Ben Nevis Forestry Ventures Ltd v Commissioner of Inland Revenue 11 the Court of Appeal confirmed that the leading case on indemnity costs is Bradbury v Westpac Banking Corp. 12 In Bradbury the Court stated a non-exhaustive list of categories in which indemnity costs had been ordered as follows: 13 (a) the making o...

9. Justice Matters - issue 04 - September 2016 [pdf, 7 MB]

   ...in how New Zealanders interact with the courts. For example, we’ve reduced by 22% the average age of active District Court criminal category 1 cases (for example, matters subject to a fine) and by 33% the average age of active High Court civil appeal cases. Our customers are mainly interested in when their case will be resolved so with this in mind, we’ve modified our targets to give people certainty and predictability by setting benchmarks for disposal times for around 50 differe...

10. [2016] NZEmpC 60 Eden Group Ltd v Jackson [pdf, 178 KB]

    ...meeting with that client to discuss a possible transfer of the business. In that case the employee concerned resigned, travelled overseas on leave, and obtained an important agency, until then held by his former employer. Cooke J in the Court of Appeal concluded that even during the period in which Mr Schilling was regarded as having been on leave, his contract of service and the relationship with his employer continued. Cooke J concluded: 5 … It seems to me, however, that in...