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1. [2020] NZEmpC 225 Davis v Idea Services Ltd [pdf, 368 KB]

   ...ground that by the time of the subject events, ISL had an obligation to take all reasonable and practicable steps to maintain a safe workplace under that statute. [41] The scope of those obligations was succinctly summarised by the Court of Appeal in Attorney-General v Gilbert, when the Court observed:11 [83] ... The standard of protection provided to employees by the Health and Safety and Employment Act is ... a protection against unacceptable employment practices which have to...

2. [2020] NZEmpC 230 Arachchige v Rasier New Zealand Ltd [pdf, 398 KB]

   ...been expressed about the rights of Uber drivers in many jurisdictions, and cases have been taken with mixed results. [23] At the time this case was being heard in New Zealand, a case was proceeding to the United Kingdom Supreme Court, with Uber appealing a finding that Uber drivers in the UK were “workers”. [24] Cases have also proceeded in other jurisdictions, including France, Australia, Canada and the United States of America. [25] Both parties acknowledge that the le...

3. 3-Strikes-Proactive-Release-OIA-Requests_Final_Part6.pdf [pdf, 11 MB]

   ...@parliament.govt.nz>; Lynn, Robert <Robert.Lynn@justice.govt.nz> Subject: RE: Fact check and stat request Kia ora 1. We recommend saying that “around 30” offenders received a third strike due to some uncertain es in the data (e.g. ongoing appeals). 2. The fact that this number of people ended up receiving a third strike does not by itself show a deterrent effect. To make this statement we would need to know how much of an impact, if any, the three strikes regime had on the...

4. Discussion Document Review of the Courts Remote Participation Act 2010 [pdf, 487 KB]

   ...included in the purpose statement? 15 Which courts an Act should apply to Current law The Act applies generally to all courts. Separate legislation applies to tribunals. The Act defines courts to include the Supreme Court, the Court of Appeal, the High Court, and the District Court. It also includes the following specialist courts: the Employment Court, the Environment Court, the Māori Appellate Court, and the Māori Land Court. The Act also applies to the Court Martial a...

5. 2018 archive

   ...the criminal jurisdiction. Within this review, the Legal Services Commissioner is proposing to combine the family/civil application form with the criminal application forms. These are: Form 1 Crown ProsecutionForm 1a Police ProsecutionForm 12 Court of Appeal or Supreme Court. I would welcome your feedback as it will help ensure the new form is fit for purpose and meets the needs of our customers, providers and Legal Aid Services. The consultation page is located at consultations.justice.govt....

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6. LCRO 36/2021 ED v MR and FR (14 April 2022) [pdf, 242 KB]

   ...and Mrs FR’s responses, largely repeat information provided to the Standards Committee. Scope of review [46] The High Court has described a review by this Office in the following way:22 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It inv...

7. [2014] NZEmpC 49 Patel v OCS Ltd [pdf, 117 KB]

   ...refers to pressure and threats made against her. I was not drawn to Ms Patel’s evidence in relation to the interactions she says she had with Mrs Vaifoou. I preferred Mrs Vaifoou’s evidence as to what transpired. [59] The Court of Appeal in Salt v Fell 2 confirmed that subsequently discovered misconduct may be taken into account when making an assessment of remedies, observing that: 3 Everyone accepts that subsequently discovered misconduct might result in reinst...

8. Deputy Registrar - Moteo Estate Trust (2017) 58 Takitimu MB 137 (58 TKT 137) [pdf, 402 KB]

   ...trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [49] It is trite law that the paramount duty of trustees is to obey their terms of trust. In Rameka v Hall the Court of Appeal confirmed that: 19 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section refers to the following: (a) Carrying out the terms of the trust: (b) The proper administration and ma...

9. [2019] NZEmpC 129 A v N Ltd [pdf, 291 KB]

   ...irregularities. A in this case should, therefore, have been entitled to the remedy of reimbursement for wages lost because of the grievance.2 1 A v N Ltd [2018] NZERA Auckland 248. 2 The Court of Appeal in Waitakere City Council v Ioane [2004] 2 ERNZ 194 (CA) at [22]-[26] and Telecom NZ Ltd v Nutter [2004] 1 ERNZ 315 (CA) at [81] suggested a “loss of chance” approach should be used. The implication is that, if the dismissal was...

10. Rebecca Liv Stirnemann - Evidence in Chief [pdf, 699 KB]

    BEFORE THE ENVIRONMENT COURT Auckland Registry ENV-2015-AKL-0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Res~ondent STATEMENT OF EVIDENCE OF REBECCA LIV STIRNEMANN ON BEHALF OF THE ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INC Royal Forest and Bird Protection Society of New Zealand...