Search Results

1. [2007] NZEmpC WC 10B/07 Smith & Anor v Harvey [pdf, 53 KB]

   ...statement containing a good deal of rhetoric and argument in addition to assertions of fact. [10] As to the law applicable to a claim of constructive dismissal, it was common ground that the principles to be applied are those set out by the Court of Appeal in Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168. They may be summarised in the form of three questions: a) Was there a breach of duty by the employer to...

2. Jumpjet Synopsis Submission Strike out Dec 2018 [pdf, 84 KB]

   ...bases its logic on the Cost of the project and further splits the project in two sections frequently referring to a decision making process based around the Cost of RESA construction. 8. Thus, the Annexure A submission, before the Director, appeals for Business Case Costs to be included in the CAA decision-making process and therefore the submission is not admissible to these Court proceedings. 3 9. In terms of “practicality" the published principal ICAO aerodrome sta...

3. International Covenant on Civil and Political Rights - list of issues 4th report [pdf, 16 KB]

   ...Bill which was introduced in Parliament in October 1999. In particular, describe the regime the Bill proposes for compulsory detention, how it is to be determined that a patient poses “a substantial risk of danger to others”, and what avenues of appeal or review against these decisions is proposed (para. 103). 9. Please provide information on the results of investigations by the Police Complaints Authority into alleged human rights violations and the punishments imposed on members...

4. BORA Relationships Statutory References Bill [pdf, 65 KB]

   ...applying prior to that change, which disqualified widowers from the same entitlements as widows, was challenged under the UK Human Rights Act 1998 in Hooper and Others v Secretary of State for Work and Pensions [2003] EWCA Civ 813. In the Court of Appeal, the Secretary of State conceded that the legislation had been changed because the gendered entitlements could no longer be justified. However, the Secretary of State argued that up until the time at which the law was changed the provisio...

5. [2016] NZEmpC 138 AFFCO NZ Ltd v The NZ Meatworkers and Related Trades Union Inc [pdf, 81 KB]

   ...it is particularly appropriate that those applications be adjourned for a further attempt to be made to obtain a collective agreement. [11] I am not taking into account the ongoing litigation between the parties in this Court, in the Court of Appeal, and very soon in the Supreme Court, as a ground for adjourning the fixture: the direction to mediation is a good and sufficient ground for doing so. [12] Unfortunately, because of the length of the fixture, the desirability of counse...

6. CAC 521 v Wright [2019] NZREADT 33 - Ruling (5 August 2019) [pdf, 158 KB]

   ...1 Complaints Assessment Committee 20002 v Lloyd [2012] NZREADT 77. [2019] NZREADT 33 - Wright - Ruling [18] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. __________________ Hon P J Andrews Chairperson ___________________ Mr G Denley Member __...

7. [2021] NZEmpC 55 MacLeod and Others v Wellington City Transport Ltd and CityLine (NZ) Ltd [pdf, 257 KB]

   ...Interim injunction principles [17] There is no controversy as to the applicable principles when considering an application for an interim injunction. These were authoritatively stated in NZ Tax Refunds Ltd v Brooks Homes Ltd, when the Court of Appeal said:2 The approach to an application for an interim injunction is well established. The applicant must first establish that there is a serious question to be tried or, put another way, that the claim is not vexatious or frivolous. Ne...

8. [2017] NZEmpC 141 Lewis v Immigration Guru Ltd [pdf, 322 KB]

   ...being raised along with the remedies which would accompany it if proved. [11] Mrs Lewis is not precluded by the pleading omission from seeking to have the Court consider a claim for unjustifiable dismissal. In Nathan v C3 Ltd, the Court of Appeal stated as follows: 2 [35] The fact that Mr Nathan’s personal grievance was a claim for unjustifiable dismissal under s 103(1)(a) did not mean that the Employment Court was precluded from considering the discrimination issue in the c...

9. Minute of the Court dated 31 August 2018 [pdf, 1.7 MB]

   ...Court's mediators and facilitators of expert conferences. [3] This being a hearing at first instance, the Court needs to have regard to matters set out in s 104 RMA, subject to Part 2 (as now guided by the recent decision of the Court of Appeal in R J Davidson Family Trust v Marlborough District Council [2018] NZCA 316). That does not mean however that it needs to hear from lots of witnesses in person. The Court has been busily engaged in reading all materials lodged with it, a...

10. AMLCFT Stat Review FAQ [pdf, 1.7 MB]

    ...(AML/CFT) Act 2009 helps to keep New Zealand safe from money laundering and terrorism financing. By making it harder for criminals to launder money or finance terrorism, we also make profit-motivated crime, like selling drugs or defrauding people, less appealing and help protect New Zealand from terrorism. Is it important? Money laundering affects all of us. It is happening every day across the country. It’s estimated that over $1 billion a year comes from drug dealing and fraud and...