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1. [2010] NZEmpC 96 Neill v Schmidt & Paul & Anor [pdf, 25 KB]

   ...on a judgment of this Court in MacMillan v Hickey’s Pharmacy Limited2 but that is distinguishable on several grounds. It was a case involving an oral judgment of the Employment Tribunal under predecessor legislation and turned on the date for appeal purposes when a decision was given by the Tribunal. The legislation has changed significantly in relation to challenges from determinations of the Employment Relations Authority to this Court. [9] In view of my decision that Mr Schmi...

2. [2012] NZEmpC 184 Vine-Tech Contracting Ltd v Wattam & Inger [pdf, 72 KB]

   ...wages to Mr Wattam by $1,500 to take account of his earnings after dismissal, I awarded interest on lost earnings to both defendants. [3] The principles relating to costs awards in this Court are well established. They are based on the Court of Appeal judgments in Victoria University of 1 [2012] NZEmpC 22. Wellington v Alton-Lee 2 , Binnie v Pacific Health Ltd 3 and Health Waikato Ltd v Elmsly. 4 The Court has a broad disc...

3. [2009] NZEmpC WC 27/09 Griffiths Drilling (NZ) Ltd v Jenner [pdf, 24 KB]

   ...which cannot be resolved in mediation includes a first instance, low level investigation and non-legalistic determination by the Employment Relations Authority. Although most parties accept the result or at least do not feel so aggrieved that they appeal, the legislation permits a right of challenge including by hearing de novo as the company has exercised in this case. This means that, in effect, the examination of the justification for dismissal begins anew in this Court with li...

4. [2015] NZEmpC 146 Hally Labels Ltd v Powell costs [pdf, 87 KB]

   ...should it not receive an award of costs, then costs should lie where they fall in view of the overall outcome of the proceedings. Counsel for Mr Powell did not take a similar stand. [9] The Court is bound by three main decisions of the Court of Appeal dealing with Employment Court costs. 5 In addition to costs normally following the event, the successful party will generally receive an award of two-thirds of actual and reasonable costs although there may be circumstances where...

5. Stone - Pukepuke Tangiora Estate (2013) 26 Takitimu MB 64 (26 TKT 64) [pdf, 104 KB]

   ...treated as if they had been appointed by the Maori Land Court. (4) This section applies despite any other enactment or anything in the will. [11] In the context of systems of voting for Mäori land trusts, there are judgments of the Court of Appeal, the Māori Appellate Court and this Court that supports the following propositions: 26 Takitimu MB 67 (a) The Māori Assembled Owners Regulations 1995 do not apply to general meetings of owners called by trustees of a trust cons...

6. Searancke - Lot 3 DP 427106 and part Pouawa 1 Sbdn 3 Lot 2 Sec 7 Block (2015) 51 Tairawhiti MB 66 (51 TRW 66) [pdf, 148 KB]

   ...and as the lease arrangement with the GDC 4 Hammond - Whangawehi 1B3H1 (2007) 34 Gisborne Appellate MB 185 (34 APGS 185), Whaanga v Niania - Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428) and Whaanga v Smith - Anewa Block [2013] Māori Appellate Court MB 45 (2013 APPEAL 45). 5 Ibid. 51 Tairawhiti MB 71 over the lower Lot has not been honoured in terms of cleaning the area, the trustees consider that the...

7. AJ v Secretary for Justice 4 August 2012 NZRA 000010 [pdf, 124 KB]

   ...Wales. He practised at the Pretoria Bar for more than 20 years. He gained Silk in 1992. He has extensive experience as a trial lawyer in criminal and civil matters in South Africa including appearances as lead counsel in the Supreme Court of Appeal of South Africa. He has held appointment as Acting Justice of the High Court of South Africa. He trained as a Litigation Skills Trainer through the Inns of Court Law School, London and was actively involved in Litigation skills tra...

8. [2013] NZEmpC 105 B v Virgin Australia (NZ) Employment & Crewing Ltd [pdf, 69 KB]

   ...a significant weighting in favour of non- publication in private litigation, as the plaintiff suggests. That is because the principle of open justice applies in both civil and criminal courts. In Clark v Attorney-General (No 1) 5 the Court of Appeal, in dealing with an appeal from the judgment of the High Court declining to make a suppression order in civil proceedings, observed: 6 The corollary of the principle of open justice was, MacKenzie J said, that those persons engaged...

9. [2015] NZEmpC 215 Owen v CE of the Department of Corrections [pdf, 69 KB]

   ...relations. (e) Further opportunities for mediation will occur if the Authority stage of dispute resolution is not excluded. (f) To exclude investigative problem-solving and decision-making will deprive the parties of one general “right of appeal” in the sense that there are now significantly limited rights of challenge to a judgment of this Court even effectively at first instance: see s 214 of the Act. This is not a decisive factor because it applies to all cases removed a...

10. IEAA - 2015 annual report [pdf, 148 KB]

    ANNUAL REPORT OF THE INTERNATIONAL EDUCATION APPEAL AUTHORITY 1 JANUARY 2015 TO 31 DECEMBER 2015 1. During 2015 the IEAA received 36 complaints from international students. There have been no extraneous complaints from the Code Administrator. 2. The number has increased by only one complaint over the 35 complaints received up to 31 December 2014. THE COMPLAINTS STATISTICS FOR 2015  Complaints received from international students 36  Existing complaints carried fo...