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1. Cycle-5-About-the-NZCVS-reports-v1.0-FINAL.pdf [pdf, 476 KB]

   ...the work to New Zealand Ministry of Justice and abide by the other licence terms. Please note you may not use any departmental or governmental emblem, logo, or coat of arms in any way that infringes any provision of the Flags, Emblems, and Names Protection Act 1981. Use the wording “New Zealand Ministry of Justice” in your attribution. Do not use the New Zealand Ministry of Justice logo. If you have any feedback or questions about NZCVS results, please email us on nzcvs@justice.govt...

2. [2024] NZEmpC 101  Auckland One Rail Limited v Rail and Maritime Transport Union [pdf, 286 KB]

   ...of a strike notice must be done with reference to established case law, which she said prescribed that the strike notice must be clear, derived from Secretary for Justice v New Zealand Public Service Inc. In that case the Court referred to the protection of the public interest, as far as reasonably possible, while recognising that strike action is a legitimate industrial strategy. The Court commented that the right to strike must be subject to reasonable limits prescribed by law.9...

3. National Standards Committee 2 v Tingey [2023] NZLCDT 22 (17 May 2023) [pdf, 302 KB]

   ...to suggest that any or all aspects of that person's private life must be subject to regulatory scrutiny is something of an entirely different order. It is apparent from this quote that it is necessary for regulatory authorities to consider carefully what aspects of private conduct ought to be submitted to disciplinary bodies for scrutiny. A power imbalance? [13] Before describing each disputed incident or aspect of the incident, we address the question of whether there was a...

4. Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill [pdf, 422 KB]

   ...the proposed changes will, if passed, fall to be implemented by Youth Court judges, in their discretion, or will be subject to Bill of Rights Act scrutiny if, and when, operationalised. The Bill does not otherwise displace existing safeguards and protections for the young person in the Oranga Tamariki Act 1989 (Act), such as the four primary considerations described in s 4A(2) and the principles articulated in s 208 which are intended to guide a court or person making decisions in respect...

5. Auckland Standards Committee 1 v Ravelich [2011] NZLCDT 11 [pdf, 146 KB]

   ...guilty of conduct unbecoming a barrister, as referred to in section 112(1)(b) of the Law Practitioners Act 1982, the disciplinary provision applicable at the time the conduct occurred. This charge arose from his conviction for the offences of careless use of a motor vehicle, excreting in a public place, and failing to remain for an evidential breath test. [13] The conduct which led to Mr Ravelich being convicted of these offences occurred in February 1995, August 2007, and Novembe...

6. [2007] NZEmpC WC 14A/07 CE of the Department of Corrections v Tawhiwhirangi [pdf, 170 KB]

   ...fair and reasonable employer would have done in all the circumstances. Mr Radich and Miss Buckett agreed that this refers to a fair and reasonable employer in the position of the plaintiff. This approach is similar to the way the standard of care is assessed in the common law of negligence which acknowledges the reasonable skill and knowledge of a person in the position of the defendant. It is not an unattainable standard that guarantees against all harm in all circumstances.3...

7. [2009] NZEmpC WC 17A/09 Idea Services Ltd v Dickson [pdf, 138 KB]

   ...averaging was not referred to in the judgment. He submitted that the case is therefore of little use in determining the present matter. [47] Mr Cranney submitted the averaging approach creates multiple difficulties in applying other employment protection legislation, including the Holidays Act 2003. He submitted the averaging approach would render wholly uncertain the concept of “relevant daily pay” which is defined in s9(1)(a) of that Act as “the amount of pay that the e...

8. ENV-2016-AKL-000208 Kohler v Auckland Council [pdf, 1.6 MB]

   ...Paragraph 7 sets out the 2 fundamental principles to be applied in processing such requests: (i) the Court cannot permit a planning instrument to be appreciably amended without real opportunity for participation by those potentially affected, and (ii)care must be exercised on appeal to ensure that the objectives of the legislature in limiting rights of appeal to those fairly raised by the appeal are not subverted by an unduly narrow approach. Paragraphs B, lD, 11 and 16 collectively p...

9. [2016] NZEmpC 158 Kidd v Beaumont [pdf, 460 KB]

   ...under s 6. That is because Mr Kidd did not incur any out-of-pocket expenses in performing the work for the defendants. He lived on the site where the work was performed. He was not required to purchase or otherwise himself provide any tools, protective clothing or the like. These were all made available to him by the defendants. His ‘rewards’ were not in the nature of a reimbursement of expenses incurred in the performance of his work: they were solely reward for work perf...

10. ENVC Matiatia applications assess environmental effects 2013 [pdf, 978 KB]

    WAIHEKE MARINAS LTD MATIATIA MARINA Resource Consent Applications Assessment of Environmental Effects March 2013 REPORT QUALITY CONTROL Document Name Matiatia Marina Assessment of Environmental Effects Version Final Rev 2 Amended Date 28 May 2013 Document Reference AA0283 – ASL Matiatia Marina AEE Rev 2 Amended 28-05-13 Authors Title Signature Bevan Hudson Environmental Planner James Hendra Senior Environmental Planner Ma