Search Results

1. [2019] NZEmpC 75 Horizon Concepts Ltd v Hayward [pdf, 435 KB]

   ...Relations Authority held that Mr Hayward was Horizon Concepts’ employee and made a declaration accordingly.1 That determination was challenged by Horizon Concepts. Subsequently, the Authority removed the remaining matters before it, relating to claims for remedies for an alleged personal grievance, to the Court.2 Beginning of the working relationship [4] Mr Wood and Mr Hayward have known each other since the late 1980’s when they both worked in the printing trade. In abou...

2. Deputy Registrar - Mohaka A4B (2021) 102 Tairawhiti MB 177 (102 TRW 177) [pdf, 268 KB]

   ...New Zealand Tairāwhiti District A20210004048 WĀHANGA Under Sections 237, 238 and 239, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Mohaka A4B DEPUTY REGISTRAR Te Kaitono Applicant Nohoanga: Hearing 7 April 2021 (Heard at Hastings) Kanohi kitea: Appearances Arthur Gemmell, Sam Gemmell, Neti Whatuira, in person Bessie Phillips, Padre Phillips, Querida Rewi and others in person Whakataunga:...

3. Yu v CAC 20006 & Guo [2014] NZREADT 60 [pdf, 40 KB]

   ...period was from 27 January 2011 until 30 April 2011. However, the listing agreement had two sections that were incomplete. Mr Yu had not included his email address nor signed off a declaration regarding weathertightness issues. [9] The licensee claims that he contacted Mr Yu about these two matters and was advised to fill in his own email address and forward it to him and to also tick off the disclosure declaration. The licensee states that he filled in his email address but did n...

4. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

   ...seek to disturb the Authority’s finding that he was unjustifiably dismissed and unjustifiably disadvantaged, or that the company breached its obligations of good faith to him; he does seek to disturb the Authority’s awards. In this regard he claims that the Authority erred in fact and law in its approach to the calculation of both pecuniary (lost wages) and non-pecuniary (compensation for emotional harm) loss, and submits that both awards ought to be set aside and increased awa...

5. [2010] NZEmpC 22 The Chief of Defence Force v Ross-Taylor [pdf, 55 KB]

   ...employer to do any work for hire or reward under a contract of service; and (b) includes— (i) a homeworker; or (ii) a person intending to work; but (c) excludes a volunteer who— (i) does not expect to be rewarded for work to be performed as a volunteer; and (ii) receives no reward for work performed as a volunteer. (2) In deciding for the purposes of subsection (1)(a) whether a person is employed by another person under a contract of service, the Court or the Autho...

6. Director of Proceedings v Health New Zealand [2025] NZHRRT 1 [pdf, 495 KB]

   ...Note publication restrictions. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2025] NZHRRT 1 I TE TARAIPIUNARA MANA TANGATA 2 matters in issue and the Tribunal is asked to make a consent declaration. The parties have filed: [1.1] A statement of claim dated 30 October 2024. [1.2] A consent memorandum dated 30 October 2024. [1.3] An agreed summary of facts, a copy of which is annexed and marked ‘A’. [2] At paragraph 2(a) of the consent memorandum the parties request that the Trib...

7. [2007] NZEmpC WC 34/07 Crook v Sovereign Services Ltd [pdf, 76 KB]

   ...at Wellington) Appearances: B A Buckett, Counsel fo rthe Plaintiff Peter Churchman and Bridget Fleming, Counsel for the Defendant Judgment: 18 December 2007 JUDGMENT OF JUDGE C M SHAW Order for non-publication [1] At the joint request of counsel for the parties, there will be order prohibiting publication of the plaintiff’s medical details contained in witness statements and documents before the Court. This order extends to any references to the plaintiff’s me...

8. [2019] NZEnvC 208 Aratiatia Livestock Limited v Southland Regional Council [pdf, 11 MB]

   ...in favour of the provisions of the proposed plan.11 8 RMA, s 290(1). 9 RMA, s 66(2A)(a). 10 RMA, s 290A. 11 Hibbit v Auckland Council [1996) NZRMA 529 (PT) at 533. 7 [15] Finally, because the pSWLP was publicly notified in June 2016, the applicable version of the RMA includes all amendments up to that date, inclusive of the Resource Management Amendment Act 2013 (but does not include the extensive amendments made by the Resource Legislation Amendment Act 2017). National sign...

9. BORA Customs and Excise Bill [pdf, 231 KB]

   ...the border in terms of the public interest in Customs’ effective regulation of people, craft and goods entering or leaving the country. The nature of the border means Customs has a limited opportunity to act, and may have to do so with limited information. We have also considered Customs’ role in the collection of Crown revenue. 8. We conclude that the Bill is consistent with the rights and freedoms affirmed in the Bill of Rights Act. The Bill 9. The Bill revises the prin...

10. [2022] NZEmpC 151 Kang v Saena Company Ltd [pdf, 378 KB]

    ...against the possibility of Ms Chung returning. The parties could not reach an agreement as to the possibility of only Mr Kang returning. [8] Accordingly, Mr Kang pursued disadvantage and dismissal grievances against SCL, as well as other breach claims. Ms Chung elected not to do so as she did not want the associated stress which she thought such a process would involve. [9] Mr Kang’s claims came before the Employment Relations Authority. His personal grievances were dismiss...