Search Results

1. [2013] NZEmpC 42 New Zealand Merchant Service Guild IUOW Inc v Holcim (NZ) Ltd [pdf, 126 KB]

   ...provision relating to public holidays contained in a collective employment agreement made between the parties complies with the requirements of the Holidays Act 2003 (the Act). The plaintiff seeks a declaration that the clause does not comply. The application is strongly opposed by the defendant. [2] In a determination 1 dated 31 October 2011, the Employment Relations Authority (the Authority) concluded that the provision in question did not breach the Act and it dismissed the...

2. Vincent v Kennedy - Estate of Carol Fleet (2019) 185 Taitokerau MB 148 (185 TTK 148) [pdf, 328 KB]

   ...WAIKATO MANIAPOTO DISTRICT A20150002556 A20160004194 UNDER Sections 117 and 118, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Succession to Carol Ngawhira Tanui Fleet BETWEEN MAUREEN VINCENT and JOHN FLEET Applicants AND NATHAN KENNEDY Respondent Hearing: 22 October 2015, 117 Taitokerau MB 76-85 25 – 26 July 2016, 136 Taitokerau MB 141-269 21 March 2018, 171 Taitokerau MB 151-179 (Heard at Auckland) Appearances:...

3. Ministerial group work programme update on family & sexual violence [pdf, 3.7 MB]

   ...to innovate based upon best practice. 3 13 We are further ahead in developing the sexual violence system because work began in 2013 and some of the building blocks are now in place, such as the ACC’s Integrated Services for Sensitive Claims. 14 Other parts of the sexual violence system have been identified for development. There are still gaps in specialist sexual violence services and current services struggle to meet demand. To address these, the Minister for Social Deve...

4. MCINNES John Roderick (CSU 2010 WHG 000188) [pdf, 194 KB]

   ...occurrence of other deaths in circumstances similar to those in which the death occurred. (4) The third purpose is to determine whether the public interest would be served by the death being investigated by other investigating authorities in the performance or exercise of their functions, powers, or duties, and to refer the death to them if satisfied that the public interest would be served by their investigating it in the performance or exercise of their functions, powers, or du...

5. [2015] NZEmpC 169 Tertiary Education Union v Vice-Chancellor University of Auckland [pdf, 123 KB]

   ...defendant Judgment: 30 September 2015 JUDGMENT OF JUDGE CHRISTINA INGLIS [1] This proceeding relates to a dispute as to the meaning of clauses in the parties’ collective employment agreement. 1 It follows determination of a claim brought by the Tertiary Education Union (the TEU) in the Employment Relations Authority (the Authority). 2 [2] Clause 2 of the agreement sets out provisions relating to the review of a number of policies, including (for presen...

6. Brankin v CAC 10027 [2011] NZREADT 33 [pdf, 97 KB]

   ...Martin and Mr Brankin. Tab 12: An extract in April 2009 between Mr Brankin and Ms Martin of eight lines. [4] The only other fact relevant to this decision is that the parties reached an agreed settlement in the Human Rights Commission over a claim by Ms Smith. Part of the settlement reached was an acknowledgement by all the parties that the tapes could be used in subsequent proceedings before this Tribunal. The Issues [5] There are a number of competing legal principles to be...

7. [2010] NZEmpC 70 Electrix Ltd v NZ Amalgamated Engineering Printing and Manufacturing Union [pdf, 39 KB]

   ELECTRIX LTD V NZAEPMU AK 31 May 2010 IN THE EMPLOYMENT COURT AUCKLAND [2010] NZEMPC 70 ARC 53/10 IN THE MATTER OF an application for interim injunction BETWEEN ELECTRIX LIMITED Plaintiff AND NEW ZEALAND AMALGAMATED ENGINEERING, PRINTING AND MANUFACTURING UNION INC Defendant Hearing: 31 May 2010 (Heard at Auckland) Appearances: Rob Towner and Liz Coats, counsel for plaintiff Anne-Marie McInally, counsel for defendant Judgment: 31 May 2010...

8. [2020] NZSSAA 23 (20 November 2020) [pdf, 263 KB]

   ...Housing New Zealand) house in Nelson but works in Wellington during the week. She incurs weekly costs of travel to and from Wellington ($200), board in Wellington ($115), and travel to work on public transport ($53). It is these costs which she claims should be deducted from her income. [4] There are no disputed facts in this case. The Ministry accepts the appellant’s circumstances as set out in her Notice of Appeal and the brief of evidence she filed. The Ministry does not d...

9. BORA Young Offenders (Serious Crimes) Bill [pdf, 408 KB]

   ...note that in T and V v United Kingdom,[5] the European Court was asked to decide whether the attribution of criminal responsibility to a child as young as ten violated the equivalent provision of the European Convention of Human Rights. Rejecting the applicant's claim, the Court noted that since the Convention was a living instrument, it was legitimate when deciding whether a measure was acceptable under one of its provisions to take account of the standards prevailing amongst States...

10. [2018] NZSSAA 24 (15 May 2018) [pdf, 224 KB]

    ...formula”. This requires factoring in “the rate per week of the overseas pension”. Regulation 5 determines which exchange rate is used. [30] The appellant has not identified any fault with the calculations under the Deduction Regulations. Her claim has been that they do not apply. 8 The application of s 70(3) [31] Section 70(3) of the Act allows the Chief Executive to make an arrangement where s 70(1) mandates that New Zealand Superannuation is to be reduced due to...