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1. [2022] NZCAA 01 (28 February 2022) [pdf, 338 KB]

   ...them; [6.3] the parent company directs the Appellant's importing and sales operations; [6.4] the Appellant could not procure its products without paying the royalty payments. [7] The decision also said it rejected the Appellant's claim the royalty payments were for the use of the parent company's intellectual property concerning the operation of the New Zealand business. [8] On this basis the decision concluded: [8.1] the royalty payments were related to the...

2. Recommendations recap - issue 7 [pdf, 1.4 MB]

   ...coroner endorsed the recommendations made in the Police Dive Squad Report that all recreational divers be made aware of the following instructions: • Ensure that persons are medically fit to dive. • Ensure that those who are required to complete application forms for dives et cetera should always answer dive medical questionnaires honestly. • Seek medical advice if diving with prescription drugs and seek medical advice if your health changes. • Ensure equipment must be ser...

3. [2019] NZEmpC 172 Cowan v Idea Services Ltd [pdf, 356 KB]

   ...Services Limited (IDEA) considered she had hit a service user (SU), that she had a short fuse and yelled at SUs, and that she had called a SU a baby. [2] Ms Cowan raised a personal grievance, asserting she had been unjustifiably dismissed. Her claim was dismissed by the Employment Relations Authority (the Authority).1 1 Cowan v IDEA Services Ltd [2018] NZERA Wellington 114. [3] She then brought a de novo challenge to the de...

4. Making Aotearoa Safer and more Inclusive Summary of engagement [pdf, 1.4 MB]

   ...operating for more than 20 years. This community is constantly engaged with, and therefore some are sceptical and pessimistic of any value of their engagement being utilised to make meaningful change. Takatāpui took leadership from the outset; firstly, requesting their own hui, rather than being included with Māori and/or rainbow communities’ hui. This was their recommendation, as they are in a “double bind”, being tangata whenua and LGBTQIA+. Takatāpui led and ran the h...

5. [2012] NZEmpC 206 Faapito v CE of the Department of Corrections [pdf, 237 KB]

   ...The nurse’s evidence was the sort of evidence that Ms Gell should have accepted as exculpatory of Ms Faapito, because she made it clear to that nurse and other staff that she had withheld the medication and that the psychiatrist had been informed. [43] A similar criticism was levelled by the Authority at the employer for its failure or refusal to interview other staff who could have confirmed that Ms Faapito did not attend an important meeting. Again, at [61] of its determinati...

6. CRC-37-08 DB Breweries Ltd v NZAEMPU CC 17 08 JUDGMENTS TE JTK 95 [pdf, 35 KB]

   ...(Heard at Christchurch) Appearances: Rob Towner, Counsel for the Plaintiff J A Wilton, Counsel for the Defendant Judgment: 1 December 2008 ORAL JUDGMENT OF JUDGE A A COUCH [1] This case is a dispute about the interpretation and application of certain provisions of a collective agreement between the parties. Specifically the issue is whether four trades staff employed at the plaintiff’s Timaru plant can be required to work shifts without their agreement. [2] T...

7. W v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 37 [pdf, 219 KB]

   ...OF THE ACT BETWEEN W Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Judgment: 11 March 2022 DECISION OF JUDGE P R SPILLER [Leave to appeal] Introduction [1] This is an application for leave to appeal against a judgment of Her Honour Judge Cunningham, delivered on 16 July 2021.1 At issue in the appeal was whether the appellant was an earner and in employment as at the date of her injury, in order to qualify...

8. Kauikia-Stevens v Tume -Te Wirihana Tawake Whānau Trust (2016) 354 Aotea MB 36 (354 AOT 36) [pdf, 256 KB]

   ...Aotea MB 36 IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20150006053 UNDER Section 240 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Te Wirihana Tawake Whānau Trust BETWEEN DONATA KAUIKA-STEVENS Applicant TIAKI TUME Respondent Hearings: 348 Aotea MB 131-142 dated 20 January 2016 350 Aotea MB 54-63 dated 8 March 2016 (Heard at Whanganui) Appearances: D Kauika-Stevens i...

9. BN & MN v Hakaoro [2013] NZIACDT 64 (20 September 2013) [pdf, 118 KB]

   ...further immigration steps until it was resolved. [2.3] Mr Hakaoro failed to make proper inquiries, and charged them $6,000 when he could do nothing for them but led them to believe he would provide effective, professional services. He then lodged applications that were hopeless, both due to the effect of the pending complaint and because the applications did not contain cogent grounds. [2.4] Mr Hakaoro provided no services of value, and then failed to refund the money when his instruc...

10. BORA Parliamentary Privilege Bill [pdf, 315 KB]

    ...on the production of evidence of parliamentary proceedings in a court or tribunal for the purpose of ascertaining the meaning of a statement made outside parliamentary proceedings (cll 8(4) & 10). The effect of that prohibition is to preclude claims based upon “effective repetition” of parliamentary statements, as permitted by Jennings, above [3]. 4.3The power of the House to impose a fine of up to $1,000 for contempt, with such fines to be enforceable as if a fine for contempt...