Search Results

1. [2010] NZEmpC 156 Raukura Hauora o Tainui Trust v Nathan [pdf, 53 KB]

   ...A disciplinary meeting was arranged with Ms Nathan and her support person, Ms Louise Darroch of the Mangere Community Centre, for 21 February 2008. The plaintiff was represented by Ms Blomfield, Tutata Matatahi and the plaintiff’s Human Resources Manager, Mr Bill Martin. When asked at that meeting who actually did the banking, Ms Nathan said that the banking timetable had been given to the receptionists but she never did the banking and she was not clear who did. Ms B...

2. [2012] NZEmpC 143 George v Auckland Council [pdf, 131 KB]

   ...paragraph 31 of the statement of claim please state: …(ii) the date when each of the nine persons who had been incorrectly treated as contractors was employed by the plaintiff; (iii) the person or persons amongst the plaintiff’s managers and human resources personnel who employed as contractors each of the nine persons who had allegedly been incorrectly treated as contractors; … (v) how the alleged potential tax liability of $380,000 was calculated; (vi) the inform...

3. [2015] NZEmpC 121 Morgan Schofield v Transit Coachlines Ltd [pdf, 110 KB]

   ...where, after referring to art 7 of the International Covenant on Economic, Social and Cultural Rights, ratified by New Zealand on 28 December 1978, the Court made the observation: 4 The right to annual holidays on pay is therefore a fundamental human right of employees. ... [13] Mr Cranney did not refer to any authorities on the issue but he gave a number of practical examples to illustrate his principal submission that during school holidays the plaintiffs were not on unpaid lea...

4. Brunton v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 217 [pdf, 212 KB]

   ...committing a crime. Is it true anyone who commits fraud is guilty of treason? Anyone who conceals a crime preventing justice is a conspirator? Is it not true anyone who willingly carries out war crimes under orders are complicit in crimes against humanity, therefore guilty of treason? • What is the point in having a legal system if it does not uphold the Law and is used as a weapon against the people it claims to serve? If the legal system is merely a tool to hide and allow othe...

5. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [pdf, 204 KB]

   ...retraining were not options. [73] In respect of the unprofessional communications, Mr Horan had accused immigration officers of being inept, callous, arrogant, insensitive, uncaring, unconscionable, unprofessional, of being unable to distinguish basic human rights, of ignoring the principles of fairness, of treating clients worse than animals and of being corrupt, overzealous and overbearing. It was found his communications would tend to bring the profession into disrepute. His...

6. Shaw v Ngati Huarere Ki Whangapoua - Ngati Pu (2015) 113 Waikato Maniapoto MB 82 (113 WMN 82) [pdf, 229 KB]

   ...to be an issue, however, is the relative space left to hapū such as Ngāti Pu in a post-settlement environment to maintain and assert an independent voice. In one sense, this in an intensely practical question depending in large part upon the human and other resources available to the hapū and the extent to which it is unified. There are also important points of principle potentially at issue. Chief amongst these are the way in which whānau, hapū and iwi relate to each other and...

7. [2020] NZREADT 19 - Singh - costs (1 May 2020) [pdf, 168 KB]

   ...determined on the facts and circumstances of the particular case. Some guidance is available from the judgments of her Honour Justice Mallon in Commissioner of Police v Andrews (where costs were sought against a complainant in proceedings under the Human Rights Act 1993),5 and his Honour Justice Palmer in TSM v A Professional Conduct Committee, (which considered costs awarded in disciplinary proceedings under the Health Practitioners’ Competence Assurance Act 2003).6 [16] In Kooi...

8. [2017] NZEnvC 062 Pukekohe East Community Society Incorporated v Auckland Council [pdf, 1.8 MB]

   ...presents difficulties that are not the same as for the control of noise from permanent activities. This is the basis on which the relevant New Zealand standards provide for levels of construction noise different from other operational noise of human activities. The use of management plans to address the particular circumstances of an activity is also recognised by the Court as an appropriate method of enabling some fine-tuning of controls set in conditions that might otherwise have...

9. 2021 07 23 Record of PHC PC8 Timetable Directions [pdf, 404 KB]

   ...No No Yes – agree to abide by position reached at mediation Amended Policy 7.C.6 Reduce adverse effects of discharges from stormwater systems New Policy 7.C.12 Reduce adverse effects of discharges of human sewage Amended Policy 7.D.5 Improve policy direction for decision making on resource consents for rural discharges New Policy 7.D.6 Improve policy direction for decision making on resource consents for rural discharges...

10. McLachlan v Accident Compensation Corporation (Personal Injury) [2023] NZACC 52 [pdf, 212 KB]

    ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [29] In Johnston,1 France J stated: [11] It is co...