Search Results

1. LCRO 107/2023 NC v PJ (30 November 2023) [pdf, 209 KB]

   ...extreme bias against me – Q. I (inaudible 09:24:20) – A. – because you have stood there and basically passively, passively approved people assaulting me. MR PJ: (inaudible 09:24:26) MR NC: That is not a reasonable behaviour from any human being, and it is certainly not a reasonable behaviour from a judge of the District Court. I don’t think that you are in a position to sit in judgement over me because of your extreme (inaudible 09:24:42) biases that you have already sh...

2. Cotter v Accident Compensation Corporation (Personal Injury) [2024] NZACC 013 [pdf, 249 KB]

   ...section 20(2)(e) to (h)).3 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.4 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.5 [46] In Ambros,6 Glazebrook J, for the Court of...

3. [2018] NZEnvC 207 Sustainable Otakiri Incorporated v Bay of Plenty Regional Council [pdf, 825 KB]

   ...Bel/-Booth Group Ltd v Attorney-General (1986) 1 PRNZ 457 (HC). 17 [61] An important point about access to justice in the context of security for costs was made by K6s J in Highgate on Broadway Ltd v Devine: 32 Access to justice is an essential human right. The cost of exercising that right is the payment of costs in the event of failure. The right of a successful defendant to costs in that event is arguably subordinate to the plaintiff's right to be heard. Strong social policy...

4. J v Khetarpal [2016] NZIACDT 7 (22 January 2016) [pdf, 243 KB]

   ...New Zealand and expecting them to be deported while doing nothing to assist them has been a standard modus operandi of many fraudulent immigration advisers, licensed and unlicensed. [55] The Tribunal assesses every case on its merits. It must weigh human frailty, and give weight to rehabilitation. However, there is no doubt what happened to the complainant in this present complaint is inherently serious, and raises the question of whether Ms Khetarpal should remain as a member of the pro...

5. Floyd v The Proprietors of Hauhungaroa 2C Block Incorporation Committee of Management - Hauhungaroa 2C Incorporation (2014) 325 Aotea MB 42 (325 AOT 42) [pdf, 229 KB]

   ...redundant. [25] In relation to the employment situation with farm manager Mr Floyd, discussions had commenced with him in 2010 regarding alterations to his employment agreement, and during this time the committee sought professional advice from a human resources consultant. Mr Floyd was given notice requiring him to take his annual leave owing from 18 March 2011 and return to work on 13 December 2011. An acting farm manager was appointed during this time. Mr Floyd was advised...

6. [2018] NZEmpC 4 Ioan v Scott Technology NZ Ltd t/a Rocklabs [pdf, 340 KB]

   ...on some work, and what he saw as shifting timeframes. Rocklabs considers termination under the trial period [19] It was around this time that the engineering manager started discussing with other management and with the company’s human resources advisor the issues that were being seen with Mr Ioan. The engineering manager felt he was in a difficult position, but the view he reached, and supported by his colleagues, was that he should consider terminating Mr Ioan’s e...

7. IPT Annual Report 2011 [pdf, 456 KB]

   ...Hence reference is made to balancing the national interest and the rights of individuals. “Producing” decisions includes considering files, conducting hearings and writing decisions that resolve issues in a fair, impartial, lawful and humane manner. “Publishing” decisions includes making our decisions accessible and understandable to the parties, the profession, researchers, appellate courts, the executive, the public, and being accountable for our decisions in variou...

8. [2007] NZEmpC AC 52/07 General Distributors Ltd v National Distribution Union [pdf, 91 KB]

   ...roles transferred to Foodtown Manukau on 16 July 2007. The remaining Manurewa employees working in online shopper roles, with the exception of 3 employees, transferred to Foodtown Sylvia Park on 23 July 2007. [10] Aston Moss, the General Manager Human Resources, employed by Progressive Enterprises Limited, the parent company of the plaintiff, gave evidence that in addition to the online shopping business that is being transferred, the plaintiff intends to transfer the remainder o...

9. [2019] NZEmpC 121 Shaw v Bay Of Plenty District Health Board [pdf, 544 KB]

   ...issue had also been discussed recently, with the DHB stating it could not advise Ms Shaw what steps had been taken, for privacy reasons. • The letter went on to raise the dismissal grievance, in some detail. It also alleged breaches of the Human Rights Act 1993. [51] After referring to this letter, the Authority noted it had required Ms Shaw to file an affidavit setting out her evidence with regard to the asserted personal 10...

10. [2021] NZACC 119 - Koloni v ACC (03 August 2021) [pdf, 238 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. 12 [48] An approach which has been repeatedly...