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1. Algie & Ors v ACC [2013] NZACA 1 [pdf, 118 KB]

   ...care was entirely consistent with the objects of the principal Act, a narrow conception of “expenses” or “costs” would be quite inappropriate. Wattson and Cunningham supported the lack of requirement for a formal contract and recognised in human terms, the opportunity cost to the provider (paras [29] - [36]). This was the approach Mr Miller urged the Authority to adopt here. [49] Mollgaard was distinguished by Mackenzie J in Matthews because the issue there was not whether M...

2. LCRO 191/2019 UY v FB (26 November 2020) [pdf, 266 KB]

   ...his understanding of the computer system that Ms FB was operating, his request that Ms FB be required to provide specific details of the software she was operating, all proceed from argument that technical analysis can eliminate possibility of human error. [158] It is an approach which might be appropriate in circumstances where there is allegation of fraudulent conduct that demands and justifies a sophisticated forensic examination, for example in circumstances where there is need...

3. [2019] NZEnvC 029 Cable Bay Wines Limited v Auckland Council [pdf, 12 MB]

   ...broadband A-weighted limits, but not the low frequency limits. Mr Ibbotson considers it important that staff are very clear about what types of behaviour will result in the special audible characteristic provisions becoming applicable in relation to human activities. These could include yelling, raucous laughter and swearing , as examples.22 The applicant would engage a suitably qualified acoustics engineer to develop an indicative list of behaviours of concern and to include them i...

4. [2013] NZEmpC 133 2013 Dolev v Netafim Australia Pty Ltd [pdf, 186 KB]

   ...the employment agreement. However, none of the emails contained any bilateral confirmation that long service leave would discontinue for future service with Netafim from that point. Mr Schneider has misunderstood Mr Dolev’s comment to the Human Resources Manager in the email dated 10 February 2006. [49] Both counsel in their submission referred to the principles applying to contractual interpretation. They referred to Vector Gas Ltd v Bay of Plenty Energy Ltd, 3 and a consi...

5. Legal aid grants June 2022 [xlsx, 84 KB]

   ...This includes debt recovery, breaches of contract, defamation, and bankruptcy proceedings. It also includes proceedings before tribunals or specialist courts such as the: • Employment Relations Authority • Employment Court • Environment Court • Human Rights Tribunal • Legal Aid Tribunal • Māori Land Court • Immigration & Protection Tribunal • Social Security Appeal Authority • Taxation Review Tribunal • Tenancy Tribunal • Waitangi Tribunal. Civil legal aid is not avai...

6. [2010] NZEmpC 32 Maritime Union of NZ v Ports of Auckland [pdf, 100 KB]

   ...scheduled services but which are on short notice and require greater flexibility of labour provision. [63] In these circumstances just outlined, POAL has undertaken a major review of its container port operations including the important element of its human resources. This review is intended to be completed, and any new arrangements made as a result of it, by 30 June 2010. So while the port’s recovery from the economic downturn in 2009 has been generally better and quicker than...

7. ENVC Hearing 6Oct14 WML rebuttal Mark Apeldoorn [pdf, 718 KB]

   ...in the peak assessments for potential reducing learned marina user travel times, for example, where marina users elect to avoid the peak ferry arrival times of their own voluntary accord. It follows that any effect resulting from this type of human action would be to further reduce effects in on Ocean View Road and in the keyhole. 18. Similarly, the enquiry in the evidence of Mr Karndacharuk7 and Mr Blom8 as to the potential additive or cumulative effect of traffic bunching...

8. [2015] NZEmpC 127 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 333 KB]

   ...irrelevant or privileged, or both. [46] Document 240 is a draft letter prepared for the purpose of obtaining legal advice from one of the defendant’s then lawyers, Garry Pollak. It was a draft letter addressed to Gerda Gorgner, who I understand was a human resources staff member with PFC, discussing the proposed transfer of employees as a group. The letter s said to have been written before the transfer when the defendant was seeking to resolve its concerns about that matter. M...

9. [2013] NZEmpC 190 Belsham v Ports of Auckland Ltd [pdf, 165 KB]

   ...the fact that Mr Hulme stood aside when Mr Mitchell criticised the tone of correspondence he was sending to Mr Belsham. Further, there was the issue of an altercation at one of the meetings where Mr Belsham alleged that he was assaulted by the human resources consultant for the company. Mr Mitchell submitted that when all of the circumstances are considered, the decision to dismiss was not one that a fair and reasonable employer could have reached. [32] The company’s position...

10. [2009] NZEmpC AC 20/09 Allen v Transpacific Industries Group Ltd t/a Medismart Ltd [pdf, 101 KB]

    ...were not; of unanswerable charges which, in the event, were completely answered; of inexplicable conduct which was fully explained; of fixed and unalterable determinations that, by discussion, suffered a change. Nor are those with any knowledge of human nature who pause to think for a moment likely to underestimate the feelings of resentment of those who find that a decision against them has been made without their being afforded any opportunity to influence the course of events. [49]...