Search Results

1. [2012] NZEmpC 118 Hamon v Coromandel Independent Living Trust [pdf, 69 KB]

   ...confidentiality except for one possibility, the Court of Appeal then stated: [41] We now return to the question of public policy considerations. As the Employment Court stated, it may be that such considerations require s 148 be interpreted so as to permit evidence of serious criminal conduct during a mediation to be called, including evidence from the mediator. [42] An example given by Sinclair J in Milner v Police (1987) 2 FRNZ 693; (1987) 4 NZFLR 424 (an authority to which Mr...

2. [2016] NZSSAA 54 (16 June 2016) [pdf, 31 KB]

   ...in good faith; (d) the beneficiary changed his position believing he was entitled to receive the money and would not have to repay it; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [22] Pursuant to s 86(9B) of the Act, the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) any erroneous act or omission that occurs during an investigation of benefit...

3. Duty lawyer instructions for Dunedin District Court [pdf, 120 KB]

   ...bring to the team as a whole. Dunedin DC duty lawyer instructions Oct 2011 5 of 6 29. Only duty lawyers on the Dunedin District Court’s roster are eligible to undertake sessions as a replacement. 30. “Swapping” of sessions is not permitted. Swapping involves changes to two rostered days each time there is a replacement, and undermines the overall objective of providing a roster that meets the court’s requirements. Saturdays and public holidays 31. Duty lawyers ap...

4. [2007] NZEmpC CC 8/07 Employee v Employer [pdf, 87 KB]

   ...substantial and, in most cases, fatal to the application. Where the application is for an extension of time to a file statement of defence, the importance of this factor is very much less. This is because the interests of justice are different. Permitting a party to participate in the resolution of a dispute which is already properly before the Court is fundamentally different to permitting a party to renew a dispute before the Court which the other party is entitled to beli...

5. Colmore v ACC 2014 NZACA 19 [pdf, 82 KB]

   ...income received in the late 1980s from Social Welfare could not be taken as the basis for the assessment of 7 his LOPE entitlement. The provisions of sections “53(5)” (this should be section 53(9)) and 63(5) of the 1982 Act did not permit payment of a sum not related to his pre-injury employment income. The Corporation’s determination of the amount of Mr Colmore’s entitlement to ongoing weekly compensation from 1990 was found to be correct. [35] It is from this dec...

6. [2020] NZEmpC 126 McCook v Chief Executive of the Inland Revenue Department [pdf, 228 KB]

   ...turn to the legal position concerning the status of the Commissioner’s privilege, for present purposes. As noted in my earlier Judgment, the only relevant 4 Above at [7]. ground which permits this Court to consider IR’s objection is that it would be “injurious to the public interest” for disclosure to occur.5 [13] Ms Hornsby-Geluk submitted that, on its face, the regulation appears to exclude the operation of s 18(3...

7. Smethurst [2015] NZWHT Auckland 2 [pdf, 139 KB]

   ...inquiries. The oral information they received from the Council and the builder at that time pointed to the building work having been largely completed in 1991. Factual background [5] The information before me establishes that: (a) The building permit for the dwelling was issued in January 1991. Inspections were carried out in January 1991 including inspection of the footings, wing walls, slab and a general site inspection on 30 January 1991. There is no record of any further...

8. Horticulture New Zealand.pdf [pdf, 186 KB]

   ...Environment Neutral HortNZ need to be included in discussions on any changes to the plan change in order to implement the 20% reduction Plans or assessing compliance with those consents. Policy 1 Amend Policy 1(c) to read: Enabling, through permitted activity rules, low density farming and horticultural activities (not including commercial vegetable production), with low risk (individually and cumulatively) of diffuse discharges of nitrogen, phosphorus, sediment and E. coli co...

9. [2013] NZEmpC 56 Hamon v Coromandel Independent Living Trust [pdf, 132 KB]

   ...confidentiality except for one possibility, the Court of Appeal then stated: [41] We now return to the question of public policy considerations. As the Employment Court stated, it may be that such considerations require s 148 be interpreted so as to permit evidence of serious criminal conduct during a mediation to be called, including evidence from the mediator. [42] An example given by Sinclair J in Milner v Police (1987) 2 FRNZ 693; (1987) 4 NZFLR 424 (an authority to which Mr...

10. Dooley v Canterbury District Health Board (Strike-Out Application) [2018] NZHRRT 34 [pdf, 167 KB]

    ...justify leaving these proceedings unresolved indefinitely, particularly when Mr Dooley has given no indication of when his health status will change sufficiently to allow him to prosecute his claim with appropriate diligence. The delay cannot be permitted to continue and for this reason alone the proceedings must be struck out. [22] There is also the fact that there has never been any basis for proceedings to be brought against the CDHB or for the proceedings against the SCDHB to allege...