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1. MQ v HQ [2021] NZDT 1659 (14 July 2021) [pdf, 99 KB]

   ...fails to comply, HQ is required to make a compensation payment to MQ for costs she will incur in arranging a contractor herself to complete the removal of the attachments. If this action is required, then I also make an order under s24(1)(k) FA to permit that contractor, if required, to have lawful access to HQ’s property to complete the removal. To avoid any doubt, the doors (and/or other materials) are to be removed from the fence by the contractor but are not to be removed from HQ�...

2. [2010] NZEmpC 63 The CE of the Open Polytechnic Of NZ v Halsey [pdf, 32 KB]

   ...that an employee eligible to be covered by the collective agreement will elect not to do so or, alternatively, to attempt to set binding terms and conditions of employment that will be inconsistent with the collective agreement if, as the statute permits, the employee elects to join the union after commencing employment. [17] There is no difficulty in the employer specifying for a 36 hour week by making this a condition of employment in respect of an employee who is not a...

3. Legal submissions of counsel for Otago Regional Council re new proposed rps [pdf, 180 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-127 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA...

4. [2022] NZEmpC 106 Soapi v Pick Hawke’s Bay Inc [pdf, 209 KB]

   ...worked in any week excluding overtime.12 In this case the employment agreements, approved by Immigration New Zealand, contain no fixed maximum hours per week but instead use average hours. The intended argument is that averaging hours is not permitted and the employment agreements breach s 11B. Analysis [26] I accept that each of the four questions identified by Mr Oldfield are important questions of law in the sense described in Johnston. Even though some disagreement 11...

5. Waitangi Tribunal COVID-19 Level 2 Protocol (3 September 2020) [pdf, 149 KB]

   ...suites). c. Face masks should be worn in all public spaces, in accordance with paragraphs 10-12 above. Gloves may also be worn. d. Hand sanitiser will be readily available within the hearing venue. e. The Tribunal will not normally permit documents to be handed up to the panel. Documents that parties wish to produce should be scanned and shared by email at the appropriate time. 27. Any concerns about health and safety practices should be raised with the Tribunal Registra...

6. [2021] NZEmpC 160 Wilson v Manukau Institute of Technology [pdf, 216 KB]

   ...challenge as to how Mr Wilson’s starting salary was fixed. [27] She also proposes to comment on the circumstances of another employee, Mr Murray, when his starting salary was fixed. [28] For Mr Wilson, it was submitted that if Mrs Pene is permitted to give this evidence, prejudice would arise. The Court would have contextual evidence as to the fixing of Mr Wilson and Mr Murray’s starting salaries but not as to 10 other employees in respect of whom a schedule of basic informa...

7. [2011] NZEmpC 38 French v The Warehouse Ltd [pdf, 80 KB]

   ...failed to prosecute her challenge as she ought to have. Second, and not unconnected with the first ground, the defendant says that Ms French‟s challenge is frivolous and trivial, in effect an abuse of the court process, and so should not be permitted to go further. 1 AA253/10, 25 May 2010. [3] Clause 15 of Schedule 3 to the Employment Relations Act 2000 (the Act) (“Power to dismiss frivolous cases”) 2 provides : (1)...

8. AP v Secretary of Justice 5 March 2013 NZRA 000025 [pdf, 124 KB]

   ...competence under reg 6 must be made on the basis of an overall assessment. In the Applicant’s case, that did not happen. In particular, the specified “recent experience” criteria in the schedule, while requiring to be addressed, must not be permitted to dominate the overall fate of the application which is what appears to have happened in the Applicant’s case DISCUSSION 12. I accept the submission that reg 6(1) establishes the fundamental requirement so far as expe...

9. [2015] NZSSAA 59 (21 August 2015) [pdf, 32 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. [17] 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) an erroneous act or omission occurring during an investigation of benefit en...

10. CW & NK v TX [2023] NZDT 411 (5 July 2023) [pdf, 218 KB]

    ...and NK the sums sought under items c. and d. of paragraph 15. I say that because: a. CW and NK were unable to provide proof they had incurred additional legal costs to resolve this matter; and b. the Disputes Tribunal’s jurisdiction does not permit me to award costs for time and emotional consequences except in the circumstances provided for under s43 of the Disputes Tribunal Act 1988. I am satisfied those rare circumstances do not apply here. 19. For the avoidance of doubt, I als...