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1. [2014] NZEmpC 174 Workforce Development Ltd v Hill [pdf, 143 KB]

   ...various Corrections’ officers and, ultimately, it was the Prison Manager (who has statutory responsibility for ensuring the safety of prisons, including prisoner safety) who was tasked with reaching a concluded view as to whether access should be permitted. In any event, Ms Knowles made it clear that her focus was on safety and security, and not on educational outcomes. WDL was the employer, with employment obligations, not Corrections. While it may be possible to challenge per...

2. Dotcom v Crown Law Office (Inherent Powers) [2018] NZHRRT 36 [pdf, 401 KB]

   ...Tribunal’s order at [255.2]. It was a difference which could possibly be narrowed were the Tribunal to correct what it had decided or intended. In such circumstances consideration could be given to the making of an application analogous to that permitted by High Court Rules, r 11.10 (correction of accidental slip or omission). Because the issue was first raised by the Tribunal after the morning adjournment counsel were understandably circumspect in their initial reaction to wha...

3. IHC New Zealand v Attorney-General (Strike-Out Application) [2020] NZHRRT 47 [pdf, 248 KB]

   ...failure by the initial complaint to the Commission to raise the range of issues IHC now wishes to litigate before the Tribunal and from its failure to make its allegations against the proper defendants. The complaint procedure in HRA, Part 3 does not permit the scope of a claim to expand over time. [12] This submission attaches particular significance to the role of HRA, s 81(4) in the dispute resolution procedures set out in Part 3 of the Act. This section provides that before gatheri...

4. Coote - Estate of Shirley Dawn Quinn (2013) 2013 Chief Judge's MB 1018 (2013 CJ 1018) [pdf, 228 KB]

   ...non-Rakiura Māori were not entitled to enter onto an island other than in accordance with regulation 3(1) of the regulations which reads: (1) A non-Rakiura Māori – (a) must not enter onto a beneficial island without first obtaining a permit to enter onto that island; (b) must not, at any time, search for, pursue, or take muttonbirds or their eggs from that island. (1A) However, sub clause (1) does not apply to a non-Rakiura Māori who is a family of a beneficiary...

5. LCRO 224/2018 (31 October 2019) [pdf, 194 KB]

   ...way”. [27] He says Mr UD’s “communication was becoming less and less frequent”, and it would have “saved [Mr TA] several months” had Mr UD “been direct and upfront” about being unable to continue to act for him. 3 Rule 4.2(c) permits a lawyer not to complete the regulated services under a retainer if: "the lawyer terminates the retainer for good cause and after giving reasonable notice to the client specifying the grounds for termination". 5 (1)...

6. Patel v Dean [2020] NZHRRT 37 [pdf, 237 KB]

   ...that Mr Patel already had some of the documents) have already been addressed and are in any event not relevant. The reference in s 66(2)(b) to “proper basis” is a cross-reference to s 30 of the Act which states that no reason other than those permitted by ss 27 to 29 http://www.legislation.govt.nz/act/public/1993/0028/latest/link.aspx?id=DLM297080#DLM297080 http://www.legislation.govt.nz/act/public/1993/0028/latest/link.aspx?id=DLM297092#DLM297092 http://www.legislation.govt.nz/act/pub...

7. [2021] NZACC 26 - Haugh v ACC (4 February 2021) [pdf, 215 KB]

   ...worked, her advice would still have spared him from an overpayment, had his post- incapacity hourly rate remained the same as his pre-incapacity hourly rate. [45] The evidence is clear, Mr Haugh was concerned from the outset about what he was permitted to do so that his weekly compensation was not affected, and he engaged with his case manager on this question. The early emails place importance on the hours of work not exceeding the 10 hour mark. The evidence shows the numerous q...

8. Tamplin v Boizard [2021] NZHRRT 42 [pdf, 242 KB]

   ...interference with Mr Tamplin’s privacy. Dr Boizard acknowledges providing information about Mr Tamplin to Mr Guest and Mr Cullen but submits that he did so lawfully after checking the accuracy of the information and he submits that the disclosure was permitted in accordance with Health Information Privacy Code (HIPC), rr 11(1)(a)(ii) and 11(1)(c). [4] While Mr Tamplin’s claim referred to IPPs 8 and 11, it was agreed at the hearing that as the HIPC had application to the facts, the...

9. Molenaar v CAC 10066 & MacDonald & Newman [2012] NZREADT 74 [pdf, 79 KB]

   ...places”. The Complainant sates she has had to have a builder install support beams on the fireplace surround and states in her complaint that this was necessary to stabilise the floor with sufficient support to comply with installation of the permitted fireplace. The Complainant further alleges that she had asked the Licensee about wires hanging under the house and the Licensee 4 assured her that the wires were safe. However, an electrician had told the Complainant that tw...

10. Searancke - Part Pouawa 1 Subdivision 3 of Lot 2 Section 7 and Section 2-3 (2006) 164 Gisborne MB 247 (164 GIS 247) [pdf, 1.1 MB]

    ...n1illion. [5] The land is adjacent to State High\vay 35 and is north-east of Gisborne at the spectacular lIIakarori beach - a popular spot in surfing circles for its consistent wave action. The land is zoned rural residential with the follo\ving permitted uses: • Non-intensive farn1ing and accessory buildings; • Honle occupations; Minute Book: 164 GIS 249 • One dwelling unit, plus one self-contained unit on sites> 1 Ha; • Fann stays in a pern1itted dwelling. [6] T...