Search Results

1. [2016] NZEmpC 36 Western Bay of Plenty DHB v McInnes [pdf, 155 KB]

   ...dispute and cannot be resolved, the key points emerge with a sufficient degree of clarity. Mr McInnes got out of his vehicle and approached the group. He shone a torch at them whilst standing some five metres away. He told them that they were not permitted to drink alcohol. That was incorrect. There is no prohibition on drinking alcohol in the park. Mr McInnes told the group that approval to drink alcohol was necessary. That is incorrect. No approval is required. Mr McInnes...

2. LCRO 53/2020 YJ v GK (22 April 2021) [pdf, 280 KB]

   ...disseminated to any other persons and that publication of any matter may only be made by way of an order pursuant to s 206A of the Act. [71] When asked, Mr YJ confirmed that he was recording the hearing. He was advised that no recordings were permitted and complied with a request to deactivate the recording device. [72] Mr YJ was accompanied by Mr TH. No prior notice of Mr TH’s attendance had been provided, nor had his role been advised in advance of the hearing. [73]...

3. OIA-107110_FINAL.pdf [pdf, 1.6 MB]

   ...otherwise. 3. Any other legal opinion, legal bases, or official positions taken, relevant to the procurement for Te Au Reka, that pertain to jurisdictional risk or data sovereignty. 4. Whether the procurement process for Te Au Reka will - or will not - permit the storage of sensitive courts data in foreign-owned hosting providers, thereby exposing it to jurisdictional risk? On 29 August 2023, under section 14 of the Act, the Minister’s office transferred your request to the Ministry of Ju...

4. [2015] NZEmpC 43 Harris v TSNZ Pulp and Paper Maintenance Ltd [pdf, 336 KB]

   ...accepted that he did advise those employees that the defendant was trying to obtain payroll information from ABB but that, at the time, it had not done so. That was because, he said in evidence, the employees had refused to sign release forms permitting the disclosure of information to the defendant. This aspect of Mr Webster’s advice is, if not immaterial to decision of this question, then at least of much less importance than what he said about change. [52] As to Mr Butler�€...

5. [2020] NZEmpC 43 A Labour Inspector v Matangi Berry Farm Ltd [pdf, 423 KB]

   ...Skykiwi websites. 8 Between 1 November 2015 and 31 October 2017 the first defendant employed a total of 207 seasonal workers (“workers”) most of whom held work visas under the Working Holiday Scheme, while a few had a different type of visa permitting them to work in New Zealand. 9 The first defendant did not provide the seasonal workers with written employment agreements. 10 Instead, before the seasonal workers commenced employment, the first defendant completed and sign...

6. [2021] NZEmpC 138 The 20 District Health Boards v New Zealand Nurses Organisation [pdf, 378 KB]

   ...effective contingency plan to be put in place. 19 At [11]. [56] Given a purposive approach, Judge Couch found that the scope of the negotiations under cl 12(5) and the jurisdiction of the adjudicator under cl 13 must be wide enough to permit the parties to agree, or the adjudicator to determine, all issues relating to the provision of an LPS agreement necessary to make the employer’s contingency plan effective. But, he held, the interpretation of those provisions s...

7. LCRO 97/2019 DH v MB (29 June 2020) [pdf, 273 KB]

   ...Court “to remove Mr CP”. (3) Mrs RS’s will, May 2010 [39] Ms DH says Mrs RS’s will (a) omitted naming [Ms DH], and her sister as beneficiaries, and (b) did not explain “why” Mrs RS left Mr CP “15% of the [property] value”, and “permitted [Mr CP] to stay in the house [for] 12 months” after [Mrs RS’s] death. [40] She repeats the firm similarly does not have any file notes made by Mr MB on this matter particularly concerning “the possibility of a future claim�...

8. Andrews v Commissioner of Police [2013] NZHRRT 6 [pdf, 121 KB]

   ...personal information in question. [48] The subordinate position of the Privacy Act in relation to the CDA in this regard is reinforced by the fact that s 39 of the CDA amended the withholding grounds in s 29 of the Privacy Act. An agency is now permitted to refuse to disclose any requested information if: (ia) the request is made by a defendant or a defendant's agent and is— (i) for information that could be sought by the defendant under the Criminal Disclosure Act 2008; or...

9. 2023-10-10-Rebuttal-Evidence-of-J-McConchie-Hydrology-and-Flooding.pdf [pdf, 987 KB]

   ...the scale of earthworks. Generally, the threshold for requiring a land use consent for earthworks would far exceed that required to block or alter the overflow channels. In my opinion therefore, the small changes in flooding in these areas is permitted currently. I can see no justification for these effects, which are permitted by current landowners, to be managed by the Ō2NL Project. 80. It is my opinion that the effects of the Project, irrespective of their magnitude, must b...

10. [2018] NZEnvC 239 Mawhinney v Auckland Council [pdf, 851 KB]

    ...lodged in November 2011, the operative district plan was the Waitakere City District Plan ("the Waitakere Plan") which had been notified in 1995. [14] The relevant rules (italicised words are defined in the Waitakere Plan) are: 2.1 Permitted Activities (a) Subdivisions meeting the following Performance Standards are Permitted Activities (other subdivision rules do not need to be complied with): (i) boundary adjustments where any existing on-site connection to infrastruct...