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1. Sansom v Department of Internal Affairs [2016] NZHRRT 17 [pdf, 100 KB]

   ...information, the individual shall be advised that, under principle 7, the individual may request the correction of that information. (3) The application of this principle is subject to the provisions of Parts 4 and 5. [31] Refusal of access is permitted only in the circumstances identified in ss 27 to 29. In the present case only s 29(2)(b) is relevant. It provides: 29 Other reasons for refusal of requests (1) … (2) An agency may refuse a request made pursuant to principle 6...

2. [2023] NZEmpC 173 Pact Group v Robinson [pdf, 334 KB]

   ...obligations to staff under its own policy and Ms Robinson’s expressed cultural needs, and engaged with her on these points. And a fair and reasonable employer in the circumstances, particularly in light of the relatively frequent travel the company permitted at that time, would have arranged an in-person meeting. [32] Pact Group raised a concern during the course of the hearing that it had not been put on notice (including via the pleadings) that its cultural competency would b...

3. [2015] NZEmpC 94 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 262 KB]

   ...the proposed individual employment agreements. Prospective employees were invited to take these away, consider them and, if they wished, to arrange a one-on-one meeting with a company representative although at which the second plaintiffs were permitted to bring a representative. Either at such a meeting or otherwise, the prospective employees were invited to return the company’s form of individual employment agreement (a complex 36-page legalistic contract resembling more one f...

4. Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C Tamaki 2A2A Balance [2013] Māori Appellate Court MB 105 (2013 APPEAL 105) [pdf, 265 KB]

   ...(1734) 3P Wms 249. See also Butler et al Equity and Trusts in New Zealand (2009) Thomson Reuters, Wellington, at 497-502 24 [1898] 1 Ch 550 (CA) 25 [1902] AC 271 (HL) Maori Appellate Court MB 118 Moreover, as a fiduciary a trustee cannot permit any conflict between personal interests and the trustee’s duties to the beneficiaries: Boardman v Phipps.26 Discussion [42] Judge Coxhead found that the Trustees had broken the duty of impartiality on two counts. Firs...

5. Regulatory Impact Statement Implementation of the anti money laundering and countering financing of terrorism act 2009 proposed regulations [pdf, 1.1 MB]

   ...financial products and activities Product Altemative options (If any) Preferred threshold Stored Value Set maximum withdrawal thresholds, or Two thresholds: $5000 for stored value instruments that do not instruments maximum annual value thresholds. permit withdrawal of cash ('closed system'), and $1000 for Costs stored value instruments that permit cash withdrawals ('open system') Approach would Impact consumer demand, Costs and therefore reduce volume of bus...

6. Memorandum of Counsel for Wellington International Airport Limited (dated 07 May 2018) [pdf, 1.7 MB]

   ...unacceptable. If required, this reconfiguration could be achieved utilising the current resource consent application before the Court, together with a minor redesign at the northern end of the runway within WIAL's current landholding as a permitted activity within the Airport and Golf Course Precinct. 6. The RESA recommendation focuses on the appropriate length of the RESA in the context of Civil Aviation requirements informed by the Supreme Court decision. II is considered t...

7. OWRUG & Grape Vision Ltd - EiC - J Dicey - Horticulture (4 Feb 2021) [pdf, 1.1 MB]

   ...casual jobs have also been created due to this investment. 57. Short terms associated with water consents will compromise the values of vineyards and make development of additional productive area prohibitive. The costs of securing the short term permits are rapidly escalating and will redirect money to funding these applications rather than developing more productive land. 58. Water is applied in a very effective and efficient manner in accordance with industry best practice. Addition...

8. [2007] NZEmpC WC 29/07 Hawkins v Commissioner of Police [pdf, 91 KB]

   ...member ceases to be a member of the police when the notice period expires or is waived. Under both ss28C and 28D the Commissioner’s decision is made after considering medical reports. Under s28D which applies in this case, the Commissioner may permit such an application if he or she is satisfied that the member is incapable of performing police duties competently. [24] There are two material differences between s28C and s28D. First, a disengagement under s28C is compulsorily...

9. [2013] NZEmpC 207 Nee Nee v C3 Ltd [pdf, 139 KB]

   ...produced some bottles, including a ginger beer bottle he claimed to have retrieved from the bins, to corroborate his assertions. [17] Mr Nathan denied drinking beer on the premises but admitted drinking outside the premises as he was permitted to do. During the course of the disciplinary investigation, but not initially, he also indicated that he had gone to the supermarket to buy more beer and raised an assertion that he had only consumed ginger beer on the premises....

10. [2008] Olsen v Carter Holt Harvey IT Ltd Full Court [Chief Judge Colgan, Judges Shaw and Couch, AC 45/08 [pdf, 97 KB]

    ...conduct which was misleading and deceptive. This cause of action also raises principally issues of fact. 4 Unjustified dismissal [14] Mrs Olsen says that, although she was offered and accepted employment by DMS 2005, she was not permitted to take up that employment. She says that this was an unjustifiable dismissal. The issues raised by this cause of action are again essentially factual. They centre on whether, an offer having been made, Mrs Olsen accepted that...