Search Results

1. [2023] NZEmpC 234 New Zealand Air Line Pilots’ Assoc IUOW Inc v Tasman Cargo Airlines Pty Ltd [pdf, 307 KB]

   ...consider whether s 10 applies and, if it does, to assess a suitable remedy. However, in the interests of completeness, the following comments are made. The union sought a compliance order and tentatively suggested that s 10 could be interpreted to permit the Court to deprive the non-union members of their pay rise, although it was reluctant to be seen to force that outcome. [70] I prefer the analysis in APEX about s 10: the section operates so that to the extent the prefe...

2. UC v OX LCRO 179-180 / 2011 (11 March 2013) [pdf, 139 KB]

   ...It was conducted as a formal proof hearing. The present plaintiffs were entitled to participate in the hearing in respect of quantum and in relation to mitigation, despite the striking out of their statement of defence. In practice, they were permitted substantial latitude and were able to place before the Court a great deal of material. I return to this point below. [30] Written submissions followed the hearing. They were complete by 16 April 2008. 4 [3] UC applied for...

3. HM v B Ltd [2021] NZDT 1553 (3 August 2021) [pdf, 238 KB]

   ...that HM has paid DI on the invoice. I therefore award damages of $1,650.00 for HM’s towing costs. 20. HM claims $100.00 for two trips to hospital and $87.00 for Doctor’s fees. I dismiss HM’s claim for these costs because the Tribunal is not permitted under the Disputes Tribunal Act 1988 to award damages for personal injury. Conclusion 21. For these reasons, I award total damages of $13,740.00 to HM. These damages are to be paid by B Ltd by the date set out in the order. I...

4. [2018] NZSSAA 19 (7 May 2018) [pdf, 250 KB]

   ...requested the assistance of the Regional Health Team, which conducted the review, because the appellant continued to ask for additional costs to be included in her Disability Allowance. [44] In our view, a request for further assistance does not permit the Chief Executive to conduct a review of entitlement under s 81. Such a request can only trigger an assessment of whether or not that request should be granted. There was no justification for using the appellant’s request for...

5. NT v Standards Committee LCRO 131/2014 (21 November 2014) [pdf, 84 KB]

   ...any time up until the hearing, despite what I am satisfied were several prior challenges by the defendants. It is fair to say that part of the reason for this was the fact that this must have been one of the first claims under the 2009 Rules which permit claims to be filed without a full and proper articulation of their legal foundation. [11] He described the claims as lacking legal or substantive merit, or being lodged out of time.14 [12] He then said that: 15 [t]he whole c...

6. Richard Mayer v Complaints Assessment Committee 304 [2017] NZREADT 44 [pdf, 236 KB]

   ...investigator, and his location overseas, he had not been able to contact Mr Bell and that the aspects of the complaint relating to the Family Court proceeding “may have to be raised by you with him directly”. Mr Mayer went on to say that “if permitted” he could provide comments from Mr Bell, “once I have made contact with Andrew if that is what you prefer”. Further, in his response to the investigator, Mr Mayer strongly challenged Mr File’s assertions concerning the af...

7. [2013] NZEmpC 36 Detection Services Ltd v Pickering [pdf, 139 KB]

   ...introduce a new subject and issue for the Court’s determination, which is materially different to those which the parties have elected to challenge pursuant to s 179. Secondly, that the plaintiff has no good and/or just excuse why it should be permitted to elect another part of the Authority’s determination which it previously elected not to challenge, particularly given that the applicant was aware of the time limits and was legally represented. Thirdly, it is submitted that...

8. [2018] NZLCDT 18 National Standards Committee v Shi [pdf, 271 KB]

   ...practitioner”), of Auckland, pursuant to s 241(a) of the Lawyers and Conveyancers Act 2006, with misconduct. Particulars: [redacted]. [13] Counsel for the practitioner did not object to the filing of a further charge subject to his being permitted to make the submission that it might represent duplication. [14] Counsel for the Standards Committee referred the Tribunal to the straight definition of misconduct under s 241(a), which is contained in s 7 of the Act. Counsel rel...

9. Joint Protocol Ministry of Justice and Department of Child, Youth and Family [pdf, 79 KB]

   ...and where a proper interest has been established. (iv) Other relevant search provisions are rule 95 of the Domestic Violence Rules and s 23 of the Adoption Act 1955. Criminal proceedings (i) Section 71 of the Summary Proceedings Act permits a certified copy of convictions to be provided to any person with a genuine or proper interest in respect of summary criminal proceedings in the District Court. (ii) The Criminal Proceedings (Access to Court Documents) Rules 2009 go...

10. [2023] NZEmpC 140 Taniwha v Te Runanga O Toa Rangatira Inc [pdf, 261 KB]

    ...COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021, cl 9. [49] The third allegation concerned what he described as a unilateral variation of contract. He was raising a legal point as to whether the law permitted his employer to act as it did. The employer, in its letter of 11 November 2021, addressed the issue. It is apparent that the Rūnanga realised, from the communications of 10 November 2021, that Mr Taniwha was not accepting the...