Search Results

1. [2012] NZEmpC 143 George v Auckland Council [pdf, 131 KB]

   ...for relevant documents has been undertaken by AC and it has not been established that the exercise was undertaken on any false or mistaken basis. What Ms George wishes to undertake is a fishing expedition and the authorities in this area do not permit that approach. [26] With the exception of the purchase orders and account numbers and the newly requested BNZ documents, which counsel have agreed will be dealt with between them, Ms George has failed to establish that there are grou...

2. [2015] NZEmpC 121 Morgan Schofield v Transit Coachlines Ltd [pdf, 110 KB]

   ...11 Lesley Brown (ed.) Shorter Oxford English Dictionary (5 th ed, Oxford University Press Inc, New York, 2002) at 1564. 12 Flinders Ports Pty Ltd v Woolford [2013] SAIRC 45. 13 At [44]. Leave does not always involve a permitted absence. In the case of industrial regulation it may not only be the result of a contract but more usually it will be by the terms of an award or enterprise agreement. ... "Leave" in the context of industrial regulation i...

3. Committee on the Elimination of All Forms of Racial Discrimination – summary record 12th-14th reports (continued) [pdf, 125 KB]

   ...distributed in the meeting room in English only) contained encouraging information on the recognition of wider family structures in the reception of migrants belonging to the humanitarian category and on opportunities for those on temporary residence permits to gain permanent residence. He commended the fact that the admission of refugees was an ongoing humanitarian priority in New Zealand’s immigration policy, with a system based both on resettlement quotas and refugee status determina...

4. Wilton TRI-2021-100-002 Procedural Order 8 [pdf, 190 KB]

   ...case may be; and (b) in the case of civil proceedings that are brought against a person in relation to the issue of an energy work certificate, the date of the issue of the certificate. [49] It is also necessary to consider the jurisdiction to permit contribution claims under s 17(1)(c) of the Law Reform Act 1936: 17 Proceedings against, and contribution between, joint and several tortfeasors (1) Where damage is suffered by any person as a result of a tort (whether a crime or not...

5. VAB v Corrections [2022] NZHRRT 31 [pdf, 215 KB]

   ...Bakker, to Early Start. [12] The plaintiff seeks a declaration that Corrections interfered with his privacy, and an order restraining Corrections from continuing or repeating the interference with his privacy and from engaging in or causing or permitting others to engage in similar conduct. The plaintiff seeks $250,000 for damages for humiliation, loss of dignity and injury to his feelings. The plaintiff claims this disclosure significantly damaged his relationship with his partner a...

6. [2023] NZEnvC 187 Schmuck v Northland Regional Council [pdf, 324 KB]

   ...Northland Regional Council (the Council) and Mr Schmuck against Mr Rashbrooke. Background Mr Schmuck owns and operates a small boatyard in Walls Bay, Opua, Bay of Islands. Part of the boatyard activity has occurred under various consents and permits in the Esplanade Reserve, which is between the boatyard and foreshore, as well as on the boatyard land itself. In September 2017, in anticipation of the expiry on 30 March 2018 of discharge consents under which the boatyard operate...

7. Government Response to Te Aka Matua o te Ture | Law Commission Report: The Use of DNA in Criminal Investigations | Te Whakamahi i te Ira Tangata i ngā Mātai Taihara [pdf, 825 KB]

   ...databank compulsion notice regime was extended to returning offenders.3 Developments in forensic science 15. Since the 1990’s, DNA technology has developed rapidly in ways that were not anticipated or provided for in the CIBS Act. As technology permits DNA to reveal more information from tiny traces, poor-quality or mixed samples,4 the regime becomes more intrusive, raising questions relating to the rule of law, privacy, human rights, and tikanga Māori. 16. The CIBS Act is no...

8. [2016] NZEmpC 137 Bennett and Others v Michaels and Others [pdf, 179 KB]

   ...abuse of rights, to which the International Court of Justice was referring in Case concerning Barcelona Traction, Light and Power Co Ltd (Belgium v Spain) (Second Phase) [1970] ICJ Rep 3 when it derived from municipal law a limited principle permitting the piercing of the corporate veil in cases of misuse, fraud, malfeasance or evasion of legal obligations …. [18] English law has no general doctrine of this kind. But it has a variety of specific principles which achieve the sam...

9. Adams v Accident Compensation Corporation [2015] NZACA 8 [pdf, 175 KB]

   ...whether to accept this late application to challenge the level of ERC paid. [32] If the agreement was to be regarded as having any relevance at all to his current claim, the existence of such a settlement could only be adverse to Mr Adams being permitted to proceed with further ERC claims (since the agreement is expressed to be in full and final settlement of all claims Mr Adams may then have had, in addition to those he had then already made). Furthermore, on the assumption that...

10. [2016] NZEmpC 19 O'Shea (Labour Inspector) v Pekanga O Te Awa Farms Ltd [pdf, 247 KB]

    ...the minimum rate of pay. The Authority noted that the failure to meet the MWA rate in this case was due to a mistaken belief that by paying a salary there would be compliance with the law; there was an erroneous understanding that averaging was permitted. [11] Next, the Authority concluded that the breaches of the public holiday provisions in the HA were also errors occasioned by ignorance of the law. However, the Authority considered that public holidays were relatively infrequen...