Search Results

1. [2014] NZEmpC 119 Pact Group v SFWU & PSA [pdf, 271 KB]

   ...a common theme of both cases, and others. [7] During final submissions Mr Oldfield, counsel for the defendants, sought leave to add a further remedy for breach of s 9 of the Act. Very fairly, Mr Dorking did not oppose that application and I permitted the defendants to add a compliance order under s 137 of the Act, to their cross-challenge remedies. Mr Dorking was allowed a period to consider and make submissions on the question of this remedy, with Mr Oldfield having a subsequen...

2. [2021] NZEmpC 8 Commissioner of Police v New Zealand Police Assoc Inc [pdf, 464 KB]

   ...secondment resulted in additional expenses. Mr Ansell said that the MVR clause specifically covered the situation where members were required to travel to an alternative place of work for the purpose of carrying out their duties. Police were not permitted to circumvent the clause by stating that a voluntary secondment was different from other secondments. [25] On 1 September 2014, the then Acting National Secretary of the Association, Mr Greg Fleming, wrote to Superintendent Ric...

3. January National Panui 2021 [pdf, 254 KB]

   ...required to enable us to forward a copy of the monthly National Pänui to you. Information about you will not be disclosed to any other person in a form that will identify you except where you have consented to such disclosure or where such is required or permitted by the Privacy Act 1993 or otherwise as permitted by law. You may at any time contact us to check the details held and request changes by writing to the Pänui Analyst, DX Box SX11203, Wellington, or by email to MLCpanui@justice....

4. [2015] NZEmpC 58 Hoff v The Wood Lifecare (2007) Limited Industries [pdf, 177 KB]

   ...this room. Studio 3 was not an empty room and Debbie was told not to unlock it. [44] Ms Berryman was cross-examined about this evidence and in the end she conceded that she could not remember whether she had told Debbie that she wasn't permitted to access Studio 3. The point is, however, that what Ms Berryman alleged in her evidence about giving instructions to Mrs Hoff was information which should have been conveyed to Mrs Hoff in a timely way prior to her dismissal so that...

5. Hutcheson v Houkamau - Porangahau 2B No 10 (2021) 88 Takitimu MB 118 (88 TKT 118) [pdf, 581 KB]

   ...of Trusts in Australia (8th ed, Lexis Nexis Butterworths, Australia, 2016) at [17-39] 39 Breakspear v Ackland [2009] Ch 32 88 Tākitimu MB 140 The authorities also confirm that there is no dispute that as a fiduciary a trustee cannot permit any conflict between personal interests and the trustee’s duties to the beneficiaries: Boardman v Phipps.40 Even a potential conflict of interest is enough to render a transaction improper:41 A reasonable man looking at the relevant...

6. [2021] NZEnvC 027 Director-General of Conservation v Taranaki Regional Council [pdf, 1.8 MB]

   ...water). (ii) Maintenance and operation of specified infrastructure within or within a specified distance from a natural wetland (including vegetation clearance, earthworks or land disturbance, or the taking, use, damming or discharge of water) is a permitted activity subject to certain conditions provided for in regulations 46 and 55. If those conditions are not complied with, maintenance and operation becomes a restricted discretionary activity. (b) "Reclamation" of the bed...

7. [2019] NZEmpC 187 Byrne v The New Zealand Transport Agency [pdf, 411 KB]

   ...non-disparagement clause. He said it was a very strange conversation. Mr Sephton’s decision [48] Following this meeting, Mr Sephton decided to proceed on the basis of the draft contractual documentation which existed between NZTA and WSP Opus, which permitted NZTA to give a direction as to how many people and who would be working on the Project. [49] The relevant clause of the CCCS was as follows: 4.3 Key Personnel The written approval of the Client shall be obtai...

8. January 2020 National Panui [pdf, 255 KB]

   ...required to enable us to forward a copy of the monthly National Pänui to you. Information about you will not be disclosed to any other person in a form that will identify you except where you have consented to such disclosure or where such is required or permitted by the Privacy Act 1993 or otherwise as permitted by law. You may at any time contact us to check the details held and request changes by writing to the Pänui Analyst, DX Box SX11203, Wellington, or by email to MLCpanui@justice....

9. Anti-Money Laundering and Countering Financing of Terrorism - Cabinet Paper 4 - March 17 [pdf, 241 KB]

   ...statute (for example, NZ Law Society). Such sharing must be for law enforcement or regulatory purposes, and the disclosing agency needs to be satisfied that the other agency/regulator has a proper interest in receiving the information. Unless permitted under another statute, any other sharing of information relevant to the Act, for example to or from reporting entities, or from regulators, can be made in accordance with regulations or an information sharing agreement. This...

10. [2017] NZEmpC 127 South Canterbury District Health Board v Sanderson [pdf, 709 KB]

    ...book enables ATs to note shift preferences, inclusive of on-call shifts. The use of the book is variable between ATs. Requests are accommodated where possible, there being few circumstances where a request cannot be fulfilled. ATs are also permitted to swap shifts. [39] At all material times the DHB maintained, and it continues to maintain, accommodation for call-back purposes. The location and nature of this accommodation has varied over the period of the AT’s claim. [4...