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1. Rudd v Hemana - Horowhenua 11 Lake (2022) 451 Aotea MB 214 (451 AOT 214) [pdf, 343 KB]

   ...Seconded: Deana Paki Passed: Majority – 6 objecting Matters of contest [36] Mr Rudd raises the following specific complaints about the election and SGM processes: (a) The election hui and the SGM was not quorate; (b) Mr Hockly was not permitted to be appointed as the Independent Returning Officer; (c) The voting form was flawed because it allowed for a tick or a cross which would have confused voters; and (d) Overall that the Trust did not seek appropriate directions of...

2. LCRO 178/2021 AA v EL (26 November 2021) [pdf, 256 KB]

   ...to a settlement conference. He had little confidence that a settlement conference would achieve anything. He was determined in his position. He was resistant to any suggestion other than that the matter proceed to trial. [90] But Mr EL was permitted, and indeed required, to vigorously oppose a position which he did not consider to be in his client’s interests. [91] But Mr EL’s criticism of Mr AA was not, nor was it intended to be, a criticism of Mr AA personally. It was cr...

3. [2010] NZEmpC 32 Maritime Union of NZ v Ports of Auckland [pdf, 100 KB]

   ...good faith to achieve directly with individual employees covered by the collective agreement what it had omitted or failed to achieve in bargaining with the union for that collective agreement. Further, the union contends that POAL should not be permitted in good faith to take a significant step towards contracting out by placing employees on fixed term agreements without consultation about these. [83] Some of the plaintiff’s witnesses claim that if fixed term agreements had be...

4. [2015] NZEmpC 127 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 333 KB]

   ...nature, describe the class sufficiently to enable the class to be identified. [94] The requirement to make a concise and ordered list or index of the documents is provided substantively in reg 42(3)(a) of the Regulations. [95] Regulation 44 permits a party served with a Form 6 notice to object to the disclosure of any documents or class of documents by giving to the party requesting the disclosure, a notice of objection in Form 7. That must specify the document or documents to w...

5. Waitangi Tribunal - The new approach revisited [pdf, 586 KB]

   ...maintains its focus on its inquiry jurisdiction, which is to make findings on claims against the Crown. 4.6 In order that all parties have notice of the extent of cross-examination sought, and the focus of the cross-examination, cross-examination is permitted only by leave. All parties must seek leave to cross-examine prior to the hearing at which the witness appears. Each Tribunal will set its own deadline for the filing of such applications. Annexure 1: the standard new approach Page 18...

6. [2009] NZEmpC AC 20/09 Allen v Transpacific Industries Group Ltd t/a Medismart Ltd [pdf, 101 KB]

   ...that he was paid for the time between when he clocked in and when he clocked out of work. There was no, or only minimal, external supervision of his job performance and no systematic oversight of the hours claimed by him. Although Mr Allen was permitted two 20- minute paid refreshment breaks and a 1 half-hour unpaid meal break, when and how these were taken were left largely to him. The employer deducted automatically half an hour’s pay each day from the amounts calculated betw...

7. Proactive release - Security Information in Proceedings Legislation Bill.pdf [pdf, 2.2 MB]

   ...considered within this broader suite of counter-terrorism proposals (the Terrorism Suppression (Control Orders) Bill, [CBC-19-MIN-0039] and Strengthening New Zealand’s Counter-Terrorism Legislation [CAB-19-MIN-0612] refer, noting neither proposal will permit NSI to be used as evidence in a substantive criminal trial). The current general law is inadequate 11. Our current settings provide insufficient assurance to the Crown that NSI can be adequately protected if it needs to be used in cour...

8. LCRO Annual Report 2009 [pdf, 520 KB]

   ...against a former client A company complained about the conduct of a lawyer in seeking to recover an outstanding debt from it for the lawyer’s client. It complained that the lawyer had acted for it some time previously and should not now be permitted to act against the company. Secondly, it stated that the lawyer ought not have issued a statutory demand in light of the fact that the debt was disputed. This review concerned conduct which occurred prior to 1 August 2008...

9. [2011] NZEmpC 12 Unite Union Inc and Sherman v SkyCity Auckland Ltd [pdf, 205 KB]

   ...of view. However, in the ebb and flow of industrial action, steps taken to weaken the opposition‟s bargaining position in order to strengthen ones own, providing they fall within the definition of lawful strikes and lockouts, are expressly permitted by the Act. If strike action or lockout action can be reduced in its impact by the other side‟s response, that may weaken the party taking the industrial action and persuade it to return to the bargaining table, rather than cont...

10. [2011] NZEmpC 152 Blackmore v Honick Properties Ltd [pdf, 178 KB]

    ...this question turns on whether, at the time the individual employment agreement containing the trial period provisions was entered into, Mr Blackmore had or had not been employed previously by HPL. If he had been, then the legislation does not permit the parties to have entered into a valid trial period. [36] This was one of the questions considered in the first (and only other) judgment on s 67A that has come before the Court, Smith v Stokes Valley Pharmacy (2009) Ltd. 3 This...