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  1. [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...

  2. [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...

  3. LCRO 18/2021 MB v RP and ND (14 October 2022) [pdf, 265 KB]

    ...lawyer in a particular situation, the distinction between contentious and non-contentious matters can provide a useful approach.19 [71] If in particular circumstances the lawyer concerned considers the prohibition in r 6.1 does not apply, r 6.1.1 permits the lawyer to “act for more than 1 party in respect of the same transaction or matter where the prior informed consent of all parties concerned is obtained”. Informed consent must be given without influence, and independent from...

  4. RF v CN LCRO 254/2012 (3 November 2016) [pdf, 109 KB]

    ...to be served with enforcement papers at the settlement conference. (d) Ms CN breached s 161 of the Act by recommencing enforcement action in relation to outstanding fees following the release of the Standards Committee decision, before the time permitted for filing a review had 6 expired. He also submits that drafting bankruptcy proceedings and taking other steps to enforce the costs awarded against him by the District Court is in breach of s 161. (e) He should not have to...

  5. 2024] NZEmpC 195 Smalley v Hamilton Hindin Greene Ltd [pdf, 297 KB]

    ...Court's power to make an order under s 178(5) would be exercised on a potentially narrower basis than in the circumstances applicable to a challenge under s 179. A more general right of challenge under s 179 (especially by hearing de novo) permits new evidence or issues to be considered by the Court whereas an application under s 178(5) focuses on the correctness of the Authority's determination which, in turn, will encompass the potentially narrower range of evidence or...

  6. LCRO 55/2024 EFH and KFH v SP and NR (15 October 2024) [pdf, 239 KB]

    ...is desirable in the public interest that this decision be published in a form that does not directly identify the parties or others involved in the matter and otherwise in accordance with the LCRO Publication Guidelines. 23 [119] The NZLS is permitted to provide a copy of this decision to the first committee. DATED this 15TH day of October 2024 _________________________ FR Goldsmith Legal Complaints Review Officer In accordance with s 213 of Act, copies of this decision...

  7. Thomas v Ministry of Social Development [2024] NZHRRT 63 [pdf, 356 KB]

    ...following remedies: (a) a declaration that the action of the defendant is an interference with the privacy of an individual: (b) an order restraining the defendant from continuing or repeating the interference, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the interference, or conduct of any similar kind specified in the order: (c) damages in accordance with section 88: (d) an order that the defendant perform any...

  8. Phase 2 AML/CFT Reforms - Exposure draft amendment Bill - Information Paper [pdf, 446 KB]

    ...purposes, which constrains the flow of information and excludes, for instance, information that’s relevant to AML/CFT supervision or other regulatory management, but not a crime ▪ There’s uncertainty in the regime about what information is permitted to be shared, leading to risk aversion. Information sharing provisions would be extended to allow information to be shared to all agencies and relevant bodies with an interest in the AML/CFT regime. To ensure future flexibility, but...

  9. Cheng v Corrections [2025] NZHRRT 7 [pdf, 332 KB]

    ...following remedies: (a) a declaration that the action of the defendant is an interference with the privacy of an individual: (b) an order restraining the defendant from continuing or repeating the interference, or from engaging in, or causing or permitting others to engage 32 Van Wey Lovatt v Health New Zealand – Te Whatu ora [2024] NZHC 2538. 33 Mr Cheng’s unsworn brief of evidence in reply at [32]-[33]. 13 in, conduct of the same kind as that constituting the interfer...

  10. LCRO 15/2023 and LCRO 21/2023 OE v CN (13 February 2025) [pdf, 266 KB]

    ...[86] In conducting this review therefore, I have taken a somewhat broader view of Mr CN’s duties to Mr OE rather than focusing on the specific rules leading to the findings of unsatisfactory conduct pursuant to s 12(c) only of the Act. [87] This permits, therefore, an overall consideration of the progress, or lack thereof, achieved by Mr CN. Discussion [88] It must be emphasised that the conduct, which is the subject of this review, is Mr CN’s conduct since resolution of the f...