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...holiday pay due on the above sums. [90] That being the case, the issue for the Court in respect of those particular breaches is whether it was appropriate to order payment of a penalty for the unchallenged failure to pay the sums. I deal with each separately in light of the criticisms made by the Authority. 29 Borsboom (Labour Inspector) v Preet PVT Ltd [2016] NZEmpC 143, (2016) 10 NZELC 79-072 at [139] – [151]. 30 Lowe...
...Bill of Rights Act but are given effect by other legislation and by common law. For example, the Privacy Act 1993, together with the common law tort of privacy, provides for rights of personal privacy (although these are also in part addressed through the right against unreasonable search and seizure). Similarly, the Children, Young Persons and their Families Act 1989, the Care of Children Act 2004 and other related legislation give effect to the rights of families and children. Th...
...people to reach agreement without going to court. Family Dispute Resolution is a core part of the new services. The reforms encourage self or assisted resolution by requiring that applicants to the court (other than without notice) have attended a Parenting through Separation course and attempted to resolve their disputes via Family Dispute Resolution (FDR) prior to court entry. 1 The new legal support service is intended to help clients understand their responsibilities and optio...
...[4] Until her dismissal in January 2010, Mrs Fox had been employed at Hereworth School in Hawke’s Bay as a junior school classroom teacher since the beginning of the 2008 school year. In mid-2009 issues arose about Mrs Fox’s reporting to parents about their sons’ grading and progress. These matters escalated and the school’s headmaster engaged a consultant (who was also the Vice-Chairman of the Board) to investigate the issues. After the consultant’s report was issued, t...
...– the guidance is a living document and will need refining as we work out how best to communicate the various policies and orders. We will restart our communities of practice hui in February and use that as a forum to stay connected and work through how best to respond in this new environment. Looking ahead to 2023: Survey seeking feedback will be live from Dec – Feb 2022 We have been thinking about starting to gather your feedback in preparation for new contracts in 2023. We...
...acknowledged by all parties to this application that Kiwa Mokena (Kiwa) was Tamati Mokena’s whāngai son. Kiwa’s biological father, Rore Luke (also known as Rore Ruka), and his mother, Pokipoki Karewa Riwaka (also known as Pukepuke Kerewai Riwaka), separated when Kiwa was 2-3 months old. Pokipoki subsequently entered into a relationship with Tamati Mokena, and is the second wife referred to in Ranginui Mokena’s statement quoted above. Kiwa’s birth certificate shows his name as...
...a research grant by Department for Courts 2 BA (VUW) BMus (1 st class Hons) (Canterbury), freelance researcher and writer 2 Part I: The last 100 years: an International Perspective The Founding Of The First Juvenile Courts The existence of a separate court for young offenders is relatively recent in Western legal systems. Historically, young offenders were convicted and punished as adults in adult courts, and age offered no exoneration. The justice system was characterised by the ‘Cl...
...notice and submissions, is whether the land in question is Māori customary land. [5] However, as part of oral submissions made at the hearing the appellants both referred to the injustice of being evicted from homes built and paid for by their parents, with the only alternative offered by the trustees being to pay a full market rental in relation to the houses and land occupied by them. The appellants understood that they would have perpetual occupation of the properties and that...
...select the word or phrase that applies. Where alternative statements are indicated, select the statement that applies If there is insufficient room on the form to provide all the required information you should continue your application on a separate sheet of paper; and Additional information – in addition to completing this form, if the application requires you to provide further information you must include all documents, information or evidence you wish the Court to consid...
...of Health 1 the Court of Appeal recognised that “[O]ne of the purposes of NZBORA is to affirm New Zealand's commitment to the International Covenant on Civil and Political Rights”. The respondents were adult disabled children and their parents who were affected by a Ministry of Health policy excluding family members from payment for providing disability support services. They claimed the policy discriminated on the basis of family status. The Court of Appeal held the policy...