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1. Hamilton Runs Ltd - EiC - EiC (filed 5 Feb 2021) [pdf, 3.3 MB]

   ...have high rates of burn out and stress, which have the potential to lead to depression and other forms of mental illness, as well as suicide. We have invested in irrigation improvements, taking on this debt to ensure we are using the precious water resource in the most efficient way. We have real concerns which are impacting the mental health of our family members - we have sleepless nights worrying about renewal of consents and what the outcome of PC7 will do to our ability to repay the...

2. Xu v Accident Compensation Corporation [2022] NZACC 205 [pdf, 247 KB]

   ...been properly construed or interpreted and applied to the facts: CIR v Walker.12 • Even if the qualifying criteria are established there remains an extensive discretion in the grant or refusal of leave to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: Jackson and Kenyon.13 Grounds of appeal [20] Ms Xu’s submissions in support of her...

3. [2023] NZEmpC 51 Halse v Employment Relations Authority [pdf, 209 KB]

   ...proceedings and those determinations are likely to be determinative of substantial issues to be resolved in the proceedings at hand. The argument is often that the parties would incur unnecessary expense and it would be a potential waste of judicial resources if the current proceedings were to proceed prior to the delivery of the Court of Appeal’s judgments.8 [17] Mr Halse has said that he will be filing proceedings in a separate (but similar) case.9 He says that in that case he...

4. [2009] NZEmpC AC 24/09 Turners and Growers Ltd v Marshall [pdf, 26 KB]

   ...the defendant. [14] Ms Swarbrick submitted that the evidence of serious risk of destruction or disposal of the material is contained at paragraphs 60 to 69 of the affidavit of Delys Tansley, the plaintiff’s general manager of human resources. Ms Tansley deposes that Mr Marshall has denied having confidential information but describes him, from her experience of dealings with him, as “cagey, inconsistent, antagonistic and does not give accurate responses to questions...

5. [2008] NZEmpC AC 35/08 Webb v New Zealand Tramways and Public Passengers Transport Union Inc [pdf, 30 KB]

   ...that a headnote summary of the determinations prepared by the Authority for publication on the Department of Labour’s website would be a better way of informing interested union members. Such summaries are, however, prepared for legal and human resources practitioners and tend to emphasise the legal outcomes and the Authority’s reasoning. There are other parts of the Authority’s determinations that should be available to members so that, put succinctly, more may be...

6. OIA-108320.pdf [pdf, 1.2 MB]

   ...brand refresh (Internal sub-brand) New Zealand Crime and Victim Survey brand design re-brand Hapaitia te Oranga Tangata: Safe and Effective Justice programme brand design Behavioural Science Aotearoa brand design Te Ao Marama brand design Resources and Care for Children brand refresh Te Whaiao (Improving Justice Outcomes for Maori) framework and Te Ngira Kapehu (structured and focused approach to lift Maori-Crown relations' capability) brand design 2017/18 2017/18...

7. Roberts v ACC (Claims process) [2024] NZACC 69 [pdf, 198 KB]

   ...helpfully identified by the Supreme Court of Canada in Borowski v Attorney-General. They are, first, the importance of the adversarial nature of the appellate process in the determination of appeals, secondly, the need for economy in the use of limited resources of the appellate courts and, thirdly, the responsibility of the courts to show proper sensitivity to their role in our system of government. In general advisory opinions are not appropriate. … [24] The Court's prima...

8. [2011] NZEmpC 152 Blackmore v Honick Properties Ltd [pdf, 178 KB]

   ...include the circumstances of the employee and employer. (2) For the purposes of subsection (1), circumstances, in relation to an employee and an employer, include— (a) the operational environment of the employee and employer; and (b) the resources available to the employee and employer. [29] Next is s 68 (―Unfair bargaining for individual employment agreements‖) which provides materially: (1) Bargaining for an individual employment agreement is unfair if— (a) 1 or mo...

9. 2020 NZEnvC 143 Envrionmental Defence Society Incorporated v New Zealand Aluminium Smelters Limited [pdf, 7.2 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 143 of the Resource Management Act 1991 of an application for declarations under s 310 of the Act ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2020-CHC-99) Applicant NEW ZEALAND ALUMINIUM SMELTERS LIMITED Respondent Court: Environment Judge J E Borthwick Hearing : Sitting alone in Chambers pursuant to s 279 of th...

10. Kumar v Ahuja [2014] NZIACDT 120 (19 December 2014) [pdf, 123 KB]

    ...or say an unlicensed person was responsible for aspects of the professional relationship. [16] The usual point of difficulty is what is controllable. Proper control requires that a professional person maintain effective control over employees and resources within a practice. Regardless, there are occasions when professional persons are blameless victims of deception, or other circumstances, and that will not trigger professional disciplinary consequences. However, the issue in this comp...