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1. [2018] NZEmpC 117 GEA Process Engineering Ltd v Schicker [pdf, 237 KB]

   ...the circumstances as “passive obstruction” is also an indication perhaps that the difficulties counsel faced were recognised. [24] Caught up in all of this of course is Mr Schicker, who has indicated that he does not wish to waste financial resources participating in the good faith report process or GEA’s attempts to have the Authority re-open its investigation. With the delays being occasioned by the difficulties over disclosure of documents, Mr Schicker has clearly been c...

2. COVID-19 Justice Sector Survey - Report 6 for the period 19 to 25 May 2020 [pdf, 923 KB]

   ...rules / greater consequences for law breakers. However, proportion of respondents supporting these measures reduced to 28%, down 32 percentage points since late April (Level 4 response). A growing proportion of respondents (24%) vote for more resources, better practices and improved systems and services within the criminal justice system, 10 percentage points more than a week ago. This indicates a shift in respondents’ views from punitive actions during Level 4 response to suppo...

3. COVID-19 Justice Sector Survey - Report 7 for the period 26 May to 1 June 2020 [pdf, 698 KB]

   ...greater consequences for law breakers.” However, the proportion of respondents supporting these measures reduced to 29% (28%), down 31 percentage points since late April (Level 4 response). Almost one quarter of respondents, 24%, suggested more resources, better practices and improved systems and services within the criminal justice system, the same proportion as a week ago. A fifth of respondents, 20% (12%) vote for a greater Police presence / more checkpoints. Figure 7: Answ...

4. [2019] NZEmpC 171 Thorne v Rolton [pdf, 352 KB]

   ...3 Section 103(1)(a). 4 The Court may also consider any other factors it thinks appropriate, s 103A(4). http://www.legislation.govt.nz/act/public/2000/0024/latest/link.aspx?id=DLM60322#DLM60322 (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employer had...

5. A package of family violence and sexual violence initiatives for Budget 2019 [pdf, 4.6 MB]

   ...services. Improving the justice response for victims of sexual violence would involve contracting specialist support from NGO providers, use of technology to allow more evidence and cross-examination to be recorded in advance of trial, and training and resourcing prosecution and defence lawyers to operate in this new model. Funding for video victim statements would cover the costs of the software licensing to record and store the videos, training and equipment for constables, and fund...

6. Proactive Release – Amendments to the Criminal Cases Review Commission Bill [pdf, 1.5 MB]

   ...July 2020 to be the most desirable course of action to fulfil the Government’s commitment. 24 I acknowledge that this approach has an impact on the decision-making processes for funding the CCRC, , in that a fall-back commencement date will require resources be provided to establish the CCRC by that date. Further discussion on funding is below at paragraphs 45 to 58. Allowing the court to authorise disclosure of privileged and confidential information 25 In seeking policy approvals, I...

7. Water Services Entities Bill [pdf, 187 KB]

   ...31. We are of the view that these clauses distinguish and grant differential treatment to Māori on these matters. However, to the extent that the distinctions and differential treatment reflect the status of Māori as kaitiaki of land and natural resources in the respective rōhe in which the water service entities are based, we do not consider that there is any other comparable group who may be materially disadvantaged. 32. Regarding cls 38 and 57, the requirements that members of the...

8. National Standards Committee 1 v Reed [2021] NZLCDT 31 (2 December 2021) [pdf, 122 KB]

   ...taken by her in response to her 5 See above n 1 at para [187]. 6 See above n 2. 8 misconduct, there was no further need for specific deterrence for Mrs Reed. It was accepted that the support system in place for her with the excellent resources available to her and her team, and her awareness of the risks that may arise when carrying a relentless and heavy workload, would ensure no repetition of this conduct. [32] However, the Standards Committee submitted that for the p...

9. LCRO 100/2020 FT v D and O CM (9 June 2020) [pdf, 177 KB]

   ...particularly considering the nature of Mr FT’s work, and the nature of modern technology. [65] I accept Mr FT’s explanation that he was unable to attend at his office for a brief period of time, but it is my view that a practising lawyer with the resources available to them, would have had ample time to attend to filing an application, and an appreciation of the need to do so within the time frames explained in the Committee decision. [66] Nor do I accept Mr FT’s argument, (fo...

10. [2020] NZSSAA 23 (20 November 2020) [pdf, 263 KB]

    ...if she did not retain her home in Nelson, so needs to meet the cost of travel to the work community. It is necessary to deduct these costs from the appellant’s income to give the correct measure of what income from her work truly adds to her resources.5 [36] The concept that income should be measured by what truly adds to a person’s resources was explored by Davison J in F v Chief Executive of the Ministry of Social Development in respect of income measurement for Social Securi...