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1. White v Rodney District Council [pdf, 101 KB]

   ...the Jordan Report. Each of the quotations received were in the vicinity of $19,000 NZ dollars, excluding GST. [18] The claimants accept that at the time those quotations were obtained, and for the following year, they had the financial resources to undertake the remedial work suggested. However, the claimants failed to do any of the remedial work suggested by Mr Jordan even though they accept they were aware of the usual repair and maintenance obligations upon homeowners...

2. [2014] NZEmpC 117 Hutchison v Nelson City Council re-issued [pdf, 222 KB]

   ...of a team, and a lack of insight as to the effect she was having on others. [15] On 23 August 2011, Ms Hutchison and Mr Louverdis discussed the difficulties which had arisen. Amongst other things, Mr Louverdis raised the possibility of Human Resources (HR) staff becoming involved. Ms Hutchison sent an email to an HR Administrator with whom she had been sharing her concerns as to this possibility. Her colleague said she would raise the issue with Mr Stephen Gully, a long-servin...

3. [2014] NZEmpC 119 Pact Group v SFWU & PSA [pdf, 271 KB]

   ...employees a preference in relation to terms or conditions of employment; whether the employer breached s 4(1) of the Act by misleading or deceiving the unions in collective bargaining by falsely claiming that it did not have the financial resources to pay wage increases equivalent to more than one per cent per annum; and what are the remedies available in law for a breach of s 9 of the Act. [9] The relevant facts are as follows. Pact is a registered charitable trust w...

4. Taylor v Orcon Ltd [2015] NZHRRT 15 [pdf, 125 KB]

   ...BRETT JAMES TAYLOR PLAINTIFF AND ORCON LIMITED DEFENDANT AT PALMERSTON NORTH BEFORE: Mr RPG Haines QC, Chairperson Mr RK Musuku, Member Hon KL Shirley, Member REPRESENTATION: Ms SN Taylor for plaintiff Mr ML O’Connell, Human Resources Director, for defendant DATE OF HEARING: 20 April 2015 DATE OF LAST SUBMISSIONS: 24 April 2015 and 1 May 2015 DATE OF DECISION: 14 May 2015 DECISION OF TRIBUNAL Introduction [1] Orcon Limited (Orcon) is a telecom...

5. [2007] NZEmpC CC 18/07 Murphy v Steel & Tube New Zealand Ltd [pdf, 144 KB]

   ...circumstances faced by this particular employer. [56] A fair and reasonable employer is a good employer but not necessarily a perfect employer. What a fair and reasonable employer will do must be assessed in the real world where employers have limited resources and where there are considerations other than the interests of the employee. Having said that, a fair and reasonable employer will only reach conclusions adverse to the employee after conducting a fair and sufficiently th...

6. Human-Rights-Commission-R-v-Lincolnshire-Coroner.pdf [pdf, 123 KB]

   ...information to the coroner or to co-operate with him in advance of the hearing. Indeed, there is no power for the coroner to require any person to give a statement or to deliver up any documents in advance of the hearing. 41. Mr Burgess described the limited resources available to a coroner, who has no right to reimbursement if he spends money on copying documents, and is at his own risk in relation to any infringement of third party rights arising out of issues relating to copyright or medica...

7. The Māori Trustee v Smith - Waipaoa 5A2 (2017) 72 Tairāwhiti MB 57 (72 TRW 57) [pdf, 546 KB]

   ...progressed with because again the personal cost comes all on one side in unravelling these unduly entwined elements. The Court: Just on that point, Dr Gilling, there is good law, isn’t there, on fiduciaries mixing their personal monies with resources held on behalf of others? Dr Gilling: There is, Sir, and not only Maori land trusts but of course within the development of trust law generally over the centuries. The fact that there has been this intertwining and mingling how...

8. Matuku Ngati Maru Wharanui Pukehou Trust (2009) 245 Aotea MB 15 (245 AOT 15) [pdf, 306 KB]

   ...with the Crown for resolution of the tribe’s outstanding historical claims. The iwi also seeks to make progress in having its fisheries assets properly managed by an appropriately constituted legal entity. Then there are the day to day issues of resource consents, consultation with Government agencies, ministries and departments, tribal development initiatives, and the essential activities that consume the time and resources of tribal authorities. In other words, the strongest su...

9. Restorative Justice: Standards for Sexual Offending Cases [pdf, 666 KB]

   ...offender will not know the full details of the offending or its impacts. Finding this out in the context of a restorative process can be shocking and silencing, so it is important that respect is given to the significance of the information and that resources are available to assist families in dealing with this. The role of support people In a recent survey of restorative justice victim satisfaction19 it is worth noting that of the 19 percent who said they were scared to say what they...

10. Children and young people with charges finalised in the Youth Court December 2018 [xlsx, 254 KB]

    ...G., Kingi V., Robertson J., Morris A., Cunningham C. (2004). Achieving Effective Outcomes in Youth Justice: Final Report. Wellington: Ministry of Social Development. Available from: https://www.msd.govt.nz/documents/about-msd-and-our-work/publications-resources/research/youth-justice/achieving-effective-outcomes-youth-justice-full-report.pdf https://www.msd.govt.nz/documents/about-msd-and-our-work/publications-resources/research/youth-justice/achieving-effective-outcomes-youth-justice-full-rep...