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1. [2013] NZEmpC 35 Tan v LSG Sky Chefs NZ Ltd [pdf, 204 KB]

   ...Catering” from 23 September 1991 to 22 February 2011 as an equipment supply officer and that his employment had to cease due to restructuring. [25] Mr Tan attended a meeting on 23 February 2011 at LSG where he met Marie Park, LSG’s Human Resources Manager. He was told by Ms Park that LSG did not accept him as a transferee from PFC. On 2 March 2011, he received a letter from Ms Park which set out what were described as LSG’s concerns about his transferring as a vulnerable...

2. Non-discrimination standards for government guidelines [pdf, 392 KB]

   ...Canada summarised the essential ingredients of the enquiry. 13 Dickson CJ in R v Oakes (1986) 26 DLR (4th) 200 SCC. 14 Zundel v R [1992] 2 SCR 731. 25 As a rule, while it is reasonable to take into account economic issues, you should not rely upon a resource issue alone to justify the rationality or proportionality aspects of section 5. The Canadian Supreme Court has said that economic concerns are not, by themselves, sufficient to justify a limitation on the rights and freedoms in the Cana...

3. Regulatory Impact Statement Review of aspects of the bail system [pdf, 268 KB]

   ...powers for Police to effectively enforce bail conditions imposed on young defendants under 17 years old. A perception that defendants may be granted bail in return for providing information to Police. The disruption to Court schedules and waste of resources arising from defendants failing to answer bail. An outdated approach to specific offences that are bailable as of right. The possibility for inconsistent practices to develop throughout the country as a result of electronical...

4. LCRO 74/2020 NS v AD (29 January 2021) [pdf, 285 KB]

   ...At this time Ms G had a heavy workload. In about May 2017, she asked Ms H, an employee in the law firm PCG Law which had its offices on the same floor as Ms G, to take over the DV proceedings on Ms AD’s behalf. She told Ms H that she and the resources of her law firm would continue to assist with that legal work. [9] Ms AD’s English was limited, but her husband’s niece (Ms V) accompanied her to the legal meetings and acted as an informal translator between the lawyers and Ms...

5. The Trustees of the Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block and a preliminary decision of the Chief Judge at 2013 CJ 567 [2014] Māori Appellate Court MB 394 (2014 APPEAL 394) [pdf, 377 KB]

   ...hapū then the result is the same. So the majority of Māori reservations are set aside for hapū and kin based groups usually for the purpose of burial grounds, marae or meeting places, sites for traditional food gathering and accessing natural resources including rōngoa, places of historic and cultural interest including waka landing sites, battle grounds, sites of worship and customary observance. Equally importantly, at the risk of belabouring the point, the setting aside of ar...

6. [2020] NZEmpC 139 KiwiRail Ltd v Mobbs [pdf, 450 KB]

   ...1994. [20] Mr Mobbs said in his oral evidence that it was initially agreed he was entitled to leave, and that KiwiRail then changed its mind. This was a reference to a conversation between Mr Mobbs and Ms Michelle Cheeseman, a Senior Human Resources Business Partner. It was her evidence that Mr Mobbs had said he was looking to retire soon. She had told him in effect that it would be desirable for him to give a good amount of notice, and she could also check if he had retirement...

7. [2018] NZEmpC 110 A Labour Inspector v Prabh Ltd [pdf, 508 KB]

   ...continuing to operate. The financial position and trading future for Prabh are doubtful. As Mr Clews submitted, it continues to trade only because of the security provided to it by the other two individual defendants. However, their financial resources have been exhausted in paying the arrears that have arisen and in keeping the business afloat generally. He submitted that to ensure that the employees have received their entitlements in this case, payments to other creditors hav...

8. [2018] NZEmpC 79 Hines v Eastland Port Ltd [pdf, 513 KB]

   ...on 26 May 2017 went beyond discussion of possible outcomes. It was a lengthy meeting – around three hours long - attended by Captain Hines and Mr McBride as his representative, and Mr Gaddum with Mr Moroney and Ms Barclay from EPL’s human resources team. [65] At the meeting Captain Hines went through again what he said took place with respect to both the Emerald Princess and the Seamount Explorer. [66] He confirmed that he was still of the view that he had not breached the...

9. The use of imprisonment in New Zealand [pdf, 1.1 MB]

   ...evidence, the Department of Corrections has initiatives planned to reduce the flow of inmates into prisons by reducing the reoffending rates both of prison inmates and people serving community-based sentences. However, these initiatives are limited by resource constraints. Alternatives to Imprisonment Section 8 examines the relationship between the imprisonment rate and the number of offenders serving community-based sentences. For a number of years it has been said...

10. [2017] NZEmpC 70 Edminstin v Sanford Limited [pdf, 515 KB]

    ...employees in analogous situations. I do not agree with Sanford’s overall analysis that the case’s significance is limited strictly to Mr Edminstin and Sanford. That is, if nothing else, antithetical to the significant energy and financial resources committed to the case by both parties and the potentially broader implications of the judgment I inferred from the evidence of Sanford’s (former) human resources manager. [6] Because what constitutes “marks” is in part...