Search Results

1. [2012] NZEmpC 51 New Zealand Cards Ltd v Ramsay [pdf, 130 KB]

   ...Beresford’s submissions were made orally and were difficult to discern. Considerable time was required to review what he had said and identify the case for the Company. [74] The Christchurch earthquakes have impacted heavily on the Court‘s resources and my availability to devote the necessary time to completing this judgment. Conclusions In summary, my judgment is: (a) Mr Ramsay was unjustifiably dismissed. (b) NZ Cards Limited is to pay Mr Ramsay $2,880 as reimbursement...

2. [2018] NZEmpC 37 Edminstin v Sanford Ltd [pdf, 396 KB]

   ...the significance of the marks to Mr Edminstin. They represent the accumulation of knowledge gained during his working life in the Bluff oyster industry. In that situation, the inevitability, and reasonableness, of him having applied significant resources to securing the return of his property was said to justify an uplift. [23] An aggravation feature assisting in justifying an uplift was a claim that Sanford had breached the settlement agreement. [24] For comparative purposes,...

3. Whariki Haumaru Full Report [pdf, 805 KB]

   ...were able to influence people who police have found difficult to reach: “One of the people contacted by Josie has an extensive criminal history with police and in the past has evaded police at every opportunity, which resulted in many police resources being utilised to apprehend him. When contacted he advised Josie that he would head into the Napier courts to sort his warrant out. On checking this morning, this person made a voluntary appearance yesterday arvo as per his agreement w...

4. [2021] NZACC 150 – Turnbull v ACC (30 September 2021) [pdf, 332 KB]

   ...(including gravity), or resistance, external to the body; or (iii) involves a twisting movement of the body: Issue 2 [i] Whether gravity is a force external to the human body under the 1992 Act [39] I discuss the case law and the Parliamentary resources, including Hansard, in considering this issue. [40] Counsel referred to case-law which discussed whether gravity is a force or resistance external to the human body and capable of causing injury under the 1992 Act. [41] Th...

5. [2008] NZEmpC AC 14/08 Board of Trustees of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds [pdf, 80 KB]

   ...Relations Bill, its explanatory note included the following: In terms of problem resolution in employment relationships, a strong emphasis is placed on the prior resolution of problems by the parties themselves, who will have access to a wide range of resources, through information provision, structured or unstructured mediation and other services to voluntarily resolve matters at an early stage. Mediation is the preferred option at all stages, although it is recognised that some probl...

6. JR v SW LCRO 91/2014 (27 March 2015) [pdf, 99 KB]

   ...reviewing the pleadings, experts’ reports and witness briefs, concluded that the litigation was both factually and legally complex, and rated the difficulty of the litigation at a high level such as to “justify the application of significant legal resource”.11 [74] Mr YT, who had reviewed the statements of claim and opening submissions, concluded that the case was factually and legally complex, and considered that a number of the legal issues raised by the case were novel....

7. Regulatory Impact Statement a Stronger Response to Family Violence information sharing between court jurisdictions in domestic violence cases [pdf, 193 KB]

   ...put judges in a better position to make the most informed decisions.        5. Finally, fully realising the impact of changes to legislation in this area is partly dependent on the  ability of court staff and systems to deal with changes. This  is a finite resource and would be  unlikely to meet significant numbers of new requests for information. The fact that much court  information  is not  in electronic  form  fur...

8. [2024] NZLVT 011 - Hamilton-City Council v Shaw (15 April 2024) [pdf, 452 KB]

   ...(a) the sliver was in Stage 1 area under the ODP and is in the Peacocke Precinct (formerly Stage 2) under Plan Change 5 (‘PC5’). Within the Peacocke Precinct the sliver is in a Natural Open Space zone; (b) at the date of the valuation, any resource consent application for a subdivision would be required to be assessed under both the ODP and PC5; (c) the sliver contains ecological values that would have engaged the objectives and policies within the Natural Environments Chapte...

9. ASC Annual Report 2017 [pdf, 1.5 MB]

   ...believes could be improved. Progress on any legislative changes is now in the hands of Parliament. The ASC hopes Parliament will give due regard to the opinions previously expressed by the ASC regarding the significant waste of time and financial resources spent over the last decade on defending court proceedings. Costs associated with previous litigation totalled $470,359.49 to date with only $84,351.43 recovered by way of awarded costs paid by the plaintiff. At the time of pre...

10. Privacy Bill - additional policy decisions [pdf, 304 KB]

    ...de-sensitised to notifications and less concerned to take protective action. This undermines one of the purposes of the notification regime. 20. High volumes of notifications risk reducing the Privacy Commissioner’s effectiveness by diverting resources from the egregious or systemic breaches. A further concern for business submitters is that the threshold is considerably out of step with comparator jurisdictions, which, they suggest, could damage New Zealand’s international reput...