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1. [2020] NZEmpC 165 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [pdf, 294 KB]

   ...2017 and settled Ms Makea- Ruawhare’s personal grievance. [10] Ms Makea-Ruawhare attended mediation with Mr Halse and Ms Simpson; Turuki was represented by its Chief Executive, Ms Winiata, and by Ms Ratcliff, who is engaged by Turuki in a human resources consultant role. Mr Anthony Drake, Turuki’s solicitor, also was in attendance. [11] A record of settlement was entered into under which Turuki agreed that it would make certain payments to Ms Makea-Ruawhare or for her benefi...

2. Nelson Lawyers Standards Committee v Stevenson [2020] NZLCDT 42 (15 December 2020) [pdf, 380 KB]

   ...(which will be addressed in another section) is of particular concern because of the serious adverse consequences, both potential and actual for his clients. [42] The damage to the defendant and prosecution alike, and the wastefulness of public resources cannot be understated. The reputation of the profession has also undoubtedly been harmed. [43] Likewise, the non-too-subtle implied threat to the police officer is conduct totally unacceptable in any lawyer. Aggravating Feature...

3. Options for resolving remaining Canterbury earthquakes insurance disputes [pdf, 371 KB]

   ...dispute or whose wider social or health needs are not being met. Additional support in these areas, before and during dispute resolution processes, could help resolve disputes earlier and more satisfactorily. 45. At this stage, it is unclear where resources would be best directed. There is a risk that further investment in existing support services is perceived as ‘more of what isn’t working’. If you would like to explore providing more support to claimants, we would recommen...

4. Karaitiana - Runanga 2E [2022] Chief Judges MB 454 (2022 CJ 454) [pdf, 399 KB]

   ...application was filed on 9 June 2016. On 8 October 2021, the Report and Recommendations were distributed to all affected parties for whom addresses were known. I regret the delay in addressing this case and note it is part of the continuing lack of resourcing of the Te Whakamaene Team by the Ministry of Justice. [20] In their response to the Registrar’s Report, the Runanga 2E Trust does not consider the Karaitiana Whānau are entitled to any interest in the Runanga 2E block. Th...

5. [2022] NZEmpC 200 Stewart v AFFCO New Zealand Ltd [pdf, 309 KB]

   ...2019, by Richard Rudman, on 16 July 2019, which was forwarded to him on or about 22 July 2019. [61] He said that he had been aware for many years that his IEAs included clauses that required availability, but it was only after obtaining this resource that he understood how these particular clauses were deficient and that there was a statutory basis for raising a personal grievance on the subject. It was in that context that he raised his personal grievance on 20 August 2019, wh...

6. INZ (Gilray) v Singh [2019] NZIACDT 53 (29 July 2019) [pdf, 212 KB]

   ...provided false or misleading information to Immigration New Zealand. Eagle Migration had been contacted by the employer which was accredited with Immigration New Zealand. The law stated that the employer was his “main client”. The human resources manager at the employer had signed the client agreement in line with the Code. [13] Mr Singh explained that pursuant to the instructions received from the client employer, Eagle Migration emailed the employment agreement, the Code...

7. [2016] NZEmpC 50 NZ Nurses Org & Anor v Waikato District Health Board [pdf, 249 KB]

   ...category of dates "1987 - 1996" listed by the Authority and reproduced in [9] above, but the description of her employment during that actual period needs expanding upon. [34] Evidence was given on behalf of WDHB by a long-serving Human Resources Consultant, Ms Julie Gledhill. Ms Gledhill has been employed by WDHB since 1981. Her evidence, which I accept, was that as from June 1990, Ms Panettiere, who had been working with WDHB's predecessor, was on parental leave w...

8. [2021 NZACC 148 – Sherborne v ACC (30 September 2021) [pdf, 389 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person's underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that the treatment did not achieve a desired result does not, of i...

9. Hart v Auckland Standards Committee 1 of the New Zealand Law Society CIV 2012 404 5076 5528 [pdf, 515 KB]

   ...The decision in 85 Lawyers and Conveyancers Act, s 3(1)(a) and (b). each case will need to be made having regard to the purposes and objectives of the LCA. It is also important that the resources of the Tribunal are not expended in determining trivial or inconsequential complaints. We do not consider, however, that the risk of inappropriate referral is high. Standards Committees can be taken to understand the limits of t...

10. Smith - Waiomu 3B2B2B3B2(2015) 105 Waikato Maniapoto MB 12 (105 WMN 5) [pdf, 185 KB]

    ...Green as to the reason for the expense required to put in access from Waiomu Valley Road. He advised that in the 1980’s the cost would have been much less because the access would simply have been put in by bulldozer. However, since that time resource management requirements are now such that the engineering of access must take account of preservation of bush, prevention of erosion and landslides, and safety concerns requiring either double carriageway or passing bays, due to t...