Search Results

1. [2023] NZEmpC 217 MGK Homes Ltd v Yoon [pdf, 289 KB]

   ...what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. (3) In applying the test in subsection (2), the Authority or the court must consider— (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 em...

2. Child Rescue Charitable Trust v Accident Compensation Corporation (Employer Levy Classification) [2023] NZACC 73 [pdf, 212 KB]

   ...time staff who implement the organisation’s mission and strategy. The governing board meets bi-monthly to provide accountability, strategy, leadership and professional advice to the organisation. … Main Sources of Entity’s Cash and Resources Donations, grants and sales of merchandise. Main Methods Used by Entity to Raise Funds Hosting presentations and promotional stalls, fund raising dinners, website, social media, online peer to peer fund raising campaigns and sal...

3. Rendell v Attorney-General [2024] NZHRRT 7 [pdf, 238 KB]

   ...reasonable attempts to find the information requested and efforts to search for the information must be thorough and intelligent, rather than mechanical.10 A diligent approach is required but an agency is not required to invest unlimited time and resources to search for information that may not exist or which cannot, despite diligent search efforts, be found.11 Did the Police make reasonable, diligent attempts to find the information? [32] Mr Rendell submits that the Police did not t...

4. Sycamore v McLaughlin - Rangatira E (2025) 335 Waiariki MB 40 (335 WAR 40) [pdf, 268 KB]

   ...explain that the delay in providing audited financial accounts, as required by cl 7(c), was due to factors outside their control. There were significant delays from the auditor during the COVID-19 period. The audit sector had to secure a lot of its resources from overseas, which led to delays in the trustees receiving the reports. The trustees submit that it would be unfair to put the actions of the auditor on the trustees, as these are not actions undertaken by the trustees, and they...

5. MJ v Accident Compensation Corporation (Leave to appeal to the High Court) [2025] NZACC 007 (14 January 2025) [pdf, 208 KB]

   ...(f) One factor in granting leave is the wider importance of any contented point of law. (g) Even if the qualifying criteria is made out, the court has an extensive discretion to grant, or refuse leave so as to ensure the proper scarce judicial resources and the finality of litigation. MJ’s submissions [51] Two issues were determined by Judge Spiller. In her leave to appeal application MJ directed her submissions to the second issue - cover for PTSD as a new injury. No specific...

6. Herewini - Succession to Ra Herewini [2024] Chief Judge's MB 1103 (2024 CJ 1103) [pdf, 506 KB]

   ...All the main parties, including the original applicant and his mother, are now deceased. The land remains in the ownership of the original applicant’s sister along with her partner. They have invested a significant amount of time, effort and resources into the property. To allow the other siblings or their successors to inherit the land after so many years, may result in a degree of unjust enrichment.14 13 Māori Affairs Amendment Act 1974. 14 Commissioner of Inland Revenu...

7. [2024] NZLVT 063 - Bottinga v Auckland Council (16 December 2024) [pdf, 357 KB]

   ...May 2020 and comprises of a 809m2 site zoned mixed housing suburban. He did not consider the sale to be comparable, the property sold a year before the effective date when development land was in lower demand. The purchaser has since obtained resource consent to construct three dwellings. Market evidence Regarding market commentary, Mr Kanji advised: (a) The average house Capital Value movement across the Auckland region was thirty-two per cent between the 2017 general revalu...

8. 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...

9. [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...

10. [2013] NZEmpC 157 Service and Food Workers Union Nga Ringa Tota Inc v Terranova Homes and Care Ltd [pdf, 343 KB]

    SERVICE AND FOOD WORKERS UNION NGA RINGA TOTA INC v TERRANOVA HOMES AND CARE LIMITED NZEmpC AUCKLAND 2013 NZEmpC 157 [22 August 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 157 ARC 63/12 IN THE MATTER OF an application under the Equal Pay Act BETWEEN SERVICE AND FOOD WORKERS UNION NGA RINGA TOTA INC Plaintiff AND TERRANOVA HOMES AND CARE LIMITED Defendant WRC 30/12 IN THE MATTER OF of proceedings removed from th