Search Results

1. [2006] NZEmpC AC 52/06 Simpsons Farms Ltd v Aberhart [pdf, 143 KB]

   ...the Employment Relations Law Reform Bill, the Minister summarised s103A as follows: Overall, the test is to be an objective one. This is not a radical revamp of the dismissal law. It draws from existing case law and fits well within good human resources practice. [58] Although not, or at least not only, in s103A, Parliament contemporaneously legislated expressly for minimum requirements of procedural fairness in employment relationships including, in particular, the circumstances...

2. LCRO 34/2023 PI v SY (27 June 2024) [pdf, 253 KB]

   ...importance that the lawyer is able to advise the client as to the scope of the appeal, and, in particular, whether there are any jurisdictional impediments to advancing the appeal. [67] It is self-evidently pointless for a lawyer to engage a client’s resources in advancing an impotent appeal. [68] And there were limitations on Mr PI’s ability to address, in the District Court, all the matters he wished to have challenged. [69] The District Court had no jurisdiction to consider the...

3. Nelson Standards Committee v Grey [2023] NZLCDT 33 (4 August 2023) [pdf, 271 KB]

   ...activities. There is no gap between the two divisions in a lawyer’s life.8 Context and conduct under examination [10] Ms Grey is an experienced Nelson-based lawyer who practises in the field of public law, with an emphasis on human rights, resource management law and medico- legal matters. [11] As well as her legal qualifications, Ms Grey holds a science degree with majors in microbiology and biochemistry, as well as a Royal Society of Health Diploma in Public Health Inspection...

4. Te Korowai Tiaki o Te Hauauru Incorporated v Te Rūnanga o Ngati Tama Trust - Te Rūnanga o Ngāti Tama Trust (2020) 425 Aotea MB 203 (425 AOT 203) [pdf, 309 KB]

   ...arrived in Aotearoa). (3) In subsection (2), customary rights means rights according to Maori customary law, including— (a) rights to occupy land; and (b) rights in relation to the use of— (i) land: (ii) other natural or physical resources. [12] The term “Ngati Tama area of interest”, as used in s 10, is defined in s 9 of the 2003 Act as follows: Ngati Tama area of interest means the area that Ngati Tama identify as their area of interest, as set out in Sc...

5. [2016] NZEmpC 161 NZ Airline Pilots Assoc Inc v Air NZ Ltd [pdf, 234 KB]

   ...conclusions. The company has an acknowledged discretionary right to downtrain. The company must exercise its discretion reasonably and in compliance with its contractual obligations. Recourse to downtraining to manage an application of pilot resource in appropriate circumstances is not precluded by an activation of the process in cl 11.5. Clause 11.5.2 does not require, when read in isolation or in context, that once it is set in motion the steps set out in that provision must b...

6. [2014] NZEmpC 154 Fox v Hereworth School Trust Board [pdf, 200 KB]

   ...irrelevant. Decision – Category (a) documents [53] The category (a) documentation sought by the plaintiff is described by the plaintiff as “All emails, notes, records and the decision of the further disciplinary investigation led by the Human Resources Department” into a Ministry employee to whom I will refer as ML. The plaintiff says that this material relates to disciplinary action taken in relation to ML as recommended by the Buchanan Report into ML’s omission to provi...

7. [2018] NZEmpC 76 Marx v Southern Cross Campus Board of Trustees [pdf, 382 KB]

   ...in person Rachel J Scott and L Cole, counsel for defendant Judgment: 9 July 2018 JUDGMENT OF JUDGE M E PERKINS Introduction [1] Mrs Sandra Marx was employed by the Southern Cross Campus Board of Trustees (SCC) as a Resource Teacher of Learning Behaviour (RTLB). She claims that she commenced such employment on 25 November 2011. SCC agrees that she accepted an RTLB position in November 2011 but was to commence employment on 25 January 2012, and she did s...

8. Rudd - Horowhenua 11 Part Reservation Trust (2017) 368 Aotea MB 201 (368 AOT 201) [pdf, 287 KB]

   ...allocated for spending on eight targeted projects. The fund is held and managed by Horizons on behalf the Lake Accord initiative. Most of the eight projects are either underway or have already been completed. Three projects are being held up at the resource consent stage. The consents are being opposed by Vivienne Taueki. [10] Mr Sword pointed out that the first agenda item of every trustee meeting is conflicts of interest. This is a standing agenda item and the recording of up...

9. Mercury NZ Ltd v Cairns - Pouakani River Bed (2022) 277 Waiariki MB 174 (277 WAR 174) [pdf, 417 KB]

   ...that it did not:34 The presumption does not arise as a necessary incident of the title obtained in the Maori Land Court unless the circumstances of the investigation indicate that the riparian owner has the riverbed. In the case of major tribal resources and natural features of value to the tribe whether the riparian owner takes title to the riverbed or lakebed requires investigation of the status of the land beyond the boundaries of the title. For these reasons, I consider the H...

10. Austin v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 59 [pdf, 257 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 treatment did not achieve a desired result does not, of itself, c...