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1. Supplementary Government Response to Law Commissions report [pdf, 479 KB]

   ...currently preformed by the Director. Reject. The primary conciliation role of the Commissioner is maintained, and the continued separation of compliance and litigation functions ensures that parties can freely engage in conciliation Prosecutorial resources and expertise will not need to be duplicated in OPC. 61 The chairperson of the Human Rights Review Tribunal should be a judge at the level of a District Court Judge. Reject. No evidence that previous chairs have been subject...

2. [2022] NZEmpC 192 E Tū Inc v Rasier Operations BV [pdf, 483 KB]

   ...in the marketplace in terms of its approach to dynamic pricing. That is undoubtedly so – maximising profit margins via various means is what most businesses attempt to do. The point, in terms of the s 6 analysis, is the application of labour resources for this purpose and the degree of control it reflects in terms of the real nature of the relationship. [41] The evidence disclosed that Uber’s “Community Guidelines” play a central role in the performance management system...

3. Wentzel v Collie [2012] NZWHT Auckland 15 [pdf, 250 KB]

   ...assert that Ms Collie breached the vendor warranty given at clause 6.2(5) of the sale and purchase agreement. This clause provides: (5) Where the vendor has done or caused or permitted to be done on the property any works : (a) any permit, resource consent or building consent required by law was obtained; and (b) the works were completed in compliance with those permits or consents; and (c) where appropriate, a code compliance certificate was issued for those works....

4. Privacy Bill - Regulatory Impact Statement - additional policy decisions [pdf, 502 KB]

   ...notification can cause anxiety and distress. This is particularly so if the affected individual is unable to do anything to address the breach, or assess the likelihood of harm (as they may not be told to whom their information has been disclosed). The resource implications of over-notification for the Commissioner and agencies was also raised. Business submitters noted that the threshold in the Bill is out of step with comparable jurisdictions, particularly the EU and Australia. T...

5. Proactive release – Remuneration Authority Legislation Bill [pdf, 1.7 MB]

   ...have the personal qualities, experience, and skills needed to deal with lower level criminal matters. 18 The Environment Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Commissioners are appointed for their knowledge and experience in matters coming before the court. They hear matters and make decisions either as a panel, with an Environment Court Judge, or alone. Human Rights Review T...

6. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...the terms of the agreement between the parties were statutorily determined. (Quoting Norweb Plc v Dixon [1995] 1 WLR 636 and W1-6 v Essex County Council [1999] Fam 90 (CA). [164] He rejected submissions that the statutory regime governing [resource management] applications constitutes a contract between the relevant authorities and the public and that the plaintiffs, as members of the public, are entitled to the benefit of that contract. He said that the concept is unworkable a...

7. Big Hill Station Ltd v Hemana - Awarua o Hinemanu Trust (2015) 43 Takitimu MB 218 (43 TKT 218 ) [pdf, 328 KB]

   ...of the application was essentially an administrative action, it was due largely to the internal problems amongst the former trustees, the lack of available funds as a result of the actions of some of those trustees and, consequently, the limited resources of the current trustees to be able to pursue the proceedings. [44] BHS argues that it is highly unlikely that the access sought by the trust would have been granted and even if it had, then significant conditions as to compensation...

8. [2015] NZEmpC 58 Hoff v The Wood Lifecare (2007) Limited Industries [pdf, 177 KB]

   ...done in all the circumstances at the time the dismissal or action occurred. [29] In applying the test the Court must consider the non-exhaustive list of factors set out in s 103A(3) of the Act: (3) … (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 emplo...

9. Maruera v Te Runanga o Ngati Maru Taranaki Trust [2020] Chief Judge's MB 965 (2020 CJ 965) [pdf, 500 KB]

   ...breaching their respective constitutional documents and governing legislation, combine administrative operations, including electoral and meeting procedures, to avoid unnecessary duplication of procedures and to promote efficient use of the iwi’s resources F. By way of a postal vote and hui-a-iwi, the members of Ngati Maru (Taranaki) have expressed their support for the establishment of a whenua topu trust for Ngati Maru (Taranaki) and a private trust for Maori Fisheries Act 2004...

10. Hutcheson v Houkamau - Porangahau 2B No 10 (2021) 88 Takitimu MB 118 (88 TKT 118) [pdf, 581 KB]

    ...failure to include newspaper advertising was unfortunate. That the eventual appointee is a spouse of a trustee simply highlights the need to ensure that process of appointment, including advertising, cannot be reasonably called into question. Resources were not relevant in this instance because this was to be a paid position. My conclusion is that the former trustees did not adopt best practice by failing to take reasonable steps that all segments of the beneficiary community were...