Search Results

1. [2019] NZEmpC 40 Berry v The Chief Executive of the Ministry of Business, Innovation and Employment [pdf, 328 KB]

   ...Ms Lakeman, in her brief, states that the fact that the complaint was not made about a MBIE staff member but about a third party over whom MBIE did not have any employment jurisdiction made the situation more unusual than a normal internal human resources complaint. She indicated correctly that MBIE could not just launch an investigation as it might do in relation to an issue between two of its own staff. She therefore considered that any decision as to how to proceed had to be made...

2. [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...

3. [2020] NZREADT 12 - Feschiev (4 May 2020) [pdf, 241 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2020] NZREADT 12 READT 020/19 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN BORIS FESCHIEV Applicant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 1901) First respondent AND NICOLA (NICKI) CRUICKSHANK & TOMMY’S REAL ESTATE LTD Second respondents Hearing: 8 October 2019, Wellington Tribunal: Mr J Doogue, Deputy Chairperson

4. 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...

5. [2016] NZEmpC 135 Nathan v Broadspectrum [pdf, 180 KB]

   ...involved being able to work on lines for Wellington Cable in the future. Broadspectrum was prepared to reinstate Mr Nathan but was not prepared to agree to him returning to Glover Street. [29] As Ms Manning, Broadspectrum’s Regional Human Resources Manager, explained in her evidence to the Court, the company decided on a tactical response to overcome this impasse. On the resumption of the investigation meeting it made the proposal referred to earlier, subject to two qualif...

6. LCRO 140/2020 AB v RP (27 November 2020) [pdf, 267 KB]

   ...that are to be deducted (Regulation 10, RCCC 9.3). [110] The Guidelines do not address the issue that was before the Court in Heslop v Cousins – namely, deduction of fees from funds lodged with a specific direction. [111] On its website, amongst resources it makes available for lawyers, the New Zealand Law Society has provided suggested terms of engagement which include the following as an example of an authority to deduct fees:20 You authorise us to deduct our fees and other expe...

7. [2020] NZIACDT 49 - HQT v Singh (19 November 2020) [pdf, 309 KB]

   ...be necessary to show that he knew what was required and overlooked it or was reckless doing it, “therefore not providing a duty of care in following the complainant’s informed lawful instruction”.12 [80] The considerable attention and resources given to the complainant’s matter do not support the notion that a professional breach has occurred. [81] As Mr Singh takes the matter seriously, he has proactively ensured the refinement of his processes by adopting a procedural...

8. Inia v Julian [2019] Māori Appellate Court MB 333 (2019 APPEAL 333) [pdf, 441 KB]

   ...the Ministry is not careful, applicants would have the full right to take those matters to the High Court, and I want a copy of today’s minutes sent to the Chief Registrar and to her director. I expect the situation to improve with additional resourcing and staff, otherwise the Chief Judge and I cannot be expected to be able to keep processing matters in the way that is required under this Act” (Emphasis in original) [43] Regarding the delays between 2014 and 2017, at [8] Ju...

9. [2021] NZACC 50 - Astle v ACC (17 March 2021) [pdf, 224 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 50 ACR 18/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ADELE ASTLE Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 11 February 2021 Heard at: Christchurch/Otautahi Appearances: Mr T Yates, advocate for the appellant via telephone Mr H Evans f

10. [2021] NZEmpC 138 The 20 District Health Boards v New Zealand Nurses Organisation [pdf, 378 KB]

    ...Code) for the public health sector DHBs are responsible for ensuring that life preserving services (LPS) activities can continue to be available during industrial action.1 The DHBs are required, as part of their contingency planning, to determine resourcing levels which will ensure there is no loss of life or permanent disability during the industrial action. Elective and non- urgent procedures are suspended, as are study leave, meetings, and other non-essential work. Each DHB is...