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1. LCRO 193/2017 AA v BB and CC (29 November 2019) [pdf, 153 KB]

   ...reasons advanced to support the application. (b) The desirability of ensuring smooth progress of hearings that have been allocated a hearing date. (c) The length of time taken to bring the matter to hearing. (d) The impact of an adjournment on resourcing issues. (e) The interests of other parties affected. [73] The list described above is not intended to be exhaustive but touches on the matters of most significance when an application for adjournment is under consideration. [7...

2. [2021] NZEmpC 183 Stenhouse v Towman Towing Group Ltd [pdf, 303 KB]

   ...how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal occurred.19 [43] In applying the test four matters must be considered.20 They are: (a) Having regard to the resources available to the employer, the sufficiency of the investigation into the allegations before the dismissal occurred. 19 And see Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466. 20 Section 103A(3)(a)–(d...

3. [2021] NZACC 150 – Turnbull v ACC (30 September 2021) [pdf, 332 KB]

   ...(including gravity), or resistance, external to the body; or (iii) involves a twisting movement of the body: Issue 2 [i] Whether gravity is a force external to the human body under the 1992 Act [39] I discuss the case law and the Parliamentary resources, including Hansard, in considering this issue. [40] Counsel referred to case-law which discussed whether gravity is a force or resistance external to the human body and capable of causing injury under the 1992 Act. [41] Th...

4. [2021] NZEmpC 215 Stewart v AFFCO NZ Ltd [pdf, 318 KB]

   ...in the offered documents. [22] The Court was advised that the Authority held an investigation meeting into these issues in November 2020, but the Authority’s determination has yet to issue. [23] On 24 August 2020, AFFCO’s National Human Resources Manager, Mr Dane Gerrard, sent a communication to workers at Imlay as to a proposed rate review, and as to availability provisions. AFFCO wished the recipients to sign an attached schedule, which would bring about variations to the...

5. Wirihana-Tawake v Kauika-Stevens - Rangitatau 1D5A1 Takirau Marae (2021) 434 Aotea MB 114 (434 AOT 114) [pdf, 313 KB]

   ...nature of the disputes between Mr Wirihana-Tawake and Mr Kauika-Stevens are not issues that can properly be resolved by any Court of law. At its heart, this is a personal dispute between two close relatives over the management and use of a whānau resource; in this instance a whānau homestead. Unfortunately, this is not an uncommon situation. As I foreshadowed in my 2014 judgment, it is unlikely that the original tipuna of both parties could ever have foreseen that what was intend...

6. IPT 2020-21 Annual Report [pdf, 520 KB]

   ...the Tribunal’s work, in the interests of promoting greater accountability, awareness and understanding. The Tribunal maintained its website database of searchable, published decisions of the Tribunal (with abstracts), which provided a valuable resource for Tribunal members, higher courts, counsel, representatives, appellants and the wider public. Whereas in earlier court years, there was a significant backlog in the preparation of abstracts (synopses) of Tribunal decisions, the...

7. [2021] NZEmpC 120 Lye v ISO Ltd [pdf, 285 KB]

   ...accept, that the work continues to be organised in the same manner as before. [24] The position reached between MUNZ and ISO was described by Craig Harrison, the national secretary of the union, and Dean Carter, ISO’s General Manager Human Resources. [25] Correspondence between the union and the company was exchanged after the last hearing and before the judgment was issued. In September last year MUNZ wrote to ISO stating a view that it would be inappropriate for th...

8. 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...

9. [2022] NZEmpC 233 Baillie v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 280 KB]

   ...throughout the hearing, was a video of the footage taken by Mr Peteru on his phone. The parties accepted that the video was sufficient to inform the Court. Preliminary decision [31] Mr Baillie met with Mr Peteru, and Oranga Tamariki’s Human Resources Adviser, on 31 May and 10 June 2021 to respond to the allegations. Mr Peteru’s preliminary decision was communicated to him by letter dated 28 July 2021. The conclusion was that the first, third, fourth and fifth allegations...

10. [2022] NZACC 163 – Harvey v ACC (22 August 2022) [pdf, 305 KB]

    ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . [28] Section 20 of the Act sets out the circumstances in which a person will have cov...