New Zealand Case Law: Decisions & Judgments

Topic

Freedom of association

Legal area

Court

1 May 2023

WILSON v NEW ZEALAND PAROLE BOARD [2023] NZHC 1003

Citation

[2023] NZHC 1003
Court

High Court

The Department's preparation and provision of a psychological report did not constitute an independent exercise of reviewable statutory power; the Parole Board lawfully and reasonably considered that report and other material, afforded the applicant opportunity to respond, and properly exercised its statutory discretion under Parole Act s28(2) to require reintegrative testing and to decline release to Gisborne; accordingly the judicial review application is dismissed.
28 Feb 2022

IDEA SERVICES LTD v ATTORNEY-GENERAL in respect of the Minister of Workplace Relations [2022] NZHC 308

Citation

[2022] NZHC 308
Court

High Court

The Court held s 53(3) ERA is a requirement/restriction within s 15(1) EPA; at the time the Immediate Modification Order was made there was sufficient material for the Minister to be satisfied compliance with s 53(3) was impracticable and that the modification was no further than reasonably necessary; any interference with freedom of association was not made out or was justified; however, IMOs are subject to an implied requirement of timely periodic review and the first and second respondents' failure to review the Order against s 15 prior to November 2021 was unlawful, requiring reconsiderat…
19 Dec 2017

TE WHATU v DEPARTMENT OF CORRECTIONS [2017] NZHC 3233

Citation

[2017] NZHC 3233
Court

High Court

A blanket non-association direction by the Department of Corrections preventing the appellant from associating with his long-term partner was a disproportionate and unjustified limit on the appellant's s17 Bill of Rights freedom of association; the direction was unlawful, the resultant conviction for breaching it was a miscarriage of justice and is quashed; the prison sentence(s) imposed are quashed and the sentence for the minor theft is manifestly excessive and not replaced (time served sufficient).
21 Dec 2007

NZ AMALGAMATED ENGINEERING, PRINTING & MANUFACTURING UNION INC V WITNEY INVESTMENTS LIMITED (FORMERLY EPIC PACKAGING LIMITED) CA CA282/06

Citation

openlaw-5d531f6c_4899_4337_84a7_1673747baf29.pdf
Court

Court of Appeal

The Court of Appeal held that Part 5 statutory collective bargaining (including initiation by s 42 notice) can be used to seek an agreement by an employer to become a subsequent party to an existing collective agreement under s 56A; an agreement to join can itself constitute a collective agreement; nothing in s 56A or the ERA’s scheme excludes use of the statutory bargaining process for joinder; employer freedom of association and the object of individual choice do not justify a narrower reading of Part 5 in this context.
26 Sept 2005

SAMOAN ASSEMBLIES OF GOD IN NEW ZEALAND AND ANOR V ASSEMBLIES OF GOD IN NEW ZEALAND INCORPORATED AND ORS HC AK CIV 2005-404-005398

Citation

openlaw-7575ca0c_c7fc_4fb2_a2f5_6e9d07e6a69e.pdf
Court

High Court

Plaintiff failed to establish a seriously arguable breach of the NZ Bill of Rights Act or the Human Rights Act and failed to show an estoppel or necessity for interlocutory relief; on the balance of convenience no interim injunction should issue to restrain the proposed educative, voluntary meetings, except that plaintiffs must be permitted legal representation at those meetings.
29 Jun 2004

NZ DAIRY WORKERS UNION INC V NZ MILK PRODUCTS LIMITED CA CA205/03

Citation

openlaw-9db3ab24_1e58_45cf_bb63_00910d3b6f4e.pdf
Court

Court of Appeal

The Court upheld that clause 14.5 and the NZMP policy were unlawful because deductions were not demonstrably freely given consent within the meaning of the Wages Protection Act and could not be saved by s16 since the clause applied to employees not bound by the collective agreement; insufficient factual basis existed to sustain the Employment Court's findings under ERA ss8,11 and s68 so those specific findings were not upheld, but the policy itself was unlawful and the appeal dismissed.

New Zealand Case Law

WILSON v NEW ZEALAND PAROLE BOARD [2023] NZHC 1003

IDEA SERVICES LTD v ATTORNEY-GENERAL in respect of the Minister of Workplace Relations [2022] NZHC 308

TE WHATU v DEPARTMENT OF CORRECTIONS [2017] NZHC 3233

NZ AMALGAMATED ENGINEERING, PRINTING & MANUFACTURING UNION INC V WITNEY INVESTMENTS LIMITED (FORMERLY EPIC PACKAGING LIMITED) CA CA282/06

SAMOAN ASSEMBLIES OF GOD IN NEW ZEALAND AND ANOR V ASSEMBLIES OF GOD IN NEW ZEALAND INCORPORATED AND ORS HC AK CIV 2005-404-005398

NZ DAIRY WORKERS UNION INC V NZ MILK PRODUCTS LIMITED CA CA205/03