Court of Appeal

Question 1

A: Historical Development 50 Marks

The history of employment relations in New Zealand is conventionally divided into three eras or stages, coinciding with major changes to the employment legislation of the time. The first stage ran from the adoption of the Industrial Conciliation and Arbitration Act 1894 until the adoption of the Employment Contracts Act 1991. The second stage ended with the replacement of the Employment Contracts Act 1991 by the Employment Relations Act 2000, with the third stage running from then to the present day.

Describe and explain how shifting ideological views and changes to the economic environment shaped the changes in New Zealand’s employment relations legislation from 1894 to the present day. In your answer you should cover each of the three systems used in New Zealand in that time and highlight the key ideological and environmental shifts that led to the adoption of each new system.


In Bryson v Three Foot Six Limited (2005) 7 NZELC 97,866 the Supreme Court had to consider how to determine whether a person is an employee or a contractor. However, instead of comprehensively laying out a framework for resolving the issue, the Court merely said the Employment Court had been correct and reversed the decision of the Court of Appeal.

Describe and explain the legislative and case law developments in this area since the Bryson decision. How has the law developed since then? Why did the law develop in this way?

Question 2

Research on any article or situation of your choice related to Application Security identifying threats or breaches as well as best practices and future trends. Provide an analysis based on what you have studied in this course, including recommendations to prevent future occurrences and/or to improve security where defects or failures are identified.

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