Search Results

1. [2014] NZEmpC 136 Rainbow Falls Organic Farm Ltd v Rockell [pdf, 128 KB]

   ...troughs, milking equipment, and the farm ute and tractor. Photographs were also taken of gorse infestations which Mr McKenzie contended ought to have been controlled during Mr Rockell’s time as farm manager. [15] Sometime after Mr Rockell had filed his statement of problem in the Authority claiming wage arrears and unjustified dismissal, a counter-claim for breach of contract was filed. The allegedly parlous state of the farm and its equipment underlies the plaintiff’s cla...

2. Ms L v REAA Registrar [2013] NZREADT 47 [pdf, 168 KB]

   ...highest achiever in her firm’s rural lifestyle team. She has produced references about her abilities and to the effect that she is an honest and conscientious person and of good character and compassion. [9] Since the hearing before us, she has filed a letter from the owner/manager of X Real Estate at X (X X Ltd) supporting her application and confirming that real estate agency has offered her a position as a real estate salesperson just as soon as her licence can be reissued (if it...

3. [2015] NZEmpC 48 Thorne v Kiwirail Ltd [pdf, 144 KB]

   ...Wednesday, 11 June 2014. [19] The meeting was later rescheduled for 13 June 2014. Mr Thorne attended with a lawyer, Mr Ben Thompson, who was representing both the Union and Mr Thorne. Mr Fenton and Ms Clark represented KiwiRail. The file notes of the meeting record that Mr Thorne acknowledged he was aware that KiwiRail had zero tolerance with drugs and alcohol. He admitted that he had made a mistake and he said it would never happen again. [20] At a further meeting on...

4. Hawkes Bay Standards Committee v Heaphy [2014] NZLCDT 61 [pdf, 343 KB]

   ...During this period significant accounts had already been 7 See note 4. 17 rendered to Mr Porter but when reassessed by Mr Heaphy very carefully going back and reconstructing his records and files (but without electronic time records) there was an outstanding amount of over $200,000. [67] Following Mr Porter making it clear that he was claiming that he had not authorised the $130,000 investment and would be seeking some compe...

5. [2016] NZEmpC 50 NZ Nurses Org & Anor v Waikato District Health Board [pdf, 249 KB]

   ...unsuccessful. As a result, her employment was subsequently terminated for abandonment. A copy of [the] parental leave application and the letter notifying that her employment had been terminated due to her “abandonment” are still on her personal file. … 42. Ms Panettiere commenced a new period of employment with the organisation in August 1992; as a part-time Staff Nurse. [35] In reference to this same time period, Ms Panettiere explained that her family moved to Mt Ma...

6. TG v Standards Committee LCRO 205/2014 (30 June 2014) [pdf, 359 KB]

   ...guardian and the DHB all were present in Court when the matter was called. Mr TG wanted the Judge to grant an adjournment. Other counsel opposed. [5] Mr TG says in anticipation of resistance to his request for a further adjournment, Mr TG had filed a detailed memorandum in Court in advance of the conference, and served that on counsel for the other interested parties. It appears the memorandum had not reached the court file by the time the proceeding was called, and had therefore...

7. Nile Mosley v The Real Estate Agents Authority (CAC 409) & Cooper & Co Real Estate Limited t/a Harcourts Cooper & Co [2017] NZREADT 62 [pdf, 304 KB]

   ...provide a response to Mr Mosley’s challenges to the Committee’s reasoning and findings, so are of little assistance to the Tribunal. The Tribunal acknowledges the assistance provided in the detailed submissions for the Authority, which were filed after those for the Agency. The Authority [38] Mr Mortimer submitted for the Authority that Mr Mosley’s points on appeal could be grouped under three broad headings: [a] the alleged rat infestation at the property, the Agency’s...

8. Hulton Patchell Limited v Mitchell - Pukeroa Oruawhata Trust (2010) 5 Waiariki MB 246 (5 WAR 246) [pdf, 114 KB]

   ...proceedings commenced on 11 October 2002 when the trustees sought a variation to increase their fees and to enable payment of Accident Compensation 5 Waiariki MB 253 levies and associated expenses. That was soon followed by an application filed on 28 April 2003 by the respondent for a general review of trust with reference to fees, rotation of trustees, knowledge of beneficial owner voting and mandate along with trustee performance and accountability. This is now the f...

9. AW v ZK LCRO 230/2012 (28 March 2014) [pdf, 259 KB]

   ...difficulty of tracing dissipated funds from the deceased’s account and the likelihood of these being recovered. In any event, the time consumed during this period, in what I have repeatedly described as a relatively routine estate administration file, was undoubtedly excessive even at the discounted amount. (c) Fee invoice 3198 dated 30 May 2008 for $35,699.50 plus GST and disbursements (total: $40,678.78). This invoice covers attendances during the month of May 2008 and...

10. AS v ZI LCRO 71/2012 (21 March 2014) [pdf, 188 KB]

    ...significant sum.15 [67] I do not overlook the fact that [Company A] was ordered by the High Court to pay costs in relation to the three statutory demands that were issued. However, that alone is not indicative of professional wrongdoing in having filed the statutory demands. I am not prepared to speculate on the reasons for the costs order and note that there is no suggestion by the High Court that the statutory demand process was being used inappropriately. Indeed Mr AS has i...