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1. [2010] NZEmpC 73 NZ Amalgamated Engineering Printing and Manufacturing Union v SCA Hygiene Australasia Ltd [pdf, 46 KB]

   ...sufficient employees to enable the companies’ operations to continue. [11] The relevant public holidays affecting this case were 25 and 26 December and 1 and 2 January. Submissions [12] In accordance with an agreed timetable the parties filed their summary of submissions in advance. Ms McInally for the plaintiff submitted that the affected employees, who worked 12 hour shifts, should have their relevant daily pay based on a 12 hour day and not on an eight hour day....

2. [2013] NZEmpC 42 New Zealand Merchant Service Guild IUOW Inc v Holcim (NZ) Ltd [pdf, 126 KB]

   ...dismissed. [36] The plaintiff submitted that costs should lie where they fall but the defendant indicated that costs were sought. If that is still the position, and the parties are unable to reach agreement on the issue, then Mr Cleary is to file submissions within 28 days and Ms McAra will have a like period of time from the date of service in which to file submissions in response. A D Ford Judge Judgment signed at 2.00 pm on 20 March 2013...

3. ENVC speech Harland Environment Law Regulation conf 2012 [pdf, 130 KB]

   ...evidence that is not sufficiently focussed, and is at times repetitive. Sometime it covers matters which are not in dispute, which distracts the Court from its task. [37] It is fundamentally the responsibility of lawyers to ensure that any evidence filed in support of a case is relevant, does not unnecessarily duplicate matters already dealt with and complies with the rules of evidence, bearing in mind that there is more latitude in the Environment Court to receive otherwise inad...

4. Kotahitanga Log Haulage Limited v Forest Distribution Limited - Mangaroa (2015) 121 Waiariki MB 149 (121 WAR 149) [pdf, 162 KB]

   ...matter was no longer pursued and neither was the dismissal application. If this Court accepted that jurisdiction was not established then the respondent parties seek transferral of this proceeding to an appropriate Civil Court. [14] The applicant filed an amended statement of claim dated the 28 th of January 2015. Mr Bidois helpfully summarised the heads of claim on his submissions dated the 4 th of May 2015. At paragraph 11 of those submissions, Mr Bidois, sets out first the...

5. McCallum v The Māori Trustee of Whanganui - Estate of Ngapiki Waaka Hakaraia [2014] Chief Judge's MB 541 (2014 CJ 541) [pdf, 215 KB]

   ...Burlace, Treadwell Gordon Solicitors, PO Box 4084/DX PA87505 Greg Shaw, for the Māori Trustee, PO Box 5038, Lambton Quay, Wellington, greg.shaw@tetumupaeroa.co.nz 2014 Chief Judge’s MB 542 Introduction [1] This application was filed by Clarke James McCallum (the applicant) pursuant to ss 44 and 45 Te Ture Whenua Māori Act 1993 (TTWMA). The applicant seeks to cancel or amend a succession order made on 26 March 1997 at 15 Whanganui Registrars MB 139 (15 RGWG 139) in...

6. Te Kuru II - Porangahau 1B4 "O" 2 and Mangamaire B13A (2012) 15 Takitimu MB 21 (15 TKT 21) [pdf, 195 KB]

   ...advice although Mr Collinge states that if Brownrigg Agriculture had agreed to pay $6 per head per week then the total income would be approximately $95,000 for the year ending 31 March 2009.” 15 Takitimu MB 25 [27] In further evidence filed Mr Collinge in his affidavit of 18 March 2011 clarifies for the Court as to the basis of Ms Clarkson’s engagement. [28] The trustees understood that the only deduction from gross income would be the manager’s salary. It was expec...

7. [2014] NZEmpC 158 Whaanga v Sharp Services Limited [pdf, 130 KB]

   ...had taken adequate steps to mitigate her losses; and declined to order any reimbursement for unpaid 1 Whaanga v Sharp Services Ltd [2013] NZERA Auckland 354. annual leave. Mrs Whaanga filed a de novo challenge to the Authority’s determination. The facts [3] Sharp Services is a small electrical contracting company. Mr Clifford Sharp is the managing director. The company’s office was located at Mrs Whaanga’s hom...

8. Deputy Registrar - Taupo 24A and Taupo 24B (2011) 25 Taitokerau MB 296 (25 TTK 296) [pdf, 123 KB]

   ...the owners/trustees of Taupo 24A and 24B. Survey requisition [15] Following my direction of 9 September 2009 the Project staff undertook to identify addresses for the owners of Taupo 24A and 24B. Eventually, on 8 May 2010 the Deputy Registrar filed the present application for a survey requisition. On 4 June 2010 5 I issued a 4 “Setting Apart Māori Freehold Lands as a Māori Reservation” (14 June 1962) New Zealand Gazette No 38...

9. [2013] NZEmpC 191 Ohms v Vice-Chancellor Auckland University of Technology [pdf, 153 KB]

   ...(a) is relevant to the present application. It provides that removal may be ordered if an important question of law is likely to arise in the matter other than incidentally. The “important questions of law” [5] The statement of problem filed in the Authority is a lengthy document, encompassing over 118 paragraphs. In a memorandum filed on 5 August 2013, counsel for the applicant, Mr Hooker, identified and made submissions on what he contended were four important questions o...

10. Williams v Trustees of the Hokio Part A Ahu Whenua Trust - Part Hokio A Section 1-4 Block IV (2014) 321 Aotea MB 24 (321 AOT 24) [pdf, 208 KB]

    ...the trustees of the Hokio Part A Ahu Whenua Trust from any further interference or trespass to her son’s residence and property pending proper process in the Tenancy Tribunal or elsewhere to resolve the issues. I am satisfied on the papers as filed that an urgent interim injunction is warranted. There is a serious question to be tried. Ms Williams alleges the trustees wish to use 7 Kemp Street as an office. Against that is the question of Mr Williams’s residency there for s...