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1. [2010] NZEmpC 140 Weston v Advkit Para Legal Services Ltd [pdf, 49 KB]

   ...being the $7,500 for distress, humiliation and injury to feelings award, less the 10 percent contribution. Costs [49] Mrs Weston’s challenge having been successful, she is entitled to costs. If these cannot be agreed a memorandum should be filed and served within 30 days of the date of this judgment and any memorandum in response within a further 30 days. BS Travis Judge Judgment signed at 3.20 pm on Tuesday 26 October 2010

2. [2006] NZEmpC 61A/06 NZ Tramways and Public Passenger Transport Employees Union & Anor v Transport Auckland and Cityline (NZ) Ltd [pdf, 71 KB]

   ...Act from 1 April 2007. [56] We therefore decline to make the declarations sought. Costs [57] At the request of counsel costs are reserved and if they cannot be agreed may be addressed by an exchange of memoranda the first of which is to be filed and served within 30 days of the date of this judgment. Any memoranda in reply may be filed 30 days thereafter. M E Perkins Judge for the full Court Judgment signed at 5.00pm Monday, 27 November 2006 Representatives...

3. [2006] NZEmpC AC 44/06 Spotless Services (NZ) Ltd v Service and Food Workers Union Inc [pdf, 71 KB]

   ...using the bundle of documents, the diminution in his rate of pay once that change was made. Respective arguments [15] Mr Harrison set out the submissions for the plaintiff in a combination of documents: Summary of Plaintiff’s Arguments filed prior to the hearing; Synopsis of Plaintiff’s Submissions as an opening; Synopsis of Plaintiff’s Closing Submissions. Mr Cranney filed and spoke to a closing submission for the defendant. [16] Both counsel referred to the surroundin...

4. Swanson - Waotu South C No 6B (2014) 110 Waiariki MB 187 (110 WAR 187) [pdf, 235 KB]

   ...This decision concerns an application pursuant to ss 135 and 136 of Te Ture Whenua Māori Act 1993 (“the Act”) to change the status of the Māori freehold land known as Waotu South C No 6B (“the block”) to general land. The application was filed by June Swanson and Zena Lowther (“the applicants”) on 23 January 2014 alongside an application to terminate the ahu whenua trust over the block. [2] Both applications were initially heard before Judge Savage on 4 April 2014. In...

5. CAC 10020 v McDonald [2013] NZREADT 89 [pdf, 57 KB]

   ...have wide powers to admit evidence we now refer to salient parts of those briefs but, of course, the weight to be attached to evidence is determined by our views on credibility. [19] We note that the reason there has been such a delay between the filing of the defence briefs of evidence and the hearing in Ashburton on 2 October 2013 is that the original hearing of this prosecution was interrupted by the second substantial Canterbury earthquake. Also, for various reasons, it has proved...

6. Mason v REAA [2013] NZREADT 7 [pdf, 66 KB]

   ...arranges and sometimes pays for the entertainment that takes place at the premises. He drives a car that is linked to the business. He is responsible for the wages.” 8 Discussion [29] Submissions and associated materials have been filed for both parties. [30] The applicant has a number of convictions arising from dishonesty offences. He relevantly has eight convictions for burglary (including several at night), one for entering with intent, five for theft ex car, a...

7. Mr X v CAC10026 & Mr C [2012] NZREADT 42 [pdf, 151 KB]

   ...The commentary goes on to note that the essential elements of disciplinary action under rule 13.8 are that a 5 conflict of interest has arisen and that the full nature of the conflict has not been disclosed. 3.10 The appellant has filed affidavit evidence from persons with real estate industry knowledge and experience in support of his appeal, to the effect that property swaps were standard in the industry in 2006 and did not, in their view, represent a conflict. It is s...

8. Otago Standards Committee v Davidson [2012] NZLCDT 39 [pdf, 160 KB]

   ...she said. Ms Davidson also noted the personal stress the disciplinary proceedings had brought on her, which supported suppression. [44] Mr J D Polson, a senior Dunedin practitioner, and a principal in the firm for which Ms Davidson now works, filed an affidavit in support of suppression. He commented on her professional and personal qualities which he held in high regard. His position was that publication of Ms Davidson’s name could adversely affect his firm, and he considere...

9. Waitangi Tribunal - Remaining historical claims direction (22 September 2015) [pdf, 642 KB]

   ...approach to remaining historical claims; (d) a district framework for considering remaining historical claims; (e) a remaining historical claims programme conducted by two standing panels, involving: (i) a fast-track standing panel process for claims filed after the cut-off date for inclusion in completed district inquiries; (ii) a standard standing panel process for claims in districts that have not seen a Tribunal inquiry; (f) an interlocutory phase to prepare for the remaining h...

10. Taueki v Horowhenua Sailing Club - Horowhenua 11 Lake Block [2014] Māori Appellate Court MB 60 (2014 APPEAL 60) [pdf, 166 KB]

    ...3 [2012] NZCA 428 2014 Maori Appellate Court MB 64 to grant exclusive use rights. If the Domain Board is not acting in accordance with the relevant provisions, the Māori Land Court can intervene; and (g) The material filed with the Court regarding the view of the Trust as to the occupation by the Rowing Club was received after the conclusion of the substantive hearing. As such it was received on an informal and untested basis and should not have been reli...