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1. [2006] NZEmpC WC 27/06 ANZ National Bank v Cortright [pdf, 67 KB]

   ...staff in a schedule. It expressly excluded: … Managers, employees of equivalent status and printers, binders, storepersons, custodians, cafeteria and other similar staff who have Individual Employment Contracts) who are listed in the schedule filed as part of this contract at The Bank’s Corporate Headquarters, Featherston Street, Wellington. [22] A group of employees who had what were termed specialist roles had their pay framework annexed to the collective employment agreement....

2. Perkinson v CAC 10040 & Cooper & Le Mac [2011] NZREADT 32 [pdf, 116 KB]

   ...appellants that she was assisting the Vincents to make the offer; (c) that she did not negotiate a conjunctional agreement with Bayleys before the Vincents sale and purchase agreement was concluded; (d) that she did not return the appellants’ file in a timely fashion. 6.10 In relation to (a) and (b) above, the first question is whether fairness required the information be provided to the appellants. There is then the question of whether Ms Le Mac was correct to keep the pur...

3. Gilbert Family Trust - Marokopa 3 Block (2015) 97 Waikato Maniapoto MB 68 (97 WMN 68) [pdf, 201 KB]

   ...reason for seeking a change of status was to avoid the legal complications associated with having a small area of Māori freehold land within the larger general land area of the farm. In particular he referred to issues raised by Peter Pou who filed an intention to appear with the Court. Peter Pou’s evidence [12] Peter Pou is the son of Te Tau Haereiti, a daughter of Te Renga Riterite. Te Renga Riterite was the sole successor to the original owner of Marokopa 3, Tamaranga Kahu...

4. Chief Executive, Ministry for Culture and Heritage - Tāonga Tūturu found at Plimmerton (2012) 283 Aotea MB 166 (283 AOT 166) [pdf, 202 KB]

   ...with only approximately 20% of heitiki. It exhibits the classic characteristics of four most prevalent in pre European contact heitiki pounamu. This is accentuated in the way in which the cuts and piercings have been made using kani or stone file type tools and tuwiri drilling implements, which is distinct from those created using European tools. It also has an aesthetic excellence which is typical of the earlier examples of its type, and has rounding and wear that has most likely...

5. Tong & Anor v CAC 20004 & Ors [2014] NZREADT 3 [pdf, 126 KB]

   ...Tribunal which would cover off on the aspect of my inadequacy in the handling of this particular process.” We see that as a commendable approach. Submissions from the appellants on penalty [4] Mr Phillipps (counsel for the appellants) has filed detailed and thoughtful submissions for the appellants on penalty. He submits that we should take a very firm line against Mr Regan, generally to cover a refund of full commissions, substantial monetary compensation, a substantial fine, a...

6. Nimick & Anor v CAC 20005 & Ors [2014] NZREADT 11 [pdf, 116 KB]

   ...appeal in terms of K v B. The complainants are therefore entitled to judgment in accordance with our opinion, notwithstanding that may involve an assessment of fact and degree and entail a value judgment. [46] For this appeal, all parties have filed further material which was not before the Committee at first instance. We are entitled to consider all that information, in addition to the material previously before the Committee, in exercising our own judgment as to the issues in dispu...

7. Stewart v CAC10064 & Cooper [2013] NZREADT 58 [pdf, 58 KB]

   ...said that the Coopers agency agreement was ever cancelled. However, in his evidence to us, the appellant recalled that shortly after the vendors listed with Eves, the latter would have cancelled the Cooper agency. We asked that the relevant Eves file be located and checked in that respect and adjourned the case for that to be done. The position now seems to be that the experienced salesperson handling the sale at Eves could be relied on to have cancelled the Cooper agency but there is...

8. CAC10063 v Raj [2013] NZREADT 52 [pdf, 56 KB]

   ...the defendant resided at 60 Hain Avenue without the knowledge or consent of Mr Dalangin or his partner (charge 3.5). General [49] The information provided by Mr Dalangin, Ms Porlares and Mr Sega, when viewed in the context of the wider evidence filed in these proceedings, is sufficient to 10 found an inference that all three of those parties paid above market value for properties as a result of the defendant’s misconduct and that each has suffered loss as a result of that m...

9. [2015] NZEnvC 066 Waiheke Marinas Limited [pdf, 572 KB]

   ...proposed a broader examination of elements of the wider proposal. An essential element of the DMI application was that what WML proposed by way of a change was not a straight reduction of scale, intensity or character. The factual matrix [14] WML filed three detailed affidavits intended to support its argument that scope would be reduced, and within jurisdiction, with the carpark removed. The affidavits were by Mr PH Wardale, a marina industry consultant who was closely associat...

10. Peters v Eruera - Kaikoura No.4 (2011) 40 Waiariki MB 206 (40 WAR 206) [pdf, 131 KB]

    ...then Hiakita and his family should have settled into the homestead, with some assistance from Housing NZ to renovate it. But, matters have not gone well! 40 Waiariki MB 212 Application [4] On 20 December 2010 an exparte application was filed in the Māori Land Court for a special urgent determination as to the injunction and cancellation of an “occupation” order granted to Hiakita (George) Eruera over Kaikoura 4. In fact, I note that no occupation order has been giv...