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  1. Taueki v Procter - Horowhenua 11 (Lake) (2021) 437 Aotea MB 86 (437 AOT 86) [pdf, 389 KB]

    ...funds that have been paid to any of the former trustees. … [2] Submissions were then received from counsel Ms Thornton on 10 July 2020, Mr McKechnie on 14 July 2020 and Mr Watson on 15 July 2020. Following that, on 12 March 2021, Ms Thornton filed “reply” submissions to those of Mr McKechnie. Ms Thornton contended that a further opportunity for the filing of evidence and submissions was appropriate. On 13 July, Ms Thornton filed a further “statement of evidence” from...

  2. [2024] NZEmpC 84 E Tū Inc v Singh [pdf, 378 KB]

    ...staff members she complained about; Mr Sehgal was the other. HVF threatened to go to the media if E tū did not address her concerns. E tū commenced an investigation, which led to Mr Singh’s dismissal some three weeks later. [5] Mr Singh filed a personal grievance, claiming unjustified dismissal and disadvantage. Mr Singh sought reinstatement to his role, a primary remedy under the Employment Relations Act 2000 (the Act). Two preliminary issues arose: Mr Singh applied for...

  3. [2012] NZEmpC 186 Walker v Procure Health Ltd [pdf, 153 KB]

    ...ARC 72/09 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN VICKI JANE WALKER Plaintiff AND PROCARE HEALTH LIMITED Defendant Hearing: (on the papers by way of submissions filed 13 July 2012, 7, 17 and 20 August 2012 and affidavits dated 19 July 2012, 15 August 2012 and 26 October 2012) Counsel: Esma Brown and Nicole Smith, counsel for the plaintiff Richard Harrison, counsel for the defendant Judgment:...

  4. Bloor - Ngapini and Tarawa Trust (2014) 36 Takitimu MB 186 (36 TKT 186) [pdf, 227 KB]

    ...17 June 2014 36 Täkitimu MB 57, 3 October 2014 (Heard at Masterton) Appearances: Sam Morris in person Judgment: 25 November 2014 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] Sam Morris filed an application for review of the Ngapini and Tarawa Trust per s 231 of Te Ture Whenua Māori Act 1993 (“the Act”). Deputy Chief Judge Fox then directed that a report be completed by Peter Bloor of Land Solutions, per s 40 of the Act....

  5. [2014] NZEmpC 93 Prime Range Meats Limited v McNaught [pdf, 108 KB]

    ...received in relation to the incident on 10 May 2011. 2 It awarded him $1,250 as compensation under s 123(1)(c)(i) of the Employment Relations Act 2000 (the Act) for humiliation, loss of dignity and injury to feelings. 3 [4] The plaintiff then filed a statement of claim in this Court challenging the Authority's determination on the basis that the defendant had not complained, either in his statement of problem or in his evidence before the Authority that he had been disadvant...

  6. Otago Standards Committee v Stewart [2016] NZLCDT 28 [pdf, 77 KB]

    ...years). (b) The fact that client balances were repeatedly overdrawn with insufficient funds in the firm’s float to cover the debit balance. (c) The failure to reconcile the various ledgers over an extended period (up to three years). (d) The filing of 30 monthly certificates which incorrectly certified compliance in spite of clear and obvious breaches.” [12] Mr Stewart has acknowledged the seriousness of his offending by his guilty plea to the s 241(c) charge invoking as it doe...

  7. [2018] NZEnvC 056 Auckland Council v Auckland Council [pdf, 663 KB]

    ...of a walkway, an adjacent sea wall and associated access structures. The Auckland Council (by its hearing commissioners) heard the application and submissions (both for and against the proposal) and refused to grant consent. The Council has now filed an appeal under s 120(1 )(a) as the applicant for resource consent against its decision. The preliminary issue [2] A preliminary jurisdictional issue is whether a local authority which is both the applicant for resource consent and th...

  8. LCRO 134/2018 AH v NR (7 April 2019) [pdf, 200 KB]

    ...have provided Mr NR with the originals or certified copies of the deed of assignment upon receipt by Mr AH of confirmation of payment of the settlement funds, and not six weeks later. Application for review [26] In his application for review, filed in this Office on 20 July 2018, Mr AH seeks a reversal of the Committee’s determination.4 (1) Control of subject matter [27] He disagrees with the Committee’s decision. He submits he had “control” over his ability to honour...

  9. [2019] NZEmpC 81 Emmanuel v Waikato District Health Board [pdf, 300 KB]

    ...unplanned absence from the workplace and her excessive sick leave use on 26 November 2013. That warning remained in force for a period of 12 months from the date it was given but a copy of the warning letter remained on Mrs Emmanuel’s personnel file as a historical record. [9] There were further discussions with Mrs Emmanuel regarding her timekeeping and use of sick leave. At a meeting held on 22 March 2016, Mrs Emmanuel was advised she was to receive a written warning, in pa...

  10. Tucker v Real Estate Agents Authority [2020] NZHRRT 50 [pdf, 157 KB]

    ...request by 10 November 2016. [7] On 27 October 2016 and prior to the 10 November time limit, Mr Tucker made a complaint to the Privacy Commissioner that the personal information requested on 20 September 2016 had not been provided. He subsequently filed a claim in this Tribunal. [8] Mr Tucker claims the REAA has interfered with his privacy because: [8.1] The REAA failed to supply all information it held about him within 20 working days of his request being made; [8.2] This failure...