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1. Wickliffe v Pearce - Paengaroa North B4B and K Aggregated (2005) 289 Rotorua MB 236 (289 ROT 236) [pdf, 5.9 MB]

   ...20 November 1999 the beneficial owners at a general meeting agreed to the creation of a limited liability company for the purpose of a new venture in composting. Five resolutions were passed at the hui in support of the proposal, including the key statement in terms of authority to proceed, resolution I: "The owners flllly support the trustees developing on the Trust land a composting operation in sllch manner and on slIch terms as the tl'llstees think fit." The Company was...

2. [2024] NZEmpC 183 Auckland Trotting Club Inc v Payne [pdf, 343 KB]

   ...Payne may have tolerated it at the time, there is no evidence that he agreed to it. [35] Mr Payne denies ever having agreed to anything. He says he was simply told that was how it would be. The evidence supports his position. [36] A unilateral statement of intention by one party does not amount to a mutual agreement with the other party. [37] Accordingly, I find there was no agreement between the plaintiff and the defendant in 2015 that the defendant’s commission payments woul...

3. [2009] NZEmpC CC 9/09 Jinkinson v Oceania Gold (NZ) Ltd [pdf, 80 KB]

   ...redundancy. [5] Counsel were agreed that the Court should decide as a preliminary issue the nature of the employment relationship between the parties. It was also agreed that this issue should be decided without a hearing on the basis of an agreed statement of facts and written submissions. Facts [6] Oceana Gold is engaged in mining in central Otago. Ms Jinkinson was employed by Oceana Gold as one of six grade controllers. Her work involved taking samples of ore for testing....

4. Apostolakis v Rennie (Strike-Out Application) 2017 NZHRRT 42 [pdf, 286 KB]

   ...Neeson JP, Member REPRESENTATION: Mrs K Apostolakis in person Mr A Darroch for first defendant Ms J De Polo in person DATE OF HEARING: Heard on the papers DATE OF DECISION: 2 November 2017 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM1 INTRODUCTION [1] The first defendant (Ms JH Rennie) is a lawyer in private practice in Wellington who specialises in Family Court work. She is a partner in the law firm, McWilliam Rennie. In 2006 she was working...

5. [2022] NZEnvC 117 High Quality v Auckland Council [pdf, 885 KB]

   ...Proposed conditions The applicant provided draft conditions of consent at the commencement of the hearing that had been based on those attached to the evidence of Mr Powell and revised to take into account of the recommendations in the joint witness statements. These are annexed hereto and marked “A”. As the case developed, there was a suggestion that there might be some changes to these conditions to meet particular issues that arose which we will discuss in due course. [17]...

6. Russell v CAC 10012 & Long [2012] NZREADT 16 [pdf, 153 KB]

   ...Rules provide that licensees must ensure that they are open and honest with purchasers so that they are not misled in their decision to make an offer to purchase a property. There does not need to be any reliance by the purchaser on the 7 statements (or lack of statements) by the agent and it is clear that a duty of utmost good faith is required from the agent.” Conduct prior to the Act coming into force [35] The conduct alleged in this case took place prior to the Act c...

7. LCRO 69/2021 ID v KZ and UG (7 September 2023) [pdf, 327 KB]

   ...Once the motion was dismissed, we were still entitled to apply for an out of time appeal which Mr ID did not research and failed to advise us on – Most damaging of all, the simple matter of not knowing the implications of failing to get an on-time statement of defence lodged in response to bankruptcy proceedings being brought against us (made more unexplainable and irresponsible by the judge implying that this had happened before with Mr ID, and he should well know the implications)....

8. Scope of inquiry Minute October 2021 plus appendices [pdf, 720 KB]

   IN THE CORONER’S COURT AT AUCKLAND (IN-CHAMBERS) I TE KŌTI KAITIROTIRO MATEWHAWHATI KI TĀMAKI MAKAURAU [I TE TARI] CSU-2019-CCH-000165 CSU-2019-CCH-000166 CSU-2019-CCH-000167 CSU-2019-CCH-000168 CSU-2019-CCH-000169 CSU-2019-CCH-000170 CSU-2019-CCH-000171 CSU-2019-CCH-000172 CSU-2019-CCH-000173 CSU-2019-CCH-000174 CSU-2019-CCH-000175 CSU-2019-CCH-000176 CSU-2019-CCH-000177 CSU-2019

9. LCRO 153/2023 GP v DM (29 November 2024) [pdf, 253 KB]

   ...strictly enforce time frames for the filing of review applications, however in circumstances where (as in this case) a party has both responded to an application for review that has been filed by another party, and their response presents not only as a defence to the review application filed but also a challenge to a Committee’s decision engaging the party filing the response, LCROs approach the review mindful that it has frequently been emphasised that the role of a Review Officer, whe...

10. [2006] NZEmpC AC 55/06 Downey v NZ Greyhound Racing Assoc Inc [pdf, 80 KB]

    ...independent contractor under a contract for services. She held the matter was, however, finely balanced and resolved the issue on the basis of what she perceived the intention of the parties to be at the outset. Pleadings [7] Mr Harrison’s statement of claim on behalf of Mr Downey is a model of brevity. It asserts that Mr Downey, from the date of his appointment to the date of cessation of his position as stipendiary steward, was an employee. That the real nature of the rel...