Search Results

1. [2012] NZEmpC 95 Strachan v Moodie [pdf, 323 KB]

   ...beneficial. This much was accepted background but it is the development and eventual explosive demise of that professional association which has been the focus of this proceeding and must be analysed to determine Ms Strachan’s claims and the defences of Mr Moodie and the other defendants. Witness credibility [12] I regret to have to say that one of the reasons for the unduly long delay in deciding this case was the nature of Mr Moodie’s approach to it. From the outset he...

2. LCRO 91/2017 DV v LS and HS (19 December 2018) [pdf, 415 KB]

   LCRO 91/2017 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee No [X] BETWEEN DV Applicant AND LS and HS Respondents The names and identifying details of the parties in this decision have been changed. DECISION Introduction [1] Mr DV has applied to review a decision of the [City] Standards Committee 3 (the Commi

3. [2011] NZEmpC 48 Clear v Waikato DHB [pdf, 201 KB]

   ...simply to resign. Although not a certainty, I find this scenario a definite possibility. On account of such contingency, I would make a deduction from Ms Clear‟s proven economic loss of 60 percent. I reject the suggestion tentatively raised by defence counsel that Ms Clear had failed to mitigate her loss by taking up other employment opportunities in Tokoroa. The evidence satisfied me that she was unable to carry on any other employment prior to March 2008 because of her medic...

4. CAC301 v Murphy [2015] NZREADT 42 [pdf, 211 KB]

   ...day. It is alleged that the licensee told her that the previous owner of the property was a large “P” maker with gang involvement who had made P in the barn, but that he did not know if it was made in the house. Mr Murphy denies making those statements. [8] Ms Lidgard says that she experienced dizziness while inside the house and that her mouth felt clogged. [9] It is put by the prosecution that despite not knowing the results of the tests conducted on that day, and with the k...

5. [2015] NZEmpC 43 Harris v TSNZ Pulp and Paper Maintenance Ltd [pdf, 336 KB]

   WEERAPHONG HARRIS v TSNZ PULP AND PAPER MAINTENANCE LIMITED NZEmpC AUCKLAND [2015] NZEmpC 43 [2 April 2015] IN THE EMPLOYMENT COURT AUCKLAND [2015] NZEmpC 43 ARC 79/12 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN WEERAPHONG HARRIS Plaintiff AND TSNZ PULP AND PAPER MAINTENANCE LIMITED Defendant Hearing: Rotorua and Tauranga 28-29 August (Rotorua) and 15 November (Tauranga

6. [2018] NZEmpC 113 Richora Group Ltd v Cheng [pdf, 396 KB]

   ...would have been apparent and was a situation which was made worse by their actions. The compensatory sum sought and what ought to be awarded [71] Ms Cheng was awarded $20,000 by way of compensation under s 123(1)(c)(i) in the Authority. Her statement of defence pleads that the award made by the Authority was appropriate. When invited to address issues relating to quantum of compensation by reference to recent cases under s 123(1)(c)(i) (including Archibald), the amount...

7. Te Manutukutuku Issue 29 [pdf, 9 MB]

   ...Tri­ bunal? CLAIMANTS MUST be Maori or of Maori descent. claims must be brought by an individual or individuals who may in turn claim on behalf of a group. Does it cost anything to make a claim? MOST CLAIMS start by the submission of a written statement about the grievance. There is no Tribunal charge associated with the lodging of a claim. What power does the Tribunal have to settle claims? WHEN THE Tribunal has heard all the facts about a claim from all parties involved, it...

8. Robinson - Te Tii A Waitangi Marae (2023) 261 Taitokerau MB 220 (261 TTK 220) [pdf, 367 KB]

   ...it— 27 Te Ture Whenua Māori Act 1993, s 6(2); and The Proprietors of Maraeroa C v NZ Forest Products Limited (2007) 121 Waikato MB 258 (121 W 258) at [12]. 261 Taitokerau MB 242 (a) discloses no reasonably arguable cause of action, defence, or case appropriate to the nature of the pleading; or (b) is likely to cause prejudice or delay; or (c) is frivolous or vexatious; or (d) is otherwise an abuse of the process of the court. [100] When deciding whether to strik...

9. Waitangi Tribunal - Poverty Bay [pdf, 4.2 MB]

   Rangahaua Whanui Dis t r ic t 5b POVERTY BAY SIÂN DALY February 1997 Working Paper : Firs t Release WA I T A N G I TR I B U N A L R A N G A H A U A W H A N U I S E R I E S Other Rangahaua Whanui reports District reports District 1: Auckland, R Daamen, P Hamer, and B Rigby District 7: The Volcanic Plateau, B Bargh District 8: The Alienation of Maori Land in the Rohe Potae, C Marr District 9: The Whanganui District, S Cross and B Bargh District 11a: Wairarapa, P Goldsmith Distri

10. Canterbury / Westland Standards Committee 3 v Johnson [2018] NZLCDT 5 [pdf, 464 KB]

    ...assumption. “He was faced with three trustees for the H Trust, two of whom as he found out were unsophisticated people and the third of whom through his company was Ed 19 The expert engaged by the defence, who characterised the transaction as a “usual” purchase between arm’s length parties. 20 NOE page 169. 21 In his supplementary affidavit. 15 Johnston who of course had an interest in seeing that the transaction proceed....