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1. March 2015 National Pānui [pdf, 319 KB]

   Contents: Applications for hearing in MARCH | POUTÜ-TE-RANGI 2015: ISSN 1175 - 8120 www.mäorilandcourt.govt.nz www.mäorilandonline.govt.nz MARCH | POUTÜ-TE-RANGI 2015 The purpose of the National Pänui / Te Pänui ä Motu is to provide notice to interested parties of hearings being conducted in, and applications received by, the Mäori Land Court. Only applications and sittings that were confi rmed at the time of this publication are listed. For more information, please contact y

2. [2011] NZEmpC 21 Maddern v Worldxchange Communications Ltd [pdf, 154 KB]

   ...the grievance to the attention of the employer, the obligation on an employer in receipt of such a grievance is to act in the way a fair and reasonable employer would do in all the circumstances. Judge Shaw, in a passage approved by the Court of Appeal in Waikato District Health Board v Clear, 2 put it this way: 3 2 [2010] NZCA 305 at [58]. 3 [2008] ERNZ 646 at [14]. The Court‟s role is to objectively review the circumstan...

3. [2008] NZEmpC WC 21/08 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 68 KB]

   ...that the plaintiff could not recover any compensation for his physical injuries because it was precluded by the equivalent of s317 of the IPRC Act. However, this did not prevent an action for damages for wrongful dismissal. [75] The Court of Appeal approved the findings of the Chief Judge in Bint in Attorney-General in respect of the Commissioner of Police v B7. The Court of Appeal said that the Chief Judge’s remarks were “apt to be noted… because they indicate the ability...

4. [2015] NZEmpC 190 Brown v Adams t/a Untouchable Hair & Skin [pdf, 144 KB]

   ...must be an end to litigation. 10 [24] In Yong t/a Yong & Co Chartered Accountants v Chin, Judge Couch dismissed the four processes by which the substance and effect of a judgment can be changed after it has been given in the process of appeal, judicial review, recall and rehearing. 11 As to the last, he made the following observation with which I respectfully agree: 12 [23] … This is a step which no court will take lightly as it involves setting aside a judgment...

5. CAC301 v Mairs [2015] NZREADT 63 [pdf, 225 KB]

   ...market and sell the property at auction. [49] One of the owners engaged Barfoot & Thompson Pukekohe and executed a listing agreement in relation to the sale of the property. That listing agreement was not signed by the other owner. The issue on appeal was whether the licensee’s failure to obtain the signature of the other owner constituted unsatisfactory conduct for the purposes of the Act. [50] At [22], Lang J accepted that “an agent would ordinarily be wholly remiss if he...

6. [2013] NZEmpC 145 AARTS v Barnardos NZ and Ors [pdf, 185 KB]

   ...submissions constitute a reiteration of the merits of the plaintiff’s case which have already been decided. They cannot be re-litigated on an application for costs. In any event, I am aware that there are applications for leave to the Court of Appeal to both appeal and cross appeal against this Court’s judgment. [60] As to Mr Aarts’s claim for costs against the remaining defendants, Mr Lee submits that he has put in an estimated 7,000 hours of work on this case on behalf of...

7. Williams v Tuhoe Putaiao Trust - Te Tawa Kaiti Lands Trust (2012) 50 Waiariki MB 247 (50 WAR 247) [pdf, 1.2 MB]

   ...1967 which is concerned with a diversion of natural water. Roper J after reviewing all of the above decisions was satisfied that they correctly set out the New Zealand position on ascertaining the width of the bed of a river. [47] That case was appealed to the Court of Appeal: Stewart v Kanieri Gold Dredging Ltd. 19 Cooke J at page 332 noted that Roper J had reviewed a number of authorities on what is in law a riverbed. Although Cooke J went on to indicate that for the purpos...

8. [2014] NZEmpC 144 Nash v NZ Trade & Enterprise and Wellington Regional Chamber of Commerce [pdf, 151 KB]

   ...Tu’itupou v Guardian Healthcare Operations Ltd (2006) 4 NZELR 1 (EmpC). 16 At [68]. 17 At [72]-[73]. recognised general principles which have particular relevance to the facts of the present case. They were affirmed by the Court of Appeal in Wall v Caldow 18 and Peihopo v Amuri County, 19 respectively. Each of those cases was concerned with an application under s 4(7) of the Limitation Act 1950 for leave to bring an action for bodily injury outside the two year s...

9. [2016] NZEmpC 32 Bhikoo v Stephen Marr Hair Design Newmarket Limited [pdf, 239 KB]

   ...accountant) in combination it was an aggravating feature, particularly as the use related to expenditure after he was stood down on ‘gardening leave’. [35] Mr Wicks, counsel for the defendant, in his closing submissions referred to the Court of Appeal’s judgment in BP Oil NZ Ltd v Northern Industrial District Distribution Workers’ Union. 5 That case and decisions of the Employment Court and 3 Yan v Commissioner of Inland Re...

10. [2015] NZEmpC 48 Thorne v Kiwirail Ltd [pdf, 144 KB]

    ...of the employment relationship. It usually involves the employer's ability to trust and place confidence in the person. Serious misconduct may include, but is not limited to the following examples of behaviour … [37] As the Court of Appeal noted in BP Oil New Zealand Ltd v Northern Distribution Union, in relation to serious misconduct that would justify summary dismissal: 5 Definition is not possible, for it is always a matter of degree. Usually what is needed is cond...