Search Results

1. [2017] NZEmpC 52 Unite Union Inc v Restaurant Brands Ltd [pdf, 303 KB]

   ...defendant, referred to Vector Gas Ltd v Bay of Plenty Energy Ltd 4 and to Professional Firefighters Union. 5 [37] Both counsel also referred to Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc, 6 in which the Court of Appeal recognised that Vector Gas applies to interpreting collective agreements, and noted that it is appropriate, when considering collective agreements, to take into account undisputed evidence as to the terms of prior instruments. 7...

2. HortNZ - EiC - M K Sands - Industry (5 Feb 2021) [pdf, 313 KB]

   ...uses, such as urban development. The Central Otago District Plan review is to be undertaken post the Otago Regional Policy Statement review. This will be done prior to the Otago Land and Water Plan. With no security of water, it would be highly appealing to land owners to seek a rezoning to a more profitable use, such as housing. This would be a negative consequence as highly productive land is a finite resource that is under pressure around the country – as evidenced by the n...

3. [2020] NZEmpC 106 Kiteley v Carbine Aginvest Corp Ltd [pdf, 225 KB]

   ...agree with the determination of the Authority on this point. Legal principles applying – submissions raised [27] Both counsel in their submissions, although Mr Oldfield, counsel for Mr Kiteley, to a greater extent, referred to the Court of Appeal’s decision in Grace Team Accounting Ltd v Brake.2 That decision has helpfully traversed historic decisions relating to the principles applying in redundancy and how the matter is to be now considered in the context of the Employment...

4. Te Awe Awe v Te Awe Awe - Estate of Pipi Rakene or Pipi Te Awe Awe (2019) Chief Judge's MB 1414 (2019 CJ 1414) [pdf, 258 KB]

   ...7 [1984] Chief Judge’s MB 123-130 (1984 CJ 123-130) 8 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 9 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2019 Chief Judge’s MB 1427 either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. Issues [19] The issues to determine in this case are:

5. LCRO 42/2018 MF v Standards Committee (10 October 2018) [pdf, 262 KB]

   ...requiring the lawyer to hold the funds in a trust account as a stakeholder must adhere strictly to those terms and disburse the funds only in accordance with them. [42] In W v Auckland Standards Committee 3 of the New Zealand Law Society the Court of Appeal said:7 [47] As Mr [WJ] rightly accepted, the law has always regarded it as important that practitioners honour their undertakings. This is reflected in r 6.07 of the Code of Professional Conduct then in force. Practitioners and t...

6. Bartlett - Kakiraawa 2B 2F 3 (2018) 73 Tākitimu MB 1 (73 TKT 1) [pdf, 478 KB]

   ...16 See Mato – Nukutaurua 3C3B (1987) 32 Gisborne Appellate MB 217 (32 APGS 217); Muraahi v Phillips – Rangitoto Tuhua 5521B and 551BA2 (Manu Ariki Marae) [2013] Māori Appellate Court MB 528 (2013 APPEAL 528); Yates – Te Kōhanga Lots 1, 3-27 (2013) 63 Taitokerau MB 299 (63 TTK 299); and Raumati – Urenui Pa (Lot 2 of Part Subdivisions 3 of Section 24 Block IV Waitara Survey District) (2017) 374 Aotea MB 252 (374 AOT 252) http://www.

7. [2018] NZEnvC 246 Wellington International Airport Limited 20.12.18 [pdf, 1.3 MB]

   ...referral process (at least in part) is to speed up normal resource consent application processing. Direct referral avoids the usual two-step process whereby resource consent applications are initially heard and determined by local authorities and then appealed to the Environment Court by persons who might be dissatisfied with the outcome of the initial hearing. Large scale projects and/or those attracting very high public interest where there is a high degree of likelihood of appeal...

8. [2021] NZEmpC 155 Best Health Foods Ltd v Berea [pdf, 290 KB]

   ...of dismissal was defective notice. The Authority said the dictionary definition of “notice” means to provide an indication of a future event or “advance notification or warning”.14 [17] Reference was also made to dicta from the Court of Appeal in Ioan v Scott Technology NZ Ltd, in which it was held that the mere fact of a payment in lieu of notice does not itself prevent a termination from being a summary dismissal.15 [18] On the strength of its findings as to fact, the Aut...

9. [2022] NZREADT 28 - Harris (14 December 2022) [pdf, 136 KB]

   ...text refers to a letter dated 9 May 2022 from the Registrar. This is a mistaken reference to the Registrar’s letter of 6 May 2022. 4 it had not been reported. He was advised to send proof by 5 pm that day, otherwise he would have to appeal to the Tribunal. [11] Mr Harris accessed an online verifiable training provider and completed the training on 24 May 2022. Prior to 5 pm that day, he duly provided the record of completing 20 hours of training on the same day.2...

10. [2024] NZEnvC 080 Digital Signs Limited v Auckland Council [pdf, 282 KB]

    ...April 2001. 5 [14] A judicial discretion, however broad, must be exercised on a principled basis even where there is no express statement of principles. The fundamental principles as to the making of declarations were set out by the Court of Appeal as follows (citations omitted):2 [141] It may be worth reiterating the fundamental principles. First, there must be an actual controversy between the parties (or as it is sometimes put, a real and not a theoretical question to be a...