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1. [2006] NZEmpC AC 68/06 Colosimo & Anor v Parker [pdf, 78 KB]

   ...was employed by Mr Mehta personally and not with his company Exotiqa Ltd and that situation did not change before Mr Sheikh's dismissal. I agree with the Tribunal that the employment contract was between Mr Sheikh and Mr Mehta. Mr Mehta's appeal against the Tribunal's findings in respect of Mr Sheikh is dismissed. [30] Much has been made in this case of the fact that Mr Parker was never made aware that Taffy’s Bar Limited was the employer. However, the real issue is...

2. [2006] NZEmpC AC 72/06 Williams v Kimberleys Fashions Ltd [pdf, 85 KB]

   ...that contained in the Contributory Negligence Act 1947 applying to certain liability for tortious damage. (b) In Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168, 172 the Court of Appeal outlined the correct approach to constructive dismissals as follows: In such a case as this we consider that the first relevant question is whether the resignation has been caused by a breach of duty on the part of the employer. To...

3. Hettig v ANZ Bank of New Zealand Ltd - Lot 1 Deposited Plan 158328, CT NA95A/121 (2014) 93 Taitokerau MB 238 (93 TTK 238) [pdf, 220 KB]

   ...of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Mäori Trustee. (3) Any injunction made by...

4. Potangaroa - Golden Sarel Potangaroa [2015] Chief Judge's MB 562 (2015 CJ 562) [pdf, 293 KB]

   ...to any vesting order made under Part 6 of this Act in respect of Maori customary land. 2015 Chief Judge’s MB 575 (5) The Chief Judge may decline to exercise jurisdiction under this section in respect of any application, and no appeal shall lie to the Maori Appellate Court from the dismissal by the Chief Judge of an application under this section. 45 Applications for exercise of special powers: (1) The jurisdiction conferred on the Chief Judge by section 44 of...

5. [2013] NZEmpC 175 Tranzit Coachlines Wairarapa v Morgan & Wilson [pdf, 171 KB]

   ...plaintiff, referred us to three authorities which have given consideration to s 12 of the Holidays Act. They are of assistance as to the approach to be adopted although the context of these cases is different from the present. [19] The Court of Appeal considered s 12 in New Zealand Fire Service Commission v New Zealand Professional Firefighters Union. 3 That case involved issues relating to public holidays of a different kind to the present. However, on s 12 the Court stated...

6. [2014] NZEmpC 79 Brook v Macown Gainsford Crozier and Kennedy [pdf, 132 KB]

   ...abandon the appointment on proper notice. [23] The focus on something other than an intangible benefit was emphasised (albeit in a different statutory context) in Prior v Millwall Lionesses Football Club. 9 There the United Kingdom Employment Appeal Tribunal (EAT) rejected a claim by the General Secretary of a football club, who had fulfilled the role for twenty years, that she was an employee. This finding was based on two grounds. First, that there was no contract between the...

7. [2016] NZEmpC 19 O'Shea (Labour Inspector) v Pekanga O Te Awa Farms Ltd [pdf, 247 KB]

   ...breaches continued over a significant period of time, and could not be regarded as an isolated aberration. 9 Idea Services Ltd v Dickson (No 2) [2009] ERNZ 372 (EmpC) at [61]-[62]. 10 The Court of Appeal subsequently approved the approach of the majority Court: Idea Services Ltd v Dickson [2011] NZCA 14, [2011] 2 NZLR 522. [38] However, those failures have to be placed in the context where it was genuinely believed that,...

8. Lomax v Apatu – Awarua o Hinemanu Trust (2013) 22 Takitimu MB 282 (22 TKT 282) [pdf, 137 KB]

   ...agent, of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. 22 Takitimu MB 290 (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. (3...

9. CAC 20002 v Chand [2014] NZREADT 102 [pdf, 73 KB]

   ...to avoid liability under s.72. We agree. In Clark, we had found as a matter of fact that there had been oral advice that one of the licensees may benefit financially from the transaction but we still made a finding of unsatisfactory conduct. On appeal, Moore J observed that it followed from the oral advice that the licensees understood the moral need to alert the purchaser of the potential benefit, even if they did not know of the specific requirements imposed on them by s.136 (the Co...

10. Holt & Ors as Trustees of the Kahala Trust v Auckland Council [2011] NZWHT Auckland 15 [pdf, 129 KB]

    ...between the settling parties. This type of renegotiation was also provided for in the original agreement. [3] The claim proceeded to a formal proof hearing against Mr Arakelian and DVK, and orders were made against them. Mr Arakelian and DVK appealed that decision on the basis that they had not been served with the proceedings. The parties agreed to set aside the original order and bring the claim against DVK and Mr Arakelian back before the Tribunal to be reheard. [4...