Search Results

1. [2006] NZEmpC AC 66/06 Clark v Northland Hunt Inc [pdf, 103 KB]

   ...considered the formulaic approach adopted in Bryson, to gain an overall impression of the underlying and true nature of the relationship between the parties. This is the approach adopted by Justice McGrath in the dissenting judgment of the Court of Appeal; Three Foot Six Ltd v Bryson [2004] 2 ERNZ 526 CA, (2005) 7 NZELC 97,653. The contract [26] The first ground of real distinction between the position of Mr Clark and Mr Bryson whose engagement was regarded by the Court as on...

2. [2015] NZEmpC 180 Keepa v Go Bus Transport Ltd [pdf, 150 KB]

   ...natural justice”. An employer carrying out a disciplinary function is not acting judicially and the principles in Saxmere specifically dealing with judicial bias do not apply. It has been well established in decisions such as that of the Court of Appeal in Board of Trustees of Marlborough Girls College v Sutherland 9 and the High Court in Peters v Collinge 10 that the high standards applying to judicial officers do not apply to an employer carrying out a disciplinary function...

3. Floyd v The Proprietors of Hauhungaroa 2C Block Incorporation Committee of Management - Hauhungaroa 2C Incorporation (2014) 325 Aotea MB 42 (325 AOT 42) [pdf, 229 KB]

   ...of committee members was being considered: 10 [7] In our view unsatisfactory performance must be measured against the principles in the Act. They are contained in the preamble and section 2. [8] The key principles for the purposes of this appeal are that the Court should encourage: (a) retention of Māori land, in the hands of its owners; (b) the utilisation and development of that land; and (c) control of that land by the owners, through their representatives. [9] Whet...

4. [2015] NZEmpC 214 Goel v Director-General for Primary Industries [pdf, 135 KB]

   ...the private sector dealing with a number of large organisations. However, he became "disillusioned" working in the private sector and his goal was to become a public servant because, as he explained it to the Court, public sector jobs appealed to him on an ethical level. [8] In 2010 Mr Goel graduated from Massey University in Wellington in Business Studies with grades for which he was listed in the Dean's list of top performing students. He worked as a part-time...

5. [2016] NZEmpC 36 Western Bay of Plenty DHB v McInnes [pdf, 155 KB]

   ...Employment Relations Act 2000 (the Act). 2 In essence the object of the Act is to build productive employment relationships through the promotion of good faith. 3 [7] The approach to interim injunctions has recently been stated by the Court of Appeal in NZ Tax Refunds v Brooks Homes Ltd. 4 It can be summarised as follows. An applicant must establish that there is a serious question to be tried. Consideration must be given to the balance of convenience, and the impact on the p...

6. ENVC Hearing 6Oct14 DM expert Dennis Scott [pdf, 364 KB]

   ...- Operative Waiheke County Council District Scheme, 1991. 15. In 2004, I was also prepared and produced landscape evidence and attended the Environment Court hearing on behalf of Auckland City Council on the “Waitemata Infrastructure Ltd” appeal in relation to the then proposed Matiatia Village development. 16. Since that time I have also produced several design concepts for Matiatia Village, including two concepts, in 2006, for an Auckland City Council commissioned urban d...

7. REAA CAC 10017 v Miller [2013] NZREADT 31 [pdf, 201 KB]

   ...CAC 10063 v Jenner Real Estate Ltd [2012] NZREADT 68 where we followed our earlier decision in Cooke v CAC 10031 [2011] NZREADT 27, and noted with approval the following definition of misconduct, set out in a decision of the New South Wales Court of Appeal, Pillai and Messiter (No 2) (1989) 16 NSWLR 197: “Professional misconduct does not arise where there is mere professional incompetence nor deficiencies in the practice of the profession by a practitioner. More is required. Such mis...

8. [2014] NZEmpC 209 McLennan v New Zealand Post Ltd [pdf, 161 KB]

   ...determining whether these actions are sufficiently capable or blameworthy to reduce any award that might otherwise be made; 31 and determining whether these actions are “blameworthy” as a broad inquiry. (d) The majority of the Court of Appeal in Salt v Fell held that s 124 operates as a “contributory negligence” provision. 32 (e) Examples were given of blameworthy conduct that had required the reduction of remedies, including for breach of traffic regulations 33 a...

9. Wellington Standards Committee v Sawyer [2013] NZLCDT 47 [pdf, 84 KB]

   ...the third charge. [3] At the conclusion of the hearing, the Tribunal reserved its decision as to all matters. Background 1. July 2004 misconduct [4] This matter, which has been the subject of considerable litigation (High Court, Court of Appeal and Supreme Court decisions having been delivered) arose when the practitioner represented clients in respect of the sale of a portion of their rural property. In 2001 the property had been subdivided and as part of that subdivision...

10. NH v Singh LCRO 53/2013, 91/2013 and 115/2013 (27 August 2014) [pdf, 95 KB]

    ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review, and the extent of the investigations necessary to conduct that review. Review hearing [21] Mr Singh attended a review hearing on 24 June 2014,...