Search Results

1. [2007] NZEmpC WC 30/07 Secretary for Education & Ors v New Zealand Educational Institute (Inc) [pdf, 32 KB]

   ...teacher. Principles of interpretation of collective agreements [6] The starting point is that the words of the collective agreement should be given their plain meaning in the context of the document as a whole. It was recognised by the Court of Appeal in Pyne Gould Guinness Ltd v Montgomery Watson (New Zealand) Ltd1 that the factual matrix may be used to cross-check whether the natural and ordinary meaning of the words was intended although the Court recognised that all too of...

2. [2008] NZEmpC CC 14/08 PGG Wrightson Ltd v Jary [pdf, 31 KB]

   ...given a wide meaning – see for example the decisions of this Court in Medic Corporation Ltd v Barrett [1992] 3 ERNZ 523 and Waikato Rugby Union (Inc) v New Zealand Rugby Football Union (Inc) [2002] 1 ERNZ 752 and the decision of the Court of Appeal in Conference of the Methodist Church of New Zealand v Gray [1996] 1 ERNZ 48. In B D M Grange Ltd v Parker [2005] ERNZ 343, however, a full Court of the High Court expressed the view in paragraph [66] of the decision that: …“rela...

3. [2009] NZEmpC AC 54/08 A v The Internet Company of NZ [pdf, 31 KB]

   ...another person, there is not a requirement that the potential litigant will bring such a claim. They observed that this was addressed in British Steel Corpn v Granada Television Ltd [1981] 1 All ER 417, where Lord Templeman in the Court of Appeal stated at p443: In my judgment the principle of the Norwich Pharmacal case applies whether or not the victim intends to pursue action in the courts against the wrongdoer provided that the existence of a cause of action is establ...

4. Phillips v Te Rina Whanau Trust - Wharekahika D15 (2013) 31 Tairawhiti MB 175 (31 TRW 175) [pdf, 110 KB]

   ...to progress the s45 proceedings or to seek legal advice or direction from the Court per s67 of the Act. If the order granting the transfer of the occupation order is made then that too can be the subject of a s45 application, a rehearing or an appeal. So the remedies available to the respondents remain intact. There will be no prejudice if the transfer application is granted that cannot subsequently be the subject of further orders in the respondents’ favour. The real issue is w...

5. Tupe - Manunui No 1 Fourth Residue (2013) 309 Aotea MB 25 (309 AOT 25) [pdf, 110 KB]

   ...depend on a range of considerations including the nature and importance of the issue being decided, the extent of support and opposition and whether notice has been adequate. [17] In The Trustees of Pukeroa Oruawhata v Mitchell 10 the Court of Appeal underscored the importance of strict adherence to s 244 whenever the Court’s discretion to vary a trust order was invoked. A three step process was necessary that included notice to the beneficiaries, of the proposed variation suf...

6. Wikiriwhi v Houpapa - Hurakia Trust (2013) 85 Waiariki MB 107 (85 WAR 107) [pdf, 140 KB]

   ...abilities of all the trustees and submitted that all trustees should be required to attend trustee training. Legal Principles [16] The Proprietors of Mangakino Township v The Maori Land Court & Anor (CA65/99, 16 June 1999, Wellington) the Court of Appeal confirmed that this Court has 85 Waiariki MB 111 extensive supervisory powers in relation to trusts. Blanchard J noted at pp 9-10 that the Maori Land Court: “…is expressly given in s237 in respect of any trust to...

7. Maori Trustee v Forde - Section 186 Block V Longwood Survey District (2013) 19 Te Waipounamu MB 249 (19 TWP 249) [pdf, 100 KB]

   ...expert evidence presented by the respondents was relevant and appropriately tested the applicant’s case. 2 Henare v Māori Trustee – Parengarenga 3G (2012) 2012 Māori Appellate Court MB 540 (2012 APPEAL 540) at [47] – [48]. 3 Riddiford v Te Whaiti (2001) 13 Takitimu MB 184 (13 ACTK 184). 19 Te Waipounamu MB 256 [22] I award 70 per cent of the applicant’s costs incurred on a solicitor-client basis, not including the...

8. CAC 10031 v Maran [2011] NZREADT 23 [pdf, 107 KB]

   ...to the complainant were both false and intended to deceive him in relation to both charges. [26] Accordingly both charges against the defendant are dismissed. [27] Pursuant to s 113 of the Act the Tribunal advises the Applicant of the right to appeal this decision to the High Court as conferred by s 116 of the Act. DATED at WELLINGTON this 29th day of August 2011 ______________________________ Judge M Hobbs Chairman ______________________________ Ms J Robson...

9. CAC20004 v Vessey [2015] NZREADT 46 [pdf, 167 KB]

   ...In general, we feel that it would not have been excessive for the defendant’s period of suspension to have been longer than we have ordered. 6 [27] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Ms C...

10. ENVC paper Workshops on expert conferencing 2013 [pdf, 172 KB]

    ...conferencing is not to be seen as an immediate step following the Council process. In other words, the matter doesn’t ‘go away’ while parties wait for the Court to set a timetable, rather the impetus is continued directly following the lodging of appeals and remaining parties joining the case. This can contribute powerfully to shortening of case disposal times. It also acts to concentrate the minds of parties on what the key issues are in the case, and focus on likely outcomes and...