Search Results

1. [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...

2. [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...

3. [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,...

4. 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...

5. 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...

6. 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...

7. Gill v Singh [2016] NZIACDT 36 (30 June 2016) [pdf, 155 KB]

   ...or her account of the matters charged, there can be no complaint if the Tribunal draws the unfavourable evidentiary inference which absence from the witness box commonly attracts. [36] In Ithaca (Custodians) Ltd v Perry Corporation 6 the Court of Appeal considered what inferences may be drawn from the absence of witnesses. The Court observed: [153] …The absence of evidence, including the failure of a party to call a witness, in some circumstances may allow an inference that the miss...

8. AN v TC LCRO 381/2013 (4 August 2015) [pdf, 88 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. 6 Review issue [26] The issue to be determined on review is whethe...

9. [2018] NZEnvC 089 Auckland Council v Braines [pdf, 8.2 MB]

   ...[10] Mr Randall's detailed affidavit sets out the background of the Site and the activities on it in detail. This includes prior enforcement action taken by the Council in 2013 which led to an abatement notice and subsequent resolution of an appeal by Mr Braines against that notice by way of orders made in an oral determination of the Court dated 17 September 2013.1 In particular, Mr Randall draws attention to the fourth order which states: The two trailer homes will only be us...

10. [2018] NZEmpC 71 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 347 KB]

    ...recognising it may have been possible for Dr Sawyer to seek to amend them.6 [31] Duress is usually understood as the imposition of illegitimate pressure by threats that coerce a party to enter a contract: McIntyre v Nemesis.7 In McIntyre the Court of Appeal said that contracts procured by duress are voidable by the coerced party unless the agreement has been affirmed.8 [32] In discussing duress the Court said that, originally, it was restricted to threats of physical injury. Subse...