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1. Wihelmus Hooft van Huijsduijnen v Woodley [2012] NZWHT Auckland 11 [pdf, 451 KB]

   ...authority that the works do in fact comply with the Building Code. 35 Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR, 896 at [912]-[913] and adopted by the Court of Appeal in Boat Park Ltd v Hutchinson [1999] 2 NZLR 74 (CA) at [81]-[82]. 56 [198] At [268] she said: ...that the meaning given to cl 14.2 has to be informed by the intention of the parties in entering into the contract...

2. Māori Land Court January 2022 - National Pānui [pdf, 302 KB]

   ISSN 1175 - 8120 (Print) ISSN 2463-3763 (Online) www.mäorilandcourt.govt.nz www.mäorilandonline.govt.nz JANUARY | KOHI-TÄTEA 2022 The purpose of the National Pänui / Te Pänui ä Motu is to provide notice to interested parties of hearings being conducted in, and applications received by, the Mäori Land Court. Only applications and sittings that were confi rmed at the time of this publication are listed. For more information, please contact your local Mäori Land Court offi ce.

3. Conviction and sentencing statistical bulletin 2010: An overview of conviction and sentencing statistics in New Zealand [pdf, 81 KB]

   ...(e.g. New Zealand Customs Service, Ministry of Fisheries or the Serious Fraud Office), to when the case is resolved and a sentence may be handed down. A simplified outline of the way a charge moves through the criminal justice system, excluding appeal and review processes, is shown in Figure 1. The shaded area relates to the statistics covered in this Bulletin. 3 http://www.justice.govt.nz/publications/global-publications/c/N...

4. [2007] NZEmpC CC 27/07 South Tranz Ltd & Ors v Strait Freight Ltd [pdf, 51 KB]

   ...the parties; and (ab) the terms may not be cancelled under section 7 of the Contractual Remedies Act 1979; and (b) except for enforcement purposes, no party may seek to bring those terms before the Authority or the Court, whether by action, appeal, application for review, or otherwise. (4) A person who breaches an agreed term of settlement to which subsection (3) applies is liable to a penalty imposed by the Authority. [22] A further result is that s151 applies. It pro...

5. [2011] NZEmpC 95 Walker v Procare Health Ltd [pdf, 113 KB]

   ...who, at one stage, had acted as mediator in relation to the dispute. Section 148 of the Act imposes strict obligations of confidentiality on persons providing mediation services and those obligations were recognised and enforced by the Court of Appeal in Just Hotel Ltd v Jesudhass. 10 Section 148(2) specifically provides: (2) No person who provides mediation services may give evidence in any proceedings, whether under this Act or any other Act, about – (a) the provision o...

6. [2011] NZEmpC 78 NZ Tramways and Public Passenger Transport Employees Union & Ors v Wellington City Transport Ltd [pdf, 93 KB]

   ...intention of the parties in the context of their employment relationship and evidence in relation to past practices under the provisions in question which are long-standing, having been carried over through successive collectives. As the Court of Appeal recently noted, historical considerations such as the way in which the parties have approached particular provisions in past CEAs can be used to assist in their construction. 6 [22] The second question of law posed by the applica...

7. [2011] NZEmpC 169 Kim v Thermosash Commercial Ltd [pdf, 126 KB]

   ...2 Section 26(1)(b). 3 [2001] ERNZ 647 (CA). 4 [2003] 3 NZLR 787, 791 (CA). [22] A distinction must accordingly be drawn between injury which is covered and injury or loss which is not. In Attorney-General v B the Court of Appeal held: 5 We accept that in principle an employer may be liable for breach of duties to an ill or injured employee. There may, for example, be discriminatory conduct towards an injured employee; or in a case like Bint the method of di...

8. [2012] NZEmpC 39 Imperial Tobacco New Zealand Limited v Pereira [pdf, 113 KB]

   ...that he is, “seriously considering resigning”. He stated: 22. I found myself looking at properties in the country the other day. I realised that I was looking for a hideaway because the prospect of staying where I am is currently so unappealing. In reference to Mr Ross, Mr Chote deposed: 19. The problem is that with Dominic‟s re-instatement Josh has handed in his resignation. If Dominic returns, Josh will leave. Josh is absolutely clear on this. If Josh leaves, he...

9. [2012] NZEmpC 140 French v Accident Compensation Corporation [pdf, 133 KB]

   ...The court in any proceedings may order any party to pay to any other party such costs and expenses (including expenses of witnesses) as the court thinks reasonable. [25] However, that discretion is to be exercised judicially. As the Court of Appeal has emphasised, the “award of party and party costs should generally follow the event and amount to a reasonable contribution to costs actually and reasonably incurred.” 4 [26] The usual starting point for assessing costs in th...

10. [2012] NZEmpC 17 Transpacific Industries Group (NZ) Ltd v Harris & Others [pdf, 90 KB]

    ...matter removed to the Court rather than an investigation meeting and a hearing de novo of a challenge. [24] Ms Stone properly raised the other side of that proposition which is that removal into the Court would deprive the parties of a “right of appeal”. That is undoubtedly correct but, as the Court has observed on previous occasions, that occurs whenever a matter is removed under s 178 and the legislature must have regarded it as an acceptable consequence. [25] Ms Stone qu...