Search Results

1. [2021] NZEmpC 76 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei [pdf, 287 KB]

   ...giving notice of grievances for unjustified disadvantage, unfair dismissal and wage arrears. The company denied the claims. The law Constructive dismissal principles [47] In Auckland Shop Employees’ Union v Woolworths (NZ) Ltd the Court of Appeal accepted that a constructive dismissal could arise in situations such as where:3 (a) an employer had given an employee an option of resigning or being dismissed; (b) an employer had followed a course of conduct with the deliberate an...

2. Tuwhangai v Boon - Kawhia U 2B (2018) 173 Waikato Maniapoto MB 99 (173 WMN 99) [pdf, 442 KB]

   ...recognised as a course of dealing where the two joint tenants discussed the possibility of one buying the share of the other. The facts of this case do not align with those in the case of Burgess v Rawnsley [1975] CH 429 where the English Court of Appeal were unanimous that an agreement by a joint tenant to sell her interest to a co-tenant effected a severance in equity despite the fact that the agreement was short lived.34 Severance arguments – summary [80] At paragraph [33] abo...

3. [2022] NZEmpC 101 UXK v Talent Propeller Ltd [pdf, 357 KB]

   ...Authority nor the Court is strictly bound by the provisions of the EA, guidance is often obtained from its provisions. Thus, s 69 has been referred to by the Authority from time to time,25 and by the Court.26 [88] As explained by the Court of Appeal in the leading authority of R v X,27 confidential information may be disclosed in Court unless the Judge gives a direction under s 69(2) having regard to the factors in s 69(3).28 It is clear from the judgment that what is required is...

4. [2021] NZEnvC 187 The Canyon Vineyard Limited v Central Otago District Council [pdf, 1.5 MB]

   THE CANYON VINEYARD LTD v CODC – FINAL IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 187 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN THE CANYON VINEYARD LIMITED (ENV-2019-CHC-137) Appellant AND CENTRAL OTAGO DISTRICT COUNCIL Respondent AND BENDIGO STATION LIMITED Applicant Court: Environment Judge P A Steven Environment Commissioner M C G Mabin...

5. Williams - Hohotaka 2A Section 4 [2023] Chief Judge's MB 2 (2023 CJ 2) [pdf, 971 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.14 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [21] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:15 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the...

6. Local Government Bill [pdf, 440 KB]

   ...and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. 8. In Moonen v Film and Literature Board of Review,7 the Court of Appeal developed a set of guidelines that are of assistance when assessing whether a provision constitutes a “justified limitation”. This process is similar to the approach taken by the Supreme Court of Canada in R v Oakes.8 9. The inquiry...

7. [2022] NZEmpC 4 Chief of the New Zealand Defence Force v Darnley [pdf, 401 KB]

   ...duty of good faith to the plaintiff? (e) If so, should she pay a penalty? (f) Should the defendant be required to repay the overpayment of wages? Constructive dismissal [9] In Auckland Shop Employees IUOW v Woolworths (NZ) Ltd the Court of Appeal accepted that a constructive dismissal could arise in situations such as where:3 (a) an employer had given an employee an option of resigning or being dismissed; (b) an employer had followed a course of conduct with the deliberate and...

8. [2023] NZEmpC 173 Pact Group v Robinson [pdf, 334 KB]

   ...an unusual outcome against the backdrop of a finding of unjustified dismissal, and one that I do not consider viable in this case. 16 Ritchies Transport Holdings Ltd v Merennage [2015] NZEmpC 198, [2015] ERNZ 361 at [108]. The Court of Appeal declined leave to appeal in Ritchies Transport Holdings Ltd v Merennage [2016] NZCA 191. 17 Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 (CA) at [20]. Compensation for humiliation, loss of dignity and injury t...

9. LCRO 76/2022 & 81/2022 PF v BA (13 May 2024) [pdf, 243 KB]

   ...findings of breaches of the Rules and the penalties imposed. 2 [4] The role of this Office has been described in a number of High Court judgments. In Deliu v Connell, the Court said:1 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It inv...

10. [2024] NZEnvC 024 Environmental Defence Society Inc v Minister for Environment [pdf, 373 KB]

    ...Forestry (the Ministers); New Zealand Forest Owners Association Inc and Top of the South Wood Council Inc (collectively, the Forestry Interests) who appeared at the hearing as s274 parties. [4] Forest & Bird and Mana Taiao Tairāwhiti joined the appeal as s274 parties. However, they did not appear as they take no position on the jurisdictional issues. 2 Joint memorandum of parties in response to court Minute dated 7 June 2023, dated 19 June 2023, at [6]. 4 These parties...