Search Results

1. June 2016 National Pānui [pdf, 330 KB]

   Contents: Applications for hearing in MAY | HARATUA 2016: ISSN 1175 - 8120 (Print) ISSN 2463-3763 (Online) www.mäorilandcourt.govt.nz www.mäorilandonline.govt.nz JUNE | PIPIRI 2016 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, plea

2. [2010] NZEmpC 103 Coy v Commissioner of Police [pdf, 75 KB]

   ...most proceedings, this Court is cautious about accepting expert opinion evidence on the ultimate issue for the Court’s decision. Such evidence will be allowed where it will assist the Court: X at para [37] adopting the approach of the Court of Appeal in Attorney-General v Equiticorp Industries Group Ltd (in statutory management).3 [15] Ms McKechnie submitted, however, that advocacy masquerading as evidence will not assist the Court and should not be given. Again in X the Court...

3. [2012] NZEmpC 103 Progressive Meats Ltd v Pohio and others [pdf, 135 KB]

   ...Suggestions for change from staff are to be directed in writing through the relevant committee representative. A unanimous decision of the skills and training committee is required to allocate additional units to any department. 10.4. Employees may appeal to the skills and training committee regarding individual issues pertaining to the application of the training system. 10.5. Staff rotation between slaughter and processing, where staff levels allow, will be encouraged to...

4. [2009] NZEmpC AC 30/09 Masonry Design Solutions Ltd v Bettany [pdf, 74 KB]

   ...test, in the alternative, as whether the employee engaged in the conduct in question knowing that it would cause loss to his or her employer. [52] This is a matter of foreseeability. In this jurisdiction the principle was re- stated by the Court of Appeal in Attorney-General v Gilbert [2002] 2 NZLR 342 at 361-362 as follows: The loss must be “sufficiently linked to the breach of the particular duty to merit recovery in all the circumstances” (McElroy Milne v Commercial Electron...

5. [2006] NZEmpC WC 23/06 Spotless Services (NZ) Ltd v Morrison [pdf, 81 KB]

   ...contribution as contemplated by s124(a) is limited to the events of the dismissal, then this approach would be correct. However, s124 is couched generally and the Court should look beyond these events. This approach has been confirmed by the Court of Appeal in Waitakere City Council v Ioane2. When considering the employee’s contribution to the personal grievance, regard may be had to the relevant history of the employment relationship.

6. CAC306 v Zhou & Anor [2015] NZREADT 51 [pdf, 223 KB]

   ...penalty. We direct the Registrar to arrange a Directions Hearing between our Chairperson and the parties to timetable dealing with penalty in the usual way. [51] 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 ______________________________ Ms N Dangen Member ______________________________ Ms...

7. Rogers v Hauraki – Te Aute A1B (2015) 117 Taitokerau MB 87 (117 TTK 87) [pdf, 222 KB]

   ...provides that every order of the Court affecting title to Māori land binds all persons with an interest in the land. Further, s 77 of the Act is to the effect that an order affecting Māori land is conclusive after 10 years. There has not been any appeal or other challenge to the roadway order since it was made in 1988. I must therefore proceed on the basis that the roadway order is valid. Nevertheless, I do note in relation to the issue of notice to the owners in 1988 that, at...

8. [2013] NZEmpC 117 Morgan v Whanganui College Board of Trustees [pdf, 163 KB]

   ...7 (1992) 5 PRNZ 447. 8 (1996) 9 PRNZ 164. 9 At [38]. [33] Further, Judge Couch found that the conclusion in the City Realties case was inconsistent with a judgment of the Court of Appeal in D F Hammond Land Holdings Ltd v Elders Pastoral Ltd 10 where Hardie Boys J said: 11 The privilege attached to “without prejudice” communications is based to a large degree on considerations of public policy. It is intended t

9. CAC10056 v Ferguson [2013] NZREADT 5 [pdf, 83 KB]

   ...If the Defendant declines to make submissions on penalty or rests on written submissions we shall deal with that issue when and as we think appropriate. [58] 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 ______________________________ Ms J Robson Member ______________________________ Mr J Ga...

10. Martin - Lot 2 Deposited Plan South Auckland 26130 (2013) 59 Waikato-Maniapoto MB 154 (59 WMN 154) [pdf, 135 KB]

    ...to sell. Court: Well how does the status of the land being Māori freehold land affect your plans? Marie Martin: Because it would be... you can’t really sell Māori freehold land. [33] I take into account the comments made by the Court of Appeal in Valuer-General v Mangatu Inc.9 I accept as a general proposition that if land has Māori freehold status it will have a lower market valuation than if it was general land. I also acknowledge that there are restrictions on alienat...