Search Results

1. [2007] NZEmpC AC 39A/07 Toll NZ Consolidated Ltd v Rowe [pdf, 102 KB]

   ...submitted that the interpretation of this section by the Employment Court in judgments such as Air New Zealand v Hudson Ltd1 and X v Auckland District Health Board2 have failed to give any or proper weight to the principles formulated by the Court of Appeal in Northern Distribution Union v BP Oil New Zealand Ltd3. She submitted these principles require the Court to determine objectively whether the conduct of the employee, as found by the employer on a full and fair investigation,...

2. [2020] NZEnvC 189 Weston Lea Limited v Hamilton City Council [pdf, 10 MB]

   ...extensively including issues relating to Long Tail Bats, decided that a consent could be granted subject to relatively stringent conditions. They adopted an adaptive management regime for the Bat provisions. Only this aspect of the decision was appealed. The Appeals [7] Both Appellants , DOC and Weston Lea do not appeal the Decision as a whole. Both have explicitly targeted their appeals to terms and conditions of the consent relating to the habitat and protection of the Long Tail...

3. Waitangi Tribunal theme Q - Inland waterways - lakes [pdf, 2.3 MB]

   ...to Maori 207; The nature of Maori rights in Lake Omapere 210; Early moves to drain Lake Omapere, 1900–10 211; 1910–22: Maori and Pakeha agitation 214; Early Native Land Court action 223; The 1929 inquiry of the Native Land Court 225; The Crown’s appeal and other Native Land Court proceedings 239; The 1970s 243; Conclusion 246 Chapter 8: Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 Introduction 249; Maori,...

4. [2011] NZEmpC 61 Tatua Co-Op Dairy Co Ltd v NZ Dairy Workers Union [pdf, 141 KB]

   ...the following passages from New Zealand Meat Workers Union of Aotearoa Inc v AFFCO New Zealand Ltd 6 which I adopt and will endeavour to apply. [28] In Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc the Court of Appeal affirmed the approach adopted in that case by Judge Shaw to the interpretation of a collective employment 6 [2011] NZEmpC 32. agreement, describing it as “conventional and appropr...

5. [2012] NZEmpC 220 Matsuoka v LSG Sky Chefs NZ [pdf, 130 KB]

   ...10 See [23] above. [30] Mr Towner’s submissions concentrated on what he alleged was the unlawfulness of LSG’s position in not accepting Mr Matsuoka’s transfer of employment. In Air New Zealand Ltd v Johnston 11 the Court of Appeal dealt with an appeal against a decision of the Labour Court which had taken into account the strong attitude of the appellant company against the reinstatement of Mr Johnston as an element that could be taken into account in assessing c...

6. Penalty CAC 10020 v McDonald [2014] NZREADT 29 [pdf, 141 KB]

   ...for the file to be closed. As the licensee had already received his commission, there was no question of the document being used in any direct way for financial advantage. [44] Initially Mr Kumandan had his licence cancelled by this Tribunal. He appealed to the High Court and was successful, but only on the grounds that the character test under the 1976 Act had not been applied. The question of penalty was remitted to the Tribunal which, accordingly, considered penalty again and this...

7. Māori Trustee v Keech - Ngatitanewai 25B1 and Sub 25B No.2 (2010) 257 Aotea MB 42 (257 AOT 42) [pdf, 113 KB]

   ...made. Compensation was paid by the Māori Trustee and an application was made to charge the land for the outstanding debt and to appoint a receiver who would lease the land to recover the charge. The trustees opposed the application and then appealed the decision, accusing the Māori Trustee of acting beyond his fiduciary obligations and statutory authority. The appeal was dismissed. [49] In Pairama – Te Akau B16 B (2004) a lease granted in 1954 for 42 years was considered.9...

8. [2016] NZEmpC 86 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 182 KB]

   ...that disclosure of documents ought not to be required if that would tend to incriminate the party who possesses them. [15] In Jetconnect the Court was reinforced in its conclusion by reference to an earlier case decided by the Employment Court on appeal from the Employment Tribunal under the Employment Contracts Act 1991, which contained a materially identical provision. 7 In that case, Lakeland Health Ltd v Teviotdale, the Court held that the regulation: 8 . . . provides tha...

9. Māori Land Court Minute Book Referencing [pdf, 470 KB]

   ...Court and Māori Appellate Court DJMA Presidents Appellate APPR Appellate APPWM Tokerau Appellate APTOK Waiariki Waiariki Appellate AP Rotorua Appellate APRO Urewera Appellate APURE Tairāwhiti Gisborne Appellate APGS Tākitimu Appeals and Rehearings APRHIK Appellate Court APT Napier Appellate APPNA Takitimu Appellate ACTK Wairarapa Appellate APAWA Aotea Appellate WGAP Ikaroa Appellate APIK National Office Appellate APP Otaki Appellate APOT We...

10. [2020] NZIACDT 28 - XA v Hill (29 June 2020) [pdf, 208 KB]

    ...employment. The information provided as to her work from April 2015 to April 2017 in the provincial city was false. The complainant had therefore provided false and misleading information, contrary to the immigration instructions. [14] The complainant appealed the decline of residence to the Immigration and Protection Tribunal (IPT), which dismissed the appeal. [15] A complaint against Ms Hill was made to the Immigration Advisers Authority (the Authority) by the complainant in Feb...