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1. [2009] NZEmpC CC 10/09 Rooney Earthmoving Ltd v McTague and ors [pdf, 175 KB]

   ROONEY EARTHMOVING LTD V MCTAGUE AND ORS CHCH CC 10/09 24 August 2009 IN THE EMPLOYMENT COURT CHRISTCHURCH CC 10/09 CRC 21/07 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN ROONEY EARTHMOVING LIMITED Plaintiff AND KELVIN DOUGLAS MCTAGUE First Defendant AND CLARENCE HENRY WHITING Second Defendant AND KERRY WAYNE BARTLETT Third Defendant Hearing: 17-21 and 24-28 November, 10 and 15 December 2008 23 and 2

2. Shaw - Tauwhao Te Ngare (2005) 81 Tauranga MB 8 (81 T 8) [pdf, 3.7 MB]

   ...cure the defects in the order. Applicant Counsel argued that although the order was not signed or sealed, the failure to follow the prescribed process does not render the order invalid. Applicant Counsel relied on the authority of the Court of Appeal in Coles and Ors v Miller and Ors (CA 25-01,8 November 2001, Gault, Blanchard and Goddard JJ). The Applicant noted that the order is shown as current on the Memorial Schedule, and further argued that section 77 of the 1993 Act renders...

3. [2025] NZEmpC 69  Bread of Life Christian Church in Auckland v Chen [pdf, 431 KB]

   ...However, although he emphasised the singular nature of the Church, he also submitted that it was the Trust that acted as the employer in that it exercised power and control over Pastor Chen. [56] After the hearing was concluded, the Court of Appeal released its decision in Rasier Operations BV v E Tū Inc, and the Court gave the parties an opportunity to file further submissions in respect of that decision.13 Mr Pollak emphasised that the Court must focus on the real nature of th...

4. MLC 2019 November National Pānui [pdf, 370 KB]

   Contents: Applications for hearing in NOVEMBER | WHIRINGA-Ä-RANGI 2019: ISSN 1175 - 8120 (Print) ISSN 2463-3763 (Online) www.mäorilandcourt.govt.nz www.mäorilandonline.govt.nz NOVEMBER | WHIRINGA-Ä-RANGI 2019 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 liste

5. [2009] NZEmpC WC 29/09 Smith v Attorney-General for Commissioner of Police [pdf, 93 KB]

   ...is to be determined by law that has been superseded. First, because the dismissal took place in mid 2004 before the enactment of s103A of the Employment Relations Act 2000, the test for justification of dismissal is identified by the Court of Appeal in W & H Newspapers Ltd v Oram1. Second, the process that led to Mr Smith’s dismissal was not the more recently adopted mainstream employment law. Rather, it was the former process by which a police officer faced first a Tribuna...

6. Reweti - Part Waikoukou No 406 (2015) 96 Taitokerau MB 231 (96 TTK 231) [pdf, 259 KB]

   ...title order as a step in carrying out the arrangement they seek to enforce. 15 Tau v Ngā Whānau o Morven and Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 16 Including the Native Lands Act 1862; Native Lands Act 1865; Native Lands Act 1866; Native Lands Act 1867; Native Land Court Act 1886; Native Equitable Owners Act 1886; Native Land Court Act 1894; Native Land Act 1909; and...

7. Waaka v Harrison - Poike 14 (Waimapu Marae) (2015) 101 Waikato Maniapoto MB 216 (101 WMN 216) [pdf, 255 KB]

   ...inquiry into the marae, and that I may, amongst other things, enforce the obligations of the trustees and also remove the trustees. 16 [26] On the question of removal of trustees, pursuant to s 240 of the Act, I refer to the recent Court of Appeal decision of Rameka v Hall 17 . In that case the Court of Appeal 13 Second affidavit of Judith Wood, 27 February 2015, exhibit “B”. 14 Above n 12. 15 Hamilton – Tuahu 3X (Ere...

8. Stock v Morris - Wainui 2D2B (2012) 41 Taitokerau MB 121 (41 TTK 121) [pdf, 259 KB]

   ...Awanui a Haparapara 2B1B2 (2009) 108 Opotiki MB 255 (108 OPO 255) [Insley]. 14 Tohu – Te Horo 2B2B2B (2007) 7 Whangarei Appellate Court MB 34 (7 APWH 34) [Tohu]. 15 Bidois and others – Te Puna 154D3B2B (2008) 12 Waiariki Appellate MB 102 (12 APPEAL 102) [Bidois]. 41 Taitokerau MB 131 [33] Second, there is the related issue of whether a house that is the subject of a s 18(1)(a) order can pass by succession. This is relevant as, if I make an order in favour of Mariao, the lon...

9. [2015] NZEmpC 234 2015 AFT v BCM [pdf, 294 KB]

   ...signs the agreed terms of settlement: 1. The settlement is final and binding on and enforceable by us; and 2. except for enforcement purposes, neither of us may seek to bring those terms before the Authority or Court whether by action, appeal, and application for review, or otherwise; and 3. the terms of the settlement cannot be cancelled under section 7 of the Contractual Remedies Act 1979; and 4. that section 149(4) provides that a person who breaches an agreed t...

10. CAC 10054 v Hume [2013] NZREADT 91 [pdf, 252 KB]

    ...stated that on 25 September 2012 the Authority made enquiries with the registrar of the Wanganui District Court and received confirmation that on 30 April 2012 the defendant had been convicted on a charge of threatening to injure (since confirmed on appeal) and the conviction related to the events of 27 July 2011 described by Ms Q before us and covered above. [26] All the prosecution witnesses were carefully cross-examined by the defendant. Further Evidence for the Prosecution [27...