Search Results

1. [2011] NZEmpC 57 Wade v Hume Pack-N-Cool Ltd [pdf, 113 KB]

   ...determination dated 20 November 2009 which concluded: The Standards Committee has considered the complaint and has decided to take no action on it, for the following reasons: 1. The complainant alleged that the practitioner should have continued the appeal proceedings but the practitioner maintains, and this is supported by a perusal of his file, that the complainant clearly instructed he wished to discontinue the appeal proceedings on the basis that costs would not be sought...

2. [2011] NZEmpC 32 New Zealand Meat Workers Union of Aotearoa Inc v AFFCO NZ Ltd [pdf, 139 KB]

   ...breach of s 9(1)(a) of the Act which prohibits any preference in obtaining or retaining employment. Construction of the seniority clause [28] In Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc 8 the Court of Appeal affirmed the approach adopted in that case by Judge Shaw to the interpretation of a collective employment agreement, describing it as “conventional and appropriate”. 9 The Court of Appeal recorded that in her approach to the inter...

3. [2006] NZEmpC AC 73/06 CE Bay of Plenty DHB v NZ PSA [pdf, 75 KB]

   ...the action by some payment. If the offer is not accepted the letter is intended to be produced after the Court has dealt with the merits of the case but before it has dealt with costs. Reference was also placed on the decision of the Court of Appeal in Health Waikato Ltd v Van der Sluis [1997] 1 ERNZ 236 which observed that the Calderbank discretion is a broad one which can encompass total figures comprising both compensation and costs. [33] The Board referred to Regulation 68 o...

4. [2013] NZEmpC 30 Looker v AG Walter & Sons Ltd [pdf, 119 KB]

   ...right to an extension of time which would defeat the purpose of the rules which is to provide a time table for the conduct of litigation. [12] I also have regard to the general principle summarised by Richmond J in Avery v No 2 Public Service Appeal Board [1973] 2 NZLR 86 at 91: When once an appellant allows the time for appealing to go by then his position suffers a radical change. Whereas previously he was in a position to appeal as of right, he now becomes an applicant for a g...

5. [2015] NZEmpC 228 NZ Meat Workers Union Inc v South Pacific Meats Ltd and Talley [pdf, 177 KB]

   ...judgment in the more pertinent case in which there had arisen a claim to privilege on grounds of self-incrimination, Taranaki Co-operative Dairy Co Ltd v Rowe. 5 Contrary to the approach adopted in Carter Holt Harvey Holdings, the Court of Appeal in Rowe’s case indicated that the Court could exercise a supervisory and inspectorial role, at least in relation to documents in which privilege against self- incrimination was asserted. Affirming the right to assert privilege against s...

6. Legal aid - limited approvals Operational Policy & application form draft [pdf, 888 KB]

   ...Act 2014 resulting from or related to a criminal case they have acted on; or − judicial review proceedings related to a criminal case they have acted on. DRAFT 6 • where the applicant has an existing approval and requires a Court of Appeal and Supreme Court lead provider approval for attendance for an appeal against a pre-trial ruling to be heard in the Court of Appeal; • where the applicant has been assigned to represent a client in a criminal matter and the provider...

7. Robinson v CAC 20006 & Wagner [2014] NZREADT 57 [pdf, 62 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 57 READT 065/13 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN RODERICK ROBINSON of Pukekohe, Auckland, Real Estate Salesperson Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 20006) First Respondent AND DR YVONNE WAGNER of Auckland, Complainant Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger -...

8. Eriha v Munro - Kairakau Lands Trust (2014) 32 Takitimu MB 84 (32 TKT 84) [pdf, 206 KB]

   ...sufficient degree of support for termination among the beneficiaries. [12] It is well settled that this Court’s supervisory powers in relation to trusts are extensive. In Proprietors of Mangakino Township v Māori Land Court the Court of Appeal commented: 4 [21] In carrying out a general review of this kind the Court ought to concentrate on the broader picture and not become drawn into matters of detail, but it is in our view impossible to see any bright line between ma...

9. S v J LCRO 5 / 2008 (13 February 2009) [pdf, 39 KB]

   ...sufficient personal interest in the subject matter of the complaint. [13] Section 138(1)(f) of the Act provides that the Committee may resolve to take no further action where “there is in all the circumstances an adequate remedy or right of appeal … that it would be reasonable for the person aggrieved to exercise”. The Committee in its decision appeared to conclude that because Client S’s son had not elected to maintain his application to vacate his plea (or make a further...

10. [2011] NZEmpC 172 [pdf, 118 KB]

    ...is the determination that the recommendation was not accepted and, therefore, that the Authority should continue to investigate the grievance and issue a determination. [21] Sections 179(5) and 188(4) were the subject of review by the Court of Appeal in Employment Relations Authority v Rawlings. 2 In that case, on appeal from judicial review proceedings in the Employment Court, the Authority had given a written direction that the applicant‟s statement of problem would be treated...