Search Results

1. [2021] NZEmpC 80 Butler v Ohope Chartered Club Inc [pdf, 244 KB]

   ...ordinary time remuneration”.18 Section 128(2) does not mean, however, that the Court must order three months’ ordinary time remuneration. [23] The way this compensation is fixed was explained in Ioane and in an earlier decision of the Court of Appeal: Telecom New Zealand Ltd v Nutter.19 While Ioane was about contributory conduct, the judgment of William Young J made comments about the correct approach to determining compensation in cases where dismissal is held to have been...

2. XN v Ji [2019] NZIACDT 49 (19 July 2019) [pdf, 176 KB]

   ...or Globe, as he did not do that.3 [12] There exists in the supporting documents sent to the Tribunal a copy of Immigration New Zealand’s decline letter dated 12 July 2016. This was the version of the letter sent to the complainant. [13] An appeal against the decline of residence was filed in the Immigration and Protection Tribunal (IPT) by the complainant’s new counsel, Mr Chen, on 19 August 2016. The IPT advised Mr Chen on 23 August 2016 that it was not lodged in time and c...

3. [2019] NZEmpC 195 The Chief Executive of the Department of Corrections v JCE [pdf, 377 KB]

   ...Court held that it had jurisdiction for several reasons including by reference to the High Court Rules via reg 6. [21] The short point is that r 15.1 of the High Court Rules has been used previously without criticism. Furthermore, the Court of Appeal in New Zealand Fire Service Commission v New Zealand Professional Firefighters Union Inc commented that there was no reason for this Court to approach strike out applications on any basis other than that applying in the High Court....

4. Manaena-Biddle v Biddle-Bassett - Te Atuareretahi (2019) 223 Waiariki MB 182 (223 WAR 182) [pdf, 159 KB]

   ...or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [30] The leading authority on the removal of trustees is the judgment Rameka v Hall.6 The Court of Appeal identified a two-staged test for the removal of trustees. Firstly, it must be satisfied that the trustees have failed to carry out their duties satisfactorily. Secondly, if there are findings of unsatisfactory conduct, then the Court m...

5. LCRO 195/2016 AJR v BKT (29 October 2018) [pdf, 159 KB]

   ...scope of review [34] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

6. Calculating the costs and revenues of the alcohol licensing system - October-2018 [pdf, 334 KB]

   ...Generally, licence application fees are intended to cover the costs associated with processing licence applications (Regulation 19(1)(a) activities). These include the TA’s costs of assessing and making decisions on such licences and any appeals that go to the Alcohol Regulatory and Licensing Authority (ARLA). Annual licence fees Annual fees are generally intended to cover the costs of monitoring and enforcement of licence holders throughout the life cycle of the licenc...

7. Broughton - Kahurangi Trust (2021) 434 Aotea MB 131 (434 AOT 131) [pdf, 262 KB]

   ...details of the trust. Even so, where justified, aspects of operational management may require review, especially where there is an apprehension of risk to the assets of the trust or a serious allegation requiring inquiry.12 [23] The Court of Appeal decision Rameka v Hall is another important authority regarding the review of trusts, the enforcement of obligations of trust and the removal and replacement of trustees.13 That decision emphasised that, while their will invariably be...

8. LCRO 224/2020 & LCRO 230/2020 EZ v MQ and MQ v EZ (19 May 2021) [pdf, 181 KB]

   ...scope of review [23] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

9. [2023] NZEmpC 64 Whangamata Golf Club Inc v Harwood [pdf, 261 KB]

   ...third parties; (e) the novelty and importance of questions involved in the case; (f) the public interest in the proceeding; and (g) the overall balance of convenience. [10] In Bathurst Resources Ltd v L & M Cole Holdings Ltd, the Court of Appeal referred to applications of this kind.6 It noted that the restraint of such orders should be the least necessary to preserve the losing party’s position against the prospect of the appeal succeeding. In the case of a money judgmen...

10. [2022] NZEmpC 115 Kowhai Intermediate School Board of Trustees [pdf, 239 KB]

    ...good faith; (c) the effect on third parties; (d) the novelty and importance of questions involved in the case; (e) the public interest in the proceeding; and (f) the overall balance of convenience. [19] Reference was made to the Court of Appeal’s judgment as to stay in Bathurst Resources Ltd v L & M Cole Holdings Ltd.6 There, it was noted that the restraint of orders should be the least necessary to preserve the losing party’s position against the prospect of the appe...