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1. [2006] NZEmpC AC 39/06 Epic Packaging Ltd v NZ Amalgamated Engineering Printing & Manufacturing Union [pdf, 123 KB]

   ...“to build productive employment relationships through the promotion of good faith in all aspects of the employment environment and of the employment relationship”. This is to be achieved both “by promoting collective bargaining” and “by protecting the integrity of individual choice”. [34] Employment relationships, as defined in s4(2), can include those between multiple unions and multiple employers. [35] The two objects of promoting collective bargaining and protect...

2. Inia v Julian [2019] Māori Appellate Court MB 333 (2019 APPEAL 333) [pdf, 441 KB]

   ...1993 was filed by Tui Kuikaha Julian, a child of the deceased to, in effect, have the disinherited uri restored as owners of her lands. Mrs Julian argued that Judge Hingston failed to consider the rights of the disinherited children under family protection legislation and that, as the judge had acted for the estate of the deceased’s husband, he should have recused himself because of a perception of bias. On 3 September 2018 Deputy Chief Judge Fox, while rejecting several of the ar...

3. [2024] NZEnvC 091 Crafar v Taupo District Council [pdf, 355 KB]

   ...National Policy Statements relevant to this Project are those on highly productive land, freshwater management, renewable electricity generation and electricity transmission. NPS-HPL [77] The NPS-HPL seeks to ensure that highly productive land is protected for use in land-based primary production, both now and for future generations, and applies to all land within a rural zone and that is identified as being Land Use Capability (LUC) Classes 1 to 3. [78] The Council submitted...

4. [2013] NZEmpC 234 Gazeley v Oceania Group (NZ) Ltd [pdf, 320 KB]

   ...DHB) to audit Woodlands, carried out a spot surveillance audit on the facility. This was critical of Mrs Gazeley’s management of Woodlands. The following day, the DHB exercised its powers under art 22.2 of the Age-related Residential Care Services Agreement to place Woodlands under temporary management. [4] Mrs Gazeley was on annual leave when these events occurred. When she returned from leave she was suspended without notice from her employment. Oceania then comm...

5. [2024] NZEnvC 133 New Zealand Transport Agency - Waka Kotahi [pdf, 1.9 MB]

   ...Tū ai te whenua, Tū ai te Wai (elevate the status of the people, land and water). The Project tikanga/values are: (a) Te Tiriti (spirit of partnership); (b) Rangātiratanga (leadership – professionalism – excellence); (c) Ūkaipotanga (care – constructive behaviour towards each other); (d) Pūkengatanga (mutual respect); (e) Manaakitanga (generosity – acknowledgement – hospitality); (f) Kaitiakitanga (environmental stewardship); (g) Whanaungatanga (belonging – te...

6. Quin v REAA & Knaptondocx [2012] NZREADT 13 [pdf, 221 KB]

   ...in the current case, gave evidence that they would not have. [34] Also, Harvey Corporation v Barker was a case involving s.43 of the Fair Trading Act 1986 (FTA) which regime expressly requires loss to be shown. The FTA is important consumer protection legislation, and cases decided under it will often provide useful guidance in this Tribunal. However, it is always necessary to apply the wording of the particular statutory provisions in issue. The FTA has a general status but the...

7. H & Anor v CAC 20004 & Anor [2014] NZREADT 58 [pdf, 112 KB]

   ...performance of real estate agency work." [22] Key to achieving this purpose are the rules of professional conduct made under the Act. When this conduct took place in 2011, a number of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 in force imposed duties on licensees in respect of disclosure when marketing property for sale. The extent of those duties have been discussed and clarified in a number of our decisions, which counsel for the Authority analy...

8. Ellis — Matapihi No 1 B No 2C No 2D (2010) 2010 Chief Judge’s MB 25 (2010 CJ 25) [pdf, 124 KB]

   ...is that the Court could and should have transferred the shares to Matiu Ellis as trustee for the shares. This would have allowed Matiu Ellis to use the shares for security, as he would be shown as the legal owner. At the same time it would have protected the interests of Christina Ellis in the shares, and the Court would have been alerted to the need to notify Christina Ellis of later applications. Under section 44 of Te Ture Whenua Māori Act 1993 if the Chief Judge is satisfied tha...

9. [2011] NZLCDT 9 Canterbury Standards Committee v X [pdf, 197 KB]

   ...his personal capacity for the separate work undertaken for Mr S by the respondent), as required by R8(2). Accordingly, the respondent said, he had breached neither R.8 nor S.89. [13] At this point we should note that S.89 appears directed at protection of client money by ensuring it is held in a trust account entirely for the benefit of the person for whom it is received, and is to be paid to that person or as that person directs, so that it is 4 unassailable by a solicitor...

10. Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 Manu Ariki Marae [2013] Māori Appellate Court 528 (2013 APPEAL 528) [pdf, 266 KB]

    ...(j) Finding that the title of the respondent to the underlying ownership of the blocks is not impugned by reason of the purported alienation of the reservation. 2013 Maori Appellate Court 536 (k) Finding that the respondent’s title is protected if it relies on the actions of its lawyer in effecting the transfer. (l) Finding that the respondent received indefeasible title with respect to the blocks. Submissions for the appellants [21] Counsel for the appellants, Ms Wara,...