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1. [2007] NZEmpC WC 29/07 Hawkins v Commissioner of Police [pdf, 91 KB]

   ...discharged under s347 of the Crimes Act 1961 2 years later. Mr Brosnahan then wrote a detailed letter on 7 November 2003 to Russell Gibson, human resources manager, who had taken over from District Commander Lammas, in which he provided the details requested in 2001 and specified the remedies sought including reinstatement. [12] The parties then attended mediation which was unsuccessful and Mr Hawkins commenced proceedings in the Employment Relations Authority. The first...

2. Ram v Tan [2016] NZIACDT 39 (9 August 2016) [pdf, 207 KB]

   ...Mr Tan accepted instructions to assist the complainant to deal with his immigration affairs after his colleague Ms Aasa had been representing the complainant. [2] There is no dispute that Ms Aasa represented the complainant poorly and failed to inform him of what had happened. Mr Tan was engaged in the instructions from an early stage, as he personally met with the complainant when Ms Aasa first accepted instructions. However, this was in his capacity as a proprietor of the practice. He w...

3. International Covenant on Civil and Political Rights - government reply to issues 6th report [pdf, 624 KB]

   ...and Political Rights Contents Introduction ................................................................................................................................ 1 General information on the national human rights situation, including new measures and developments relating to the implementation of the Covenant (Issues one to three) ................ 2 Key judgments on Covenant rights ..................................

4. Mullen - Hongoeka 4A (2006) 176 Aotea MB 191 (176 AOT 191) [pdf, 3.5 MB]

   ...the Mullen application for access I have relied on assurances from Mrs Ashton and her brothers that they do not intend to sell Hongoeka 4A now or in the foreseeable future. Indeed, they emphatically denied that possibility and stressed that the request for access was to enable the family to enjoy their lands and build for themselves. While I appreciate that over time priorities and needs can alter, nonetheless it must be underscored that the access now granted is specific to the cur...

5. LCRO 243/2013 ZAA v YBC (27 June 2017) [pdf, 267 KB]

   ...expression in “dollar terms” and not an “indicative” value. The intention was that the party who purchased VDE, which did not have a goodwill value recorded in its accounts, would receive a fair share of the $380,000 goodwill figure.14 He claims that neither he nor Mr UEF would have sold their respective interests for the goodwill figure of $119,216 which was included in the formula devised by Mr YBC and the accountant. 12...

6. [2013] NZEmpC 139 NZ Post Primary Teachers’ Assn v Secretary for Education [pdf, 251 KB]

   ...amended prayer for relief (in the expectation that the amendment would narrow the issues to be resolved) as well as a joint memorandum signed by both counsel identifying the specific interpretation issues which were no longer in dispute. [3] The requested documents were filed after the evidence had been heard and shortly before the day scheduled for the presentation of closing submissions. The joint memorandum signed by both counsel listed six matters of interpretation upon which...

7. [2010] NZEmpC 6 Ora Ltd v Kirkley [pdf, 44 KB]

   ...submissions did not address the quantum of the costs he was seeking in either jurisdiction. From the exchange I had with counsel, Mr Brant sought to have costs reserved so there would be a final opportunity for the plaintiff to respond to Mrs Kirkley’s claims in that regard. There was a further complication in that costs were awarded against Mrs Kirkley in the High Court, a matter with which I cannot deal, but that may be addressed in the submissions. These submissions shoul...

8. [2012] NZEmpC 124 Allen v C3 Ltd [pdf, 256 KB]

   ...lieu, noting this on his timesheet. Unbeknownst to Mr Allen his immediate manager went to see Mr Payne (the Manager of Stevedoring and General Cargo at Mt Maunganui wharves). Mr Payne instructed the payroll officer to twink out the half hour claimed for, and to disallow the day in lieu request. None of this was discussed with Mr Allen or otherwise communicated to him. Mr Payne accepted that, in hindsight, it may have been preferable to have done so. [11] It became apparent t...

9. Maruera v Te Runanga o Ngati Maru Taranaki Trust [2020] Chief Judge's MB 965 (2020 CJ 965) [pdf, 500 KB]

   ...continuing inability of Ngāti Maru to establish a more permanent representative entity for the iwi. [3] At the last hearing of these matters the chairman of the trust, Mr Jan Matuku, on behalf of himself and the majority of the trustees of the trust requested that I appoint counsel to assist them prosecute an application for the establishment of a whenua tōpu trust as a representative entity for the tribe. [4] I now appoint Nathan Milner, solicitor of Wellington, per sections...

10. Auckland Standards Committees 3 and 4 v Banbrook [2017] NZLCDT 35 [pdf, 404 KB]

    ...could attend the appeal hearings. Despite this, there is no evidence to suggest that the Practitioner filed an appeal. The Complainant sent the Practitioner a number of emails between 1 August and 6 December 2016 relating to the appeal, eventually requesting a refund of fees, which she never received. (f) He did not maintain regular contact with the complainant and/or respond to enquiries from her in a timely manner Following her payment of $4,000 in around July 2016 to act for...