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1. [2017] NZEmpC 45 Ports of Auckland Ltd v Findlay [pdf, 125 KB]

   ...pause to note that Mr Gibson disputes having elevated the original complaint to a “death threat”. Nor is his original letter setting out the allegations crafted in this way. [19] I return to the “death threat” allegation below, as it formed a significant part of the case before the Authority and the company’s position in respect of it developed before this Court; and because it is relevant to an assessment of the application on the de novo challenge. [20] The 21 De...

2. Koning v Smith - Matapihi 1A 3D 4C 1 Block (2011) 18 Waikato Maniapoto MB 220 (18 WMN 220) [pdf, 209 KB]

   ...jurisdiction: … (d) To hear and determine any proceeding founded on contract or on tort where the debt, demand, or damage relates to Maori freehold land: … [33] The proceedings in this case are based upon a mortgage. A mortgage is a form of real security. If a borrower becomes insolvent the lender may exercise his or her rights over the property secured. A mortgage is a class of real security granted in the form of a contract. 4 Thus the proceedings are clearly founded...

3. National Standards Committee v Orlov [2013] NZLCDT 45 [pdf, 390 KB]

   ...or attempts to keep separate the current charges faced by the practitioner. [3] Following service of the charges on him in May 2011, Mr Orlov had filed a Protest as to Jurisdiction and declined to file a “Response to Charge” in the proper form. This response is required to be filed within 10 working days of service pursuant to Regulation 7. Mr Orlov ultimately filed this document, after a final direction from the Tribunal, in February 2013. The response repeated the Protest t...

4. RX v KL LCRO 31/2014 [pdf, 137 KB]

   ...Committee at first instance on review. It would be inappropriate for this Office to do so. [35] In the circumstances, there are good reasons to modify the decision by deleting paragraphs [69] to [71] and the subheading “Other Matters”. Request for reimbursement [36] Section 210(2)(a) of the Act provides for a LCRO to order NZLS to pay costs to a lawyer, such as Miss RX, to whom proceedings relate. [37] I have considered Miss RX’s request for reimbursement with that po...

5. IG, JX, KX c/-XG Trust v SI [2018] NZDT 1482 (27 August 2018) [pdf, 151 KB]

   ...finishing so that she could give the subtenants at least a month’s notice. The parties then signed the lease renewal. 14. After the work started, it became clear that it could not be restricted to after-hours, and a rent reduction was agreed. SI informed the trustees that most of the therapists would be moving out for four weeks, and emphasised the importance of renovations being completed before everyone returned, “so we definitely need plenty of notice if the renovations are not co...

6. [2016] NZSSAA 034 (28 April 2016) [pdf, 34 KB]

   ...is fully aware of the decision process. [7] Following receipt of the submission from the Authority the Chief Executive’s response was referred to the appellant’s advocate and further information was sought about the matter. An explanation was requested as to why there was no follow up on the Benefits Review Committee decision before February 2015 and a submission about the prospects of success requested. [8] In a response dated 25 September 2015 Mr Ellis has advised that:...

7. [2007] NZEmpC CC 21/07 Gorrie Fuel (SI) Ltd v Gittoes [pdf, 108 KB]

   ...that assists in the efficient day to day operation of the service station. [10] The rate of pay for the position was recorded as $23.50 per hour. The agreement also provided: Hours of Work. The position is that of an on-call employee to perform work as and when requested by the employer. Hours so worked shall be paid at the rate above, for each hour worked, with a minimum payment of one hour. The hours of work to be worked are between the hours of 6.00am and 11.00pm Monday to Su...

8. [2021] NZACC 50 - Astle v ACC (17 March 2021) [pdf, 224 KB]

   ...with some subarticular stenosis at L4/5. In summary: I think in the first instance Adele would benefit from some continued core strengthening exercises. We will trial some medial branch blocks and if this is successful we can progress onto requesting some nerve ablation type treatments for the anterior rami. The chances of this being successful I think are at least moderate and the more definitive type of management for this problem would involve an L3/4 and L4/5 anterior lumb...

9. [2009] NZEmpC WC 26/09 Parker v Silver Fern Farms Ltd [pdf, 47 KB]

   ...February 2009 (WA 12/09). Although it accepts that the applicant may have disagreed strongly with the Authority’s determination and taken steps after it was issued to have it challenged, he did not either notify the respondent or lodge a pro forma challenge with the Court within time as he could easily have done. [10] The respondent relies on the reasoning in a judgment of this Court, An Employee v An Employer1. In that case the applicant took no steps after receiving the Auth...

10. Paniora v Kereopa - Waipoua 2B3D2A2A and Waipoua 2B3D2A2B2C (2015) 99 Taitokerau MB 227 (99 TTK 227) [pdf, 568 KB]

    ...Paati’s half share in Waipoua 2B3D2A2 (i.e. a 2/6 th share). This would result in Toa Paati being the sole owner of Waipoua 2B3A1A and Te Ataarangi Paniora having 5/6 ths and Toa Paati a 1/6 th share of Waipoua 2B3D2A2. Te Ataarangi Paniora requested time to talk over the proposed arrangement with Toa Paati. The application was adjourned to 29 November 1945 for that discussion to take place. [18] The Court sat at Waipoua on 29 November 1945. 13 Te Atarangi Paniora and To...