Search Results

1. [2015] NZEmpC 155 Zonneveld (Labour Inspector) v Maudaara Limited [pdf, 80 KB]

   ...leave has been served on Maudaara Limited; it has taken no steps to oppose the application. [3] The proposed challenge relates to a determination of the Employment Relations Authority (the Authority) dated 17 July 2015. 1 [4] The applicant had requested the Authority to conclude that the respondent employer had exacted a premium from one of its employees, so that a penalty should 1 Zonneveld v Maudaara Ltd [2015] NZERA Christchur...

2. DJ v VQ Ltd [2016] NZDT 897 (12 February 2016) [pdf, 22 KB]

   ...seed was sprayed - this was entirely up to DJ and of course, how well a lawn grows once grass seed has been applied is largely down to the care it receives in terms of watering. [8] DJ has provided evidence to show that he watered the lawn in the form of a letter from a friend from whom he borrowed a hose, water bills for three months, weather information from the internet (to show no unusual weather patterns during this period) and a time sheet from his employer showing his start t...

3. [2009] NZEmpC CC 18/09 Grey v Director-General of Conservation [pdf, 34 KB]

   ...September the defendant received legal advice from his agent, Mr Corkill QC. This provided some analysis of the alleged conflict. This opinion was withheld from the plaintiff in breach of s4 of the Act and despite the plaintiff’s repeated requests for more information and the defendant’s repeated view that the plaintiff did not seem to understand the “fundamental conflict” that the defendant was alleging existed. 71. The advice from the defendant’s agent Mr Corkil...

4. [2010] NZEmpc 98 Marshment v Sheppard Industries Ltd [pdf, 81 KB]

   ...of its investigation meeting, it nevertheless had ample opportunity to seek to do so on this challenge by hearing de novo, but did not. [11] The e-mails or other written communications are not complete records because material that formed part of them is considered by the defendant to be so secret that it cannot be disclosed to Mr Marshment’s counsel in this case. [12] Finally, the submissions to be made by the plaintiff were said by Mr Allan to contain numerous and re...

5. Donnelly v Tuala Rongohaere Marae (2007) 78 Ruatoria MB 55 (78 RUA 55) [pdf, 267 KB]

   ...as well as making them fail in their duties to be responsible, for the asset the marae. Any potential liabilities like this grant which they may acquire. When confronted with these issues the trustees simply failed to turn up to the meetings requested by myself, and advised others not to bother to attend. They continued on their merry way. It is clear that there is some support in the Court for the organised meeting for the trustees to continue. No doubt the Court will take tha...

6. ME & NN v QU Ltd [2021] NZDT 1494 (5 May 2021) [pdf, 200 KB]

   ...contract between NN and ME and QU, was the contract frustrated? CI0301_CIV_DCDT_Order Page 2 of 5 c) Is QU liable to refund the balance of $4,000.00 and should it be allowed to retain an amount to cover expenses incurred for the purpose of performing the contract? As regards the [package] tour, did QU contract with NN and ME on its own behalf, or as an agent for a supplier? 6. Agency is a relationship which arises when one person (the principal) authorises another person (...

7. [2013] NZEmpC 109 Baker v St John Central Regional Trust Board [pdf, 155 KB]

   ...cited any authority in support of this aspect of the application. [19] In Lee v Minor Developments Ltd t/a Before Six Childcare Centre 12 Judge Shaw said that: [16] In Simpson v BB’s New Zealand Ltd 13 the High Court agreed that a request for costs of a judicial settlement conference was novel. It noted that such conferences are not included in the schedule of costs in the High Court Rules and held that this was a deliberate policy to encourage parties to attend and par...

8. Deputy Registrar - Lot 1 DP 17494 Part Section 2345 New Plymouth (old Railway Station) (2017) 374 Aotea MB 81 (374 AOT 81) [pdf, 277 KB]

   ...copies of the last three annual general meeting minutes. [4] In addition, the trustees will provide a response in their report to the allegations that are now in the public domain concerning the trust and its funds. The report and the documents requested should be filed with the Registrar on or before 1pm 31 July 2017. [5] The trustees will also furnish within 14 days from the date of this direction copies of the minutes of their last 12 months of trustee meetings. [6] The tr...

9. [2010] NZEmpC 80 Willis v Fonterra Cooperative Group Ltd [pdf, 84 KB]

   ...mislead as to the consequences of the warning which he had initially accepted on the basis of what he had been told at the time by Mr Purser as to the policy affecting all employees. [5] There is an email trail which shows repeated requests from the plaintiff after 21 September 2007 for Mr Purser to deal with his concerns and his requests for a formal meeting, Mr Purser replied on 3 October 2007 that he was sorry if the plaintiff felt aggrieved. In spite of those reques...

10. [2021] NZACC 151 - Estate of Carl Snyman (30 September 2021) [pdf, 275 KB]

    ...from Dr Snyman’s GP, Dr Donohue, dated 12 May 2015; and ▪ Reports from Dr Fraser Burling (Rheumatologist) dated 2 February, 10 February and 3 March 2015. 15 March 2015 ACC writes to Dr Snyman advising that it has insufficient information to determine whether he is entitled to weekly compensation and requires him to agree to undergo a urine provocation test for heavy metals. ACC notes that it will decline Dr Snyman’s request for entitlements if he does not con...