Search Results

1. [2020] NZEmpC 43 A Labour Inspector v Matangi Berry Farm Ltd [pdf, 423 KB]

   ...total arrears of holiday pay, minimum wages, public holiday pay and 8% of the minimum wage and public holiday pay figure of 89 workers post 1 April 2016. The hearing as to penalties [10] Prior to the hearing, the parties submitted evidence in the form of an agreed summary of facts, an affidavit from the Labour Inspector, an affidavit from Mr Jiang, and a comprehensive bundle of documents. It was agreed that there was no need for cross-examination. [11] So as to set the scene...

2. Wellington v MacDonald - Te Maika B4 Residue (2008) 129 Whangarei MB 258 (129 WH 258) [pdf, 6.1 MB]

   ...and gifted it to Rose. She built a house on the land and in 1992 so ld the propelty to Mr and Mrs Chester. This is the propelty in Celtificate of Title 358175l. Rose 129 Whangarei MB 261 maintains that the section was sold at her father 's request and that he received a substantial propottion of the sale proceeds. [13] On 13 September 1988 the COlllt made orders pat1itioning Te Maika B into Te Maika B1, Te Maika B2, Te Maika B3 and Te Maika B4. Te Maika Bl was an area of 1,...

3. Litchfield and Anor v The Country Cottage Co Limited [2011] NZWHT Auckland 33 [pdf, 103 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2011-100-000012 [2011] NZWHT AUCKLAND 33 BETWEEN MARIE LITCHFIELD AND GRAHAM WELLS Claimants AND THE COUNTRY COTTAGE CO LIMITED First Respondent AND AUCKLAND COUNCIL Second Respondent AND WILLIAM GEORGE TUNNICLIFFE (Removed) Third Respondent AND BLAIR ALEXANDER MELVIN (Removed) Fourth Respondent Hearing: 16 June 2011 Decision: 4 July 2011 PARTIAL DETERMINATION ON LIMITATION ISSUES Adjudicator: P

4. Mitchell v Accident Compensation Corporation [2019] NZHRRT 29 [pdf, 206 KB]

   ...course of visits to potential work places arranged by ACC, he is accompanied by two security guards. Mr Mitchell finds this demeaning and humiliating. He also considers that this ensures he has no chance of being employed. [17] In late 2012, ACC requested a clinical psychologist, Thomas Neser, to provide a psychological assessment of Mr Mitchell. Mr Neser had previously been employed by ACC between 2008 and 2011 for approximately eight hours a week working in the ACC Sensitive Claims...

5. [2024] NZEmpC 64 Joyce v Ultimate Siteworks Ltd [pdf, 250 KB]

   ...calculation. We require that the ute is returned immediately by close of business as this is company property. We are entitled to require the immediate return of the ute per your employment agreement (even if you have not resigned) and have already requested this. Failure to return the ute is a Police matter and will be dealt with accordingly. [21] Mr Joyce responded by text, saying “But I haven’t resigned” and in another “being told your fired or not to come back is p...

6. [2014] NZEmpC 71 Gazeley v Oceania Group NZ Ltd [pdf, 81 KB]

   ...all of the circumstances prevailing, to order her interim reinstatement. [7] Ms Dunn, counsel for the defendant, in her submissions on costs, has raised an issue as to whether Mrs Gazeley has in fact actually incurred costs to the extent now claimed by her. This is based on the fact that during the course of interlocutory matters and in view of Mrs Gazeley’s precarious financial position, the levying of fees by Ms Sharma was being held in abeyance. The substantial portion of the...

7. AFJ Ltd v ZUM [2013] NZDT 305 (20 September 2013) [pdf, 53 KB]

   ...either dead from injuries or had been euthanised by KL before the vet attended because of the injuries to their necks and faces. [4] Following the incident, ZUM came to AFJ Ltd to collect his wounded dog which Mr KL then put down at ZUM’s request. ZUM asked that his father be allowed to take the other dog to a vet to be euthanised as it was a family pet. Mr KL agreed and the vet has subsequently confirmed that the other dog has been euthanised. [5] Both ZUM and his father...

8. Wilton TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 [pdf, 629 KB]

   ...AND DEANE FLUIT BUILDER LTD First Respondent AND TAB DESIGN LTD (Removed) Second Respondent AND TILING SOLUTIONS WANAKA LTD Third Respondent AND QUEENSTOWN LAKES DISTRICT COUNCIL Fourth Respondent AND HEMPEL (WATTYL) NEW ZEALAND LTD formally called VALSPAR PAINT (NZ) Ltd Fifth Respondent AND WILTON JOUBERT LTD Sixth Respondent Hearing: 22–26 May 2023 Closing submissions: Claimants 21 June 2023 Fourth respondent’s cross claim closings 28 June 2023 Respondents...

9. Paki - Te Matai Kawana Whanau Trust (2004) 140 Aotea MB 290 (140 AOT 290) [pdf, 1 MB]

   ...of costs. If no agreement is reached, a further Court hearing will be necessary to consider this matter. In the meantime the Court directs that the Te Matai Kawana Whanau Trust funds held by the Westpac Trust are to remain undistributed until the claim for costs is finalised." The Application 4. The application as to the payment of costs pursuant to Section 79 came before the Court on the 12th August 2002 at 118 AOT 242 where the applicant set out in detail the costs that he was...

10. De Malmanche & Ors as Trustees of the Lynette De Malmanche Trust v Auckland Council (successor to the Auckland City Council) [2010] NZWHT Auckland 38 [pdf, 392 KB]

    ...area and the living room, with bedrooms above. The west wall is at the end of the lounge, and the main bedroom is situated at the south west corner towards the back. There is a pagola and tiled area at that end of the building. The south wall forms the back of the house. It faces and is close to a bank cut into the ground to form the flat area on which the house was built. Aspects of each of the elevations were discussed at the hearing. [8] Ms De Malmanche had trouble with...