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1. [2010] NZEMPC 51 How v Campin & Campin T A Chequers Stud [pdf, 32 KB]

   ...[2] A Labour Inspector carried out an investigation of the matter including whether wage and time records had been adequately maintained by the defendants. The Labour Inspector was not provided with wage and time records despite his request of the defendants and therefore he proceeded with his opinion based on documentation and information provided by Mr How through his then solicitor. In a written opinion dated 19 June 2008 he concluded that the defendants breached minim...

2. Huata v Gotty - Lot 2 Deposited Plan 1996 (formerly Mangaroa 26N2 Block) (2021) 87 Takitimu MB 251 (87 TKT 251) [pdf, 248 KB]

   ...currently extant before this Court to the High Court is adjourned for two weeks to enable counsel to file any further submissions on the law. [22] If Mr O’Connor does not file any submissions within that timeframe, and in the absence of any requests for a further adjournment that are granted, the application to transfer proceedings to the High Court will be granted. [23] Leave is reserved for any party to apply for further directions at any time. Ka pānuitia te whakataunga...

3. LCRO 168/2017 AH v OS and VI (21 December 2018) [pdf, 218 KB]

   ...the firm about Mr OS. [15] He stated because the firm had favoured Mr T, it would not be possible for the firm to act on the administration of Mrs C’s estate, or accept appointment as executors and trustees. Mrs C’s will [16] Mr AH claimed that Mrs C, without saying “why”, told him she “wanted to see” the lawyer who “handled her will”, and requested Mr AH to ask that lawyer to contact her. He stated that on 3 November 2016, he and Mrs HR telephoned Mr OS to ma...

4. [2021] NZEmpC 90 OSS Ltd v Arthur [pdf, 264 KB]

   ...individual employment agreement (IEA) had been breached as to the calculation and payment of the variable component of his salary; the second was whether his dismissal for redundancy was justified. [3] The Employment Relations Authority declined his claim for breach of his IEA.1 It upheld his personal grievance, and directed OSS to pay him, within 28 days:2 i) $20,000 for humiliation, loss of dignity and injury to feelings; ii) $52,500 as reimbursement of lost wages; and iii)...

5. Trustees of Te Waiti 2C2 v Allison - Te Waiti No2C No2 (2014) 107 Waiariki MB 115 (107 WAR 115) [pdf, 245 KB]

   ...conferred on a court by subpart 2 of Part 6 of the Property Law Act 2007. [24] Subpart 2 of Part 6 of the Property Law Act 2007 encompasses ss 321 to 325 and relates to wrongly placed structures. It allows the Court to provide relief in a number of forms if the Court considers it is just and equitable in the circumstances to do so. [25] In Elkington v Estate of Ruruku the High Court considered s 24 of the Act and jurisdiction regarding powers under the Property Law Act 1952 as they...

6. [2010] NZEmpC 32 Maritime Union of NZ v Ports of Auckland [pdf, 100 KB]

   ...employees, a number of them will be converted to full time “permanent” employees. The purpose of this provision is to ensure that where the company has sufficient work for more full time permanent employees, it does not continue to have that performed by part time employees. [22] The final category of employees whose employment is covered in Schedule 8 to the collective agreement, are casuals for whom each period of engagement in work is a separate employment albei...

7. S B v Atia [2018] NZIACDT 4 (19 February 2018) [pdf, 310 KB]

   ...her health. She sought not to disclose that part of the information to the complainant. Procedure [34] The Tribunal hears complaints on the papers under s 49 of the Immigration Advisers Licensing Act 2007 (the Act), but may in its discretion request information or request that persons appear before the Authority. [35] In this case the parties did not seek an oral hearing. 12 Discussion The standard of proof [36] The Tribunal determines facts on the balance of pro...

8. [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board [pdf, 567 KB]

   ...told him she had been asked to terminate his employment under the 90-day trial provision in the employment agreement. The impression conveyed by the way in which this news was delivered was that she was passing on a decision made elsewhere. His requests for an explanation were declined and invitations to discuss the situation were not taken up. [11] During this meeting Mr Roach was told he would be paid one week’s pay in lieu of notice. He was handed an envelope containing a l...

9. Tahuparae – Marino Henare Pumipi Rangitihi Tahuparae (2013) 60 Taitokerau MB 46 (60 TTK 46) [pdf, 93 KB]

   ...decision. First, whether Cynthia is entitled to a life interest in respect of Marino’s Māori land interests when they had separated 13 months before his death. Second, whether the Court should refrain from making vesting orders and require formal administration of the estate. 60 Taitokerau MB 48 Cynthia’s entitlement [7] Marino’s children assumed throughout the proceedings in this Court that Cynthia was no longer entitled to a life interest in Marino’s land inter...

10. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 78 [pdf, 186 KB]

    ...public interest and do not replicate, and are not a substitute for, private civil proceedings. [33] Mr Dennett also referred to the focus of disciplinary cases being on disciplinary standard but submitted that in any event, the losses and costs claimed by the Brogdens are inappropriate and not adequately supported by evidence. In particular, he submitted (among other things) that: [a] Mr Rankin does not have the opportunity to assess the veracity of the claims – that is, what w...