Search Results

1. [2010] NZEmpC 116 Miller v Fonterra Co-Operative Group Ltd [pdf, 28 KB]

   ...including, but not limited to, affidavits filed, Court minutes and judgment. [4] In support of the application, Mr Rooney submitted that the documents sought by the defendant were relevant when assessed against the pleadings in the case, that the requests were not oppressive and that the documents could not all be subject to legal privilege. He submitted that relevance is the key issue citing Gilbert v Attorney-General in respect of the Chief Executive of the Department of Corre...

2. Chalecki v ACC [2012] NZACA 15 [pdf, 56 KB]

   ...requirements. The appellant could not resume his outside employment as a carpenter, he had no qualifications and after applying unsuccessfully for other jobs, he decided to build up his farm so as to be able to become fully self-employed. [11] The form the Corporation sent the appellant to fill in for the purpose of seeking employment dated 17 December 1987, records the appellant’s intention to build up his farm work. The Corporation treated this as an application for a self...

3. Walker v Tonihi - Estate of Te Aokatoa Wirihana (2015) 43 Takitimu MB 31 (43 TKT 31) [pdf, 281 KB]

   ...At the hearing held regarding succession to Chrysler Wirihana, Ms Tonihi purported to succeed to Chrysler on the basis that she was a whāngai sister of Chrysler. This would suggest that the relationship was somewhat different to that now being claimed. That said, it is not uncommon for elder siblings, whāngai or otherwise, to be treated as a parent, especially where there is a significant age gap. It was not unusual where there were very large families for siblings with an age ga...

4. Wallis & Anor as Trustees of The Seaview Trust v Wet-Seal NZ Ltd [pdf, 117 KB]

   ...assessor found that the fall was not sufficient and not in accordance with the plans. 17. The consented drawings specified 1.5 mm Butynol or Dec-k-ing waterproof membrane on the balcony decks. 18. Mr. Searle made inquiries about both products and formed the view that the products were not suitable. He was particularly concerned that the effect of salt on these products could adversely affect their properties. He discussed the matter with the Kapiti Coast District Council. 19. Mr. Sea...

5. [2019] NZREADT 45 Beatson - Ruling on Costs (26 November 2019) [pdf, 167 KB]

   ...costs under this section, the Disciplinary Tribunal may take into account whether, and to what extent, any party to the proceedings– (a) has participated in good faith in the proceedings: (b) has facilitated or obstructed the process of information gathering by the Disciplinary Tribunal: (c) has acted in a matter that facilitated the resolution of the issues that were the subject matter of the proceedings. …. [7] The particular grounds relating to the case which the s...

6. [2020] NZEmpC 230 Arachchige v Rasier New Zealand Ltd [pdf, 398 KB]

   ...before a driver can use the Driver App they must enter into a services agreement with UBER. Under the standard services agreement UBER agrees to provide drivers with lead generation services and related services to enable them to receive on-demand requests for transportation services, and with a licence to use the Driver App. Mr Arachchige became an Uber driver after being a taxi driver [5] Prior to Mr Arachchige becoming an Uber driver, he was a taxi driver under an Alert Taxi...

7. [2017] NZEmpC 150 Prasad v LSG Sky Chefs Ltd [pdf, 492 KB]

   ...relationship is. This is particularly so in cases involving vulnerable workers. [20] The sort of bright-line test advanced on behalf of the defendant runs the risk of obscuring the practical realities of working relationships, and focusing on form over substance. That is not an approach mandated by the Employment Relations Act, and is at odds with the underlying objectives of the legislation (including addressing inherent imbalances in bargaining power).9 [21] The full Court...

8. [2018] NZEmpC 17 Goldstone Aluminium Ltd v Edmond [pdf, 199 KB]

   ...Those documents included the statement of problem, the amended statement of problem, and the notice of investigation meeting. [8] In addition to failing to participate in the Authority’s investigation process, Goldstone failed to respond to requests to attend mediation. [9] It was only after the Authority determination was issued that Mr Wang, the sole director of Goldstone, emailed the Authority advising that he did not attend the investigation meeting because he was unaware...

9. [2017] NZEmpC 88 Application for access to court documents [pdf, 88 KB]

   ...parties in a great deal of paperwork, such as the filing of statements of claim and defence, and discovery by way of the exchange of lists of relevant documents. Changes of pleading often follow discovery and inspection, and the parties may be requested to provide further particulars of their pleadings. [62] It is only once the case is fully shaped, at the commencement of the substantive hearing, that the presumption in the Rules against public disclosure of documents related to...

10. BL v DQ [2020] NZDT 1303 (12 November 2020) [pdf, 189 KB]

    ...District Court [2020] NZDT 1303 APPLICANT BL RESPONDENT DQ The Tribunal orders: 1. DQ is to pay to [Insurance company] the sum of $1,739.24 on or before 30 November 2020. Reasons 1. On Christmas Day 2019, BL performed a U-turn on [redacted]. DQ was reversing out of her driveway at the same time. The cars collided just past the point where DQ’s driveway meets the road. 2. The damage to BL’s car cost $1,739.24 to repair. DQ’s car was also...