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1. Tata v Tata - Waiwhakaata 3E 4C Lot 2A Block (Hiiona Marae) [2020] Maori Appellate Court MB 166 (2020 Appeal166) [pdf, 427 KB]

   ...Mrs Martin’s own 2015 quarterly report to the trustees indicates the access issue was not resolved. [136] Mrs Martin was present when the briefcase was handed to Mr and Mrs Tata and when they handed it back. She is also aware of the repeated requests from the applicants (both before and during this proceeding) seeking the accounts and financial records concerning the payments to her. [60] In terms of actual knowledge, Mrs Martin knew that the funds were paid to her in breach of...

2. [2015] NZEmpC 121 Morgan Schofield v Transit Coachlines Ltd [pdf, 110 KB]

   ...under the Parental Leave and Employment Protection Act 1987; or (iii) on volunteers leave within the meaning of the Volunteers Employment Protection Act 1973; or (iv) receiving weekly compensation under the Accident Compensation Act 2001 or former Act as well as, or instead of, payment from the employer; or (v) on unpaid sick leave or unpaid bereavement leave; or (vi) on unpaid leave for any other reason for a period of the more than one week; but (b) unless ot...

3. Mehrtens v Accident Compensation Corporation (Revocation, Suspension) [2023] NZACC 8 [pdf, 287 KB]

   ...(c) Was ACC correct in its decision dated 23 February 2021 to suspend weekly compensation? Background [2] On 17 March 2016, the appellant had an accident at home and was taken to Christchurch Hospital by her parents. The hospital lodged a claim, describing the injury as “ETOH [ethyl alcohol] slipped and hit her head on the bench”. The injury comments are “Laceration, L forehead, minor head injury”. [3] On 29 March 2016, the appellant saw her GP, Dr Goh. He recorded...

4. [2017] NZEmpC 63 Fuimaono v Houia [pdf, 164 KB]

   ...Kaiako Tautoko – Visiting Teacher in November 2013. Her employer operated a home based early child education service. The employment was subject to a written agreement which, amidst other things contained the following clauses relevant to this claim. The employer was identified as Nga Taonga Tuku Iho i te wa Kainga (NTTI). Ms Houia was Full Time and was to work 37.5 hours a week. She would be paid a salary of $45,000 a year and be reimbursed for employment related expenses....

5. Kururangi - Wharekahika A47 (2006) 168 Gisborne MB 103 (168 GIS 103) [pdf, 419 KB]

   ...setting out the work that needed to be completed on the property and detailing rate arrears. An extract from the 23 August 2004 letter is reproduced below, demonstrating that the applicant was on notice to remedy the breaches: "You are hereby requested to attend to all the outstanding maintenance and to have this work completed by 31 December 2004. Failure to meet this requirement will probably mean that the Trustees will not consent to the renewal of your lease which falls due...

6. [2013] NZEmpC 36 Detection Services Ltd v Pickering [pdf, 139 KB]

   ...and is to be held on an interest bearing account as security in the event the challenge is unsuccessful, with the proceeds to be paid out according to the judgment of the Court. [50] Costs on these two applications are reserved, at the request of the parties. Christina Inglis Judge Judgment signed at 12 noon on 15 March 2013

7. [2021] NZIACDT 19 ZK v Registrar (20 August 2021) [pdf, 250 KB]

   ...letter, the adviser had stated that the appellant’s income comprised a retainer, as well as commission, bonus, incentive and public holiday wages. He had referred to New Zealand legislation and contended that bonuses and commissions were both forms of salaries or wages. Furthermore, the adviser had contended, it could be seen from the payslips that commissions were a regular form of “variable-pay” remuneration and were therefore a component of base salary. [36] However, Im...

8. [2011] NZEmpC 4 Pacific Loans Limited v Viau Halaapiapi Lesoa [pdf, 61 KB]

   ...Employment Court Regulations 2000 (“the Regulations”) which provides: 6 Procedure (1) Every matter that comes before the court must be disposed of as nearly as may be in accordance with these regulations. (2) If any case arises for which no form of procedure has been provided by the Act or these regulations or any rules made under section 212(1) of the Act, the court must, subject to section 212(2) of the Act, dispose of the case— (a) as nearly as may be practicable in acc...

9. LCRO 119/2018 QL v DW (22 October 2019) [pdf, 164 KB]

   ...“incorrect advice” from Mr DW, and would not have suffered the loss he claimed by having insufficient funds to complete his house purchase. Response [28] In his response, Mr DW stated he did not wish to make any further submissions unless requested to do so.7 Hearing [29] The parties attended a review hearing in Auckland on 3 October 2019. Before the hearing, at my request, they provided written submissions which I also refer to in my later analysis.8 Nature and scope o...

10. [2024] NZEmpC 222  Courage & Ors v The Attorney-General & Ors   [pdf, 264 KB]

    ...Attorney-General (No 2) [2023] NZEmpC 227, [2023] ERNZ 1020. 3 At [57]. taken to put them back on the Register. That assurance does not, however, adequately address an underlying issue, which I return to below. [4] In summary, I have formed the view that at all material times the Overseeing Shepherd (the position) was an employer of each of the Courage plaintiffs and if I am wrong about that the person who, for the time being, held the position as Overseeing Shepherd was...