Search Results

1. [2013] NZEmpC 15 Vulcan-Steel Ltd v Wonnnocott [pdf, 125 KB]

   ...reference to a failure to take steps appears to refer to the December 2011 warning grievance raised by the letter of 21 March 2012. [16] On 8 May 2012 Sharp Tudhope raised a personal grievance with Vulcan in relation to Mr Wonnocott’s dismissal and requested Vulcan’s attendance at an urgent mediation. Vulcan responded by letter on 11 May 2012 but did not raise any question about the 90 day statutory limitation period for the December grievance in that letter. [17] It was only...

2. [2020] NZEmpC 172 New Zealand Technology Group Hawkes Bay Ltd v Flashoff [pdf, 340 KB]

   ...application for variation of the order to allow the payment of staff wages and relevant legal expenses would be filed. After hearing counsel, I timetabled that application for consideration on 22 October 2020. I also made one modification to the form of order and reissued it on that date. [3] The anticipated application for variation then came before the Court, and was considered at a hearing held on an urgent basis yesterday afternoon. After hearing detailed submissions, I iss...

3. M Dwan v Park No 3 Trust & Ors [2013] NZWHT Auckland 11 [pdf, 249 KB]

   ...Dorpe was not immediately responsible. The builder’s negligence was a major contributor to the damage and I assess the builder’s contribution at 55 per cent. [54] Mr van den Dorpe had a substantial responsibility for plastering a badly formed substrate in a manner which would cause leaks. This amounted to a 10 Mount Albert Borough Council v Johnson [1979] 2 NZLR 234 (CA). Page | 13 significant factor. I assess his liabil...

4. 2012 Ministry of Justice annual report [pdf, 2.3 MB]

   ...person’s overdue fines and reparation balances to be reported to prospective credit providers, providing an incentive for people to pay to avoid putting their access to credit at risk. As at 30 June 2012, there had been 101,811 credit report requests, identifying 6,245 people with outstanding fines and reparation totalling $5.160 million. The credit check initiative resulted in $1.281 million of fines and reparation being resolved. Several smaller initiatives from the legislati...

5. Vainu - Succession to Phyliss Harmon (2025) 124 Tākitimu MB 16 (124 TKT 16) [pdf, 264 KB]

   ...challenge Polly’s will, had not been filed as evidence. The application was adjourned for that to occur and to allow time for the whānau to resolve the issues themselves. [11] The application was next heard in Masterton on 5 September 2024. At the request of the whānau, the application was referred to mediation per Part 3A of Te Ture Whenua Māori Act 1993 (“the Act”) to allow a further opportunity for the whānau to reach agreement on the issues between themselves. Unfor...

6. Waitangi Tribunal - Wai 2522 2.5.0019 TPPA [pdf, 814 KB]

   ...recorded some preliminary concerns; however, we need to consider the evidence and submissions of the parties at hearing before coming to any concluded view. Accordingly, we are not in a position, at this point, to go further as . claimant counsel request and make findings that the process to date has been fundamentally inadequate. 20. We can, however, confirm that the focus of our second issue upon what Maori engagement is now required over steps needed to ratify the TPPA does clearly t...

7. [2011] NZEmpC 63 Hally Labels Ltd v Powell [pdf, 232 KB]

   ...Reasons: 16 June 2011 REASONS FOR JUDGMENT OF JUDGE B S TRAVIS Introduction [1] On 13 June 2011, I issued two declarations and a permanent injunction enforcing a restraint. These are my reasons for so doing although they were issued in draft form to the parties on 13 June 2011. [2] In the hearing the plaintiff (Hally) sought to enforce a restraint preventing the defendant from being employed in any business in the adhesive label manufacturing industry within New Zealand o...

8. [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...

9. [2014] NZEmpC 159 Franix Construction Ltd v Tozer [pdf, 146 KB]

   ...representatives take notes during investigation meetings but none was adduced at this hearing. An Authority Member may also take his or her own notes of the evidence and although such documents may be relevant in judicial review proceedings, they do not form part of the very limited record from the Authority’s investigation on a challenge such as this. Counsel for one of the parties was also that party’s representative in the Authority but was not permitted to give evidence fr...

10. 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...