Search Results

1. [2012] NZEmpC 94 Gini v Literacy Training Ltd [pdf, 93 KB]

   ...challenge to a determination, the Court can make an order encompassing costs in the Authority when the Authority itself has made no order but simply reserved the question of costs. The issue was raised, however, by the full Court in PBO Ltd (formally Rush Security Ltd) v Da Cruz. 3 In Goodfellow v Building Connexion Ltd trading as ITM Building Centre, 4 which was a case where costs had not been fixed by the Authority, Judge Couch, following Da Cruz, confirmed that this Court h...

2. Barry v Devi [2011] NZIACDT 29 (5 September 2011) [pdf, 96 KB]

   ...the payment of a penalty not exceeding $10,000; (g) an order for the payment of all or any of the costs or expenses of the investigation, inquiry, or hearing, or any related prosecution; (h) an order directing the licensed immigration adviser or former licensed immigration adviser to refund all or any part of fees or expenses paid by the complainant or another person to the licensed immigration adviser or former licensed immigration adviser; (i) an order directing the licensed immigra...

3. Couper v Rangipunga - Parihaka X Trust (2008) 212 Aotea MB 38 (212 AOT 38) [pdf, 2.3 MB]

   ...issues were raised by the trustees including the awarding of contracts, proposals to engage a farm manager for the trust, notice of and attendance at trustee meetings, conflict of interest and ownership of buildings on trust land. Mr Couper also requested the removal of Mr Rangipunga and Ms Taylor because he claimed they had failed to attend four trustee meetings without proper excuse. Mr Rangipunga questioned the propriety of trustees making decisions when it appeared that a confli...

4. [2019] NZEmpC 171 Thorne v Rolton [pdf, 352 KB]

   ...[8] Mr Rolton’s version of events was significantly different. He said that the discussion about resuming work was between him and Mr Thorne, and he was given a choice of returning on 8 January 2018, or a week later on 15 January 2018. He informed Mr Thorne that he would return on 15 January, unless his money ran out in which case he would come back earlier. [9] There was no record of this meeting and what, if anything, was agreed. Mr Rolton returned to work on 15 January 201...

5. [2021] NZACC 196 - Ambridge v ACC (8 December 2021 [pdf, 195 KB]

   ...decision of a Reviewer dated 5 November 2020. The Reviewer dismissed an application for review, declining jurisdiction in respect of the Corporation’s decision to revoke cover for a right-ankle fracture. 2 Background [2] Ms Ambridge (formerly Edwards) was born in 1960. At 18 months old, she suffered poliomyelitis. This primarily affected her right leg. In 1972, the condition led to surgical lengthening of the right leg. [3] On 24 July 1987, Ms Ambridge fell down som...

6. [2008] NZEmpC WC 13B/08 Mana Coach Services Ltd v NZ Tramways and Public Passenger Transport Union Inc [pdf, 102 KB]

   ...challenge to a determination of the Employment Relations Authority about strike action, include: • whether employees should be paid as originally rostered after a strike was called off; • whether replacement labour was lawfully engaged to perform the work of striking employees; and • whether direct employer communications to employees breached obligations of good faith during bargaining. The causes of action and the Authority’s determination [2] The first ca...

7. Waikato Bay of Plenty Standards Committee 2 v Deobhakta [2013] NZLCDT 55 [pdf, 172 KB]

   ...on 18 November 2009, to pass over the $25,000 cheque for IRD which he had obtained, he was asked by Mr Deobhakta to substitute that cheque with another cheque payable to IRD for $21,000, plus $4,000 in cash. [31] Mr Zaheed said he did as requested and returned to his bank to exchange the $25,000 cheque for a fresh bank cheque payable to IRD for $21,000, plus $4,000 cash. Mr Zaheed’s evidence was that he then gave that cheque for $21,000 plus $4,000 cash to Mr Deobhakta. Mr...

8. Armfield v Naughton [2014] NZHRRT 48 [pdf, 167 KB]

   ...living spaces together with their children’s play area were now being watched and filmed by a neighbour who had not spoken to them about what he was doing and who seemed unconcerned if not pleased at their reaction to his actions. 4 The request for access to personal information [12] On observing the installation of the cameras Mr Armfield and Ms Halls on 31 March 2012 approached Mr Naughton and asked why he was pointing the cameras into their property. He replied that “t...

9. Paea v McLeod - Succession to Donald Te Whetu McLeod [2024] Chief Judge's MB 1982 (2024 CJ 1982) [pdf, 564 KB]

   ...addition of names to a birth certificate. Ms Insley had five days to file submissions in reply. [15] Submissions were filed by counsel and the matter was set down for hearing on 27 June 2023. On the 19 June 2023 Ms Farquhar sought an adjournment and requested an in- person hearing. [16] On 21 June 2023,10 I issued directions that the respondent file the medical records of the deceased with the Court and an affidavit from the Registrar of Births, Deaths and Marriages, should they ag...

10. [2024] NZEmpC 109 LDJ v EZC [pdf, 249 KB]

    ...or defence brought in the alternative. This can be illustrated by the Oxford English Dictionary’s primary definition of “incidental”: “Occurring or liable to occur in fortuitous or subordinate conjunction with something else of which it forms no essential part”; thus the question must relate to some essential part of the pleadings for it to be not incidental.5 [12] It is not necessary for the applicant to prove that the question of law will fall for determination in the c...