Search Results

1. [2012] NZSC 69 SC124/2011 Service Food Workers Union v The persons listed in Schedule A & OCS Limited [pdf, 137 KB]

   ...in this case because the employees involved are within one of those categories. 1 The object of subpart 1, as stated in s 69A, is to provide protection to qualifying employees if, as a result of a proposed restructuring, their work is to be performed by another person, meaning another employer. In that situation the legislation is designed to give: (a) the employees a right to elect to transfer to the other person as employees on the same terms and conditions of employment; and

2. [2025] NZEmpC 192 Cunningham v healthAlliance NZ Limited [pdf, 150 KB]

   ...the circumstances of the proceeding. While Mr Cunningham was prepared to deal with the issue and indicated that he would accept $599 as payment of his costs and disbursements, healthAlliance’s counsel, Mr Upton, did not accept the offer but requested an opportunity to confer with his client and seek instructions on the issue of costs. While the parties were encouraged to confer and try and reach agreement on costs, no agreement was reached. Legal principles [4] The Court has...

3. [2025] NZEmpC 175 Wilson Parking NZ Ltd v Turner & Anor [pdf, 180 KB]

   ...the application. Wilson Parking New Zealand Ltd was prepared to abide the decision of the Court; Mr Turner was opposed to the scope of access sought by Royal Holidays. [2] Royal Holidays has since advised that it has narrowed its request, confirming that it wishes to access the formal pleadings, namely any statements of claim and any statements of defence. It no longer seeks access to the affidavit evidence filed by the parties. The documents are said to be of potent...

4. Trustees of Owhaoko C Trust v Karena - Owhaoko C Trust (2017) 59 Takitimu MB 288 (59 TKT 288) [pdf, 436 KB]

   ...trustees advise that the rateable value of the property at the date of the purchase was $131,000. The trustees add that the vendor made it clear to the Chairman that his expectations were above that. Further, the trustees say that, Mr Karena informed the trustees at a meeting on 18 January 2016 that the vendor had offered the property to him for $400,000 which they understood Mr Karena did not take objection with. [62] According to the trustees the purchase price ($420,000) was...

5. [2012] NZEmpC 20 White & Others v Reserve Bank of New Zealand [pdf, 148 KB]

   ...plaintiffs had filed their application for removal. The Authority did, however, accept that the issues involved were complex and involved potential jurisdictional difficulties. [3] The plaintiffs, with the exception of Mr Ian Harrison, are all former employees of the defendant, who for convenience I shall refer to simply as “the Bank” or “the defendant”. Mr Harrison continues to be a Bank employee. All the plaintiffs were members of the Bank’s Staff Superannuation and...

6. Tioro v McCallum - Estate of Ngapiki Waaka Hakaraia [2015] Māori Appellate Court MB 483 (2015 APPEAL 483) [pdf, 228 KB]

   ...justice are “flexible”, “adaptable”, and “context specific”, and cannot be neatly tabulated: “This is an area of broad principle, not precise rules”. Prescribing prescriptive rules of universal application would introduce “a new formalism” – a “recipe for judicialisation on an unprecedented scale”. The courts will look at the matter “in the round” to determine whether the process was fair. Higher standards of fair treatment are required where a decisi...

7. [2017] NZEmpC 4 Marx v Southern Cross Campus Board of Trustees [pdf, 137 KB]

   ...of Police that: 13 [12] The authorities show that some special circumstance must be found to exist to warrant the ordering of a rehearing. It would be an impossible burden on this Court if a rehearing under cl 5 could be obtained merely by request and there is a strong countervailing public interest consideration in having finality to litigation. [17] While the kinds of circumstances in which a rehearing will be granted are not closed, the sort of cases in which an application...

8. [2020] NZEmpC 177 MacKenzie v Huntington’s Disease Association (Auckland) Inc [pdf, 242 KB]

   ...for any further leave taken. The proposal was that when she returned to work, sick leave and annual leave would be reinstated as they accrued due and returned to positive balances. As Ms Mackenzie was not working during the agreed leave, HDA requested return of the motor car she used as well as the work mobile phone and work credit card. Ms Mackenzie endeavoured to make some point about this in evidence but I regard the request as reasonable in the circumstances. [22] After t...

9. Te Awe Awe v Te Awe Awe - Estate of Pipi Rakene or Pipi Te Awe Awe (2019) Chief Judge's MB 1414 (2019 CJ 1414) [pdf, 258 KB]

   ...(b) That the person or persons entitled to obtain a grant of administration of the estate of the deceased person do not intend to seek any such grant; and (c) That there is no reason apparent why the estate of the deceased person should be formally administered; and (d) That the value at the date of death, of the interests in land affected by the application did not exceed $4,000; and (e) Where the deceased person is known to have owned beneficial freehold interests in Maori f

10. LCRO 75/2022 BG v HC (25 October 2022) [pdf, 212 KB]

    ...action on a number of the matters) included a consideration of the fee issue. [99] As noted, a more comprehensive examination as to the reasonableness of the fees charged by BG would likely have been achieved if the Standards Committee had made request of BG to provide his files. That may well have clarified in more detail the extent to which BG had addressed the cost/risk factors when first taking instructions from HC. [100] I am satisfied however that there is sufficient inform...