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1. [2012] NZEmpC 128 Mana Coach Services Ltd v New Zealand Tramways & Public Passenger Transport Employees Union Inc [pdf, 88 KB]

   ...which it has found was present can operate in some way other than through the equity and good conscience jurisdiction to disentitle the employees from payment for the hours at issue. [7] Further analysis of the reasons of Chambers and Arnold JJ who formed the majority of the Court of Appeal on the matter of what is to be remitted to the Court, reveals the following. Arnold J dealt with this matter at [52] of the reasons for judgment as follows: Against this background, I consider...

2. BT v YB LCRO 128 / 2010 (26 May 2011) [pdf, 97 KB]

   ...applying to the Court for a bond to keep the peace under the Summary Proceedings Act 1957. This was a process that the Applicant was aware had been successful in similar circumstances in the past. [3] The application was deficient, and the Judge requested that an amicus curiae be appointed to assist the Court in connection with the application. Mr WJ was appointed. [4] Mr WJ viewed the Court file and met with the Applicant and DQ. In the course of those meetings, he advised tha...

3. [2022] NZEmpC 164 Zink v Board of Trustees of Southland Boys High School [pdf, 321 KB]

   ...[31] Clause 4.1 states that the “Employee will be employed during the school term only, for the days and hours of work as set out in the Schedule”. [32] The clause went on to stipulate that the employee could, from time to time, be requested to work additional hours to meet the demands of the business, for example, preparation and set-up prior to the start of each school term, and/or hostel bookings for external clients during school holidays. In such instances, SBHS was...

4. McLennan v Accident Compensation Corporation (Gradual Process Injury) [2023] NZACC 54 [pdf, 254 KB]

   ...notable in the work environment that there was no protective clothing, and masks to provide respiratory filters. Therefore, and whatever the air concentration showed, there is no specific measure of personal exposure. While it is second-hand information, the information is nevertheless that others developed similar, albeit less severe, symptoms within the same environment, with the exception of the case referred to by Judge Mathers. There is no evidence of any other disorder. Whi...

5. Waikato Bay of Plenty Standards Committee v Parlane [2010] NZLCDT 8 [pdf, 184 KB]

   ...negligent in that while he was doing his best (in his view) to help a client, he failed to apprehend that there was an issue that required him to offer her the opportunity to take independent advice, if that is what she wanted after being fully informed of that right. [58] We therefore find that Mr Parlane’s conduct in this regard demonstrated professional incompetence, but does not reach the threshold of misconduct. 19 [59] Accordingly the Tribunal finds this particul...

6. ENVC Hearing 6Oct14 WML rebuttal Pita Rikys [pdf, 99 KB]

   ...foreshore, they actually came from the Northern bay edge. I was also present at that event. Nor does it deal with a later re-burial sourced from the same location and re-buried at the same spot chosen by the roopu referenced. 10. Finally waahi tapu claims for the whole of Matiatia Bay by the witnesses for the Piritahi Marae usurp the role of Mana Whenua in this regard. As reinforced in the caucus of witnesses, it is for the Mana Whenua, Ngati Paoa and in particular the hapu from...

7. Complaints Assessment Committee 408 v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 56 [pdf, 272 KB]

   ...fined $1,000. In De Heer, a newly qualified salesperson was similarly found to have breached s 36(2A) of the LCA, rr 5.1 and 5.2 of the Rules, but also found to have breached rr 6.2 (duty to act in good faith) and 6.4 (licensee must not withhold information that should be provided to client) in failing to present offers to a vendor. Counsel noted that the CAC had accepted that Mr Schembri’s conduct was less serious than the licensee in De Heer.

8. Laboyrie v The Real Estate Agents Authority (CAC 403) and Prout [2018] NZREADT 36 [pdf, 557 KB]

   ...intend that Ms Laboyrie would decide to purchase on the faith of what was in the Trade Me advertisement and said to her. [62] In other words, without checking the records, Mr Prout endeavoured to convey to Ms Laboyrie the information that she requested, albeit in the most favourable for the vendors. The way in which he gave evidence suggested to me that he was capable of giving different explanations that could not be reconciled, even though he was not lying in doing so. The deg...

9. 2013 Ministry of Justice Annual Report [pdf, 2.6 MB]

   Annual Report 1 July 2012–30 June 2013 E.64 (2013) http://www.justice.govt.nz/ http://www.justice.govt.nz/ Table of contents 2012/13 Highlights 2 Chief Executive’s report 4 What we do 6 The Ministry of Justice 6 Sector leadership 7 Our focus 11 What we have achieved 12 Building a customer focused Ministry 12 Making communities safer 17 Maintaining the integrity and improving the responsiveness of the justice system 22 Maintaining the civil and democratic rights of New

10. LCRO 054/2017 VM v CR (31 July 2017) [pdf, 176 KB]

    ...475 at [2]. 7 relating to the jurisdiction of the Disputes Tribunal. [25] Mr VM objects to the Committee’s finding that it had no jurisdiction to “intervene to direct the Court”. He describes this as a “strange” argument as the request made was for Ms CR to be directed to withdraw the proceedings. He makes request that what he describes as an “absolutely fair and equitable remedy to put the parties back into the situation they should have been, is not outside the pow...