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1. LCRO 196/2013 XM v WG [pdf, 481 KB]

   ...discussed with her, and that no offer would be accepted without her approval. Tenders closed on Friday 14 December 2012. Ms WG failed to contact her to discuss the tenders, as she had indicated that she would. (c) Ms WG had failed to respond to requests for information. Complaint 2 — 25 January 2013 (d) Ms WG continued to avoid providing information when requested. (e) Ms WG did not advise whether the tender offer or the valuation figures included GST. (f) Ms WG had faile...

2. [2010] NZEmpC 160 Mc Culloch & Ors v NZFS Council [pdf, 181 KB]

   ...deal with this role comparison which pervades a number of the Commission’s different submissions. I accept that the nature of the work undertaken in this particular case by Messrs Best and Scott was not the same as that which they usually performed. However, they remained in the employment of the New Zealand Fire Service, their individual terms and conditions of employment were varied to take account of the temporary position, and that it was implicit in their doing so that upo...

3. [2024] NZEmpC 101  Auckland One Rail Limited v Rail and Maritime Transport Union [pdf, 286 KB]

   ...on 8 June 2024. [2] The plaintiff was granted urgency at a brief hearing on 7 June 2024. Its application for an interim injunction was not able to be heard then because the plaintiff accepted that the hearing should be on notice, having informed the union earlier of its intention to apply to the Court. However, by the time of the hearing it had not served the proceeding on the defendant. Instead the application was sent to the defendant’s counsel, Mr Davenport, but...

4. Aldridge & Ors as Trustees of the SL & KM Aldridge Family Trust v Boe [2012] NZWHT Auckland 27 [pdf, 202 KB]

   ...wanted.3 Mr O’Sullivan’s evidence was unrealistic when he stated that the inspection undertaken by Mr Murphy should have involved a full audit of the cladding system, even though the report clearly recorded that that was not what was done, or requested.4 [32] There was no evidence that Mr Murphy’s conclusions in his report as to the cladding cracking were wrong or that the report was not reasonably based on information available to Mr Murphy at the time of the inspecti...

5. Ryan v CAC 20002 & Skinner [2013] NZREADT 45 [pdf, 67 KB]

   ...have been more responsive”. [d] It seemed to the Committee that the licensee: “... had been active in following up leads, keeping in contact with the Andersons emailing the complainant with updates and seeking information that he had been requested by both the Andersons and other parties. He did produce two offers to purchase one from the Andersons and one from Suny Palwi (Mr Kaur) neither of which resulted in a sale. The reality was that the market for selling businesses in Que...

6. Johnston v Abide Homes Limited [pdf, 140 KB]

   ...submissions said that they believed he had no liability. The inspections required for the purpose of issuing the Code Compliance Certificate were carried out by Bay Building Certifiers Limited, now in liquidation. [6] None of the respondents filed formal cross-claims however section 72(2) of the Weathertight Homes Resolution Services Act 2006 (the Act) provides that the Tribunal can determine any liability of any respondent to any other respondent. I will therefore consider...

7. Mihaka v Housing New Zealand Corporation (Recusal Application) [2017] NZHRRT 7 [pdf, 227 KB]

   ...The relevant paragraphs of the Minute follow: 4 The recusal issue [15] The Minute of 21 June 2016 required any recusal application to be filed by 1 July 2016. As earlier mentioned, no such application has been filed. Instead Mr Mihaka requests further information regarding Mr Shirley: … regarding the involvement of Mr Shirley in both the Act party - such as information regarding his position and beliefs regarding justice and social housing and other policy matters, and als...

8. MLC - Form 39 - Application for partition [pdf, 170 KB]

   Page 1 For more information visit www.justice.govt.nz/courts/maori-land-court MLC 06/13 - 39 For more information visit www.justice.govt.nz/courts/maori-land-court APPLICATION FOR PARTITION OR COMBINED PARTITION Te Ture Whenua Māori Act 1993 Section 289 or 298 Form 39 Rule 13.1 WHAT IS THIS FORM FOR? Use this form to apply to the Court for a partition of Māori Land or the combined partition of Māori and General Land to separate out owner’s shares into new land titles. HOW TO FILE...

9. [2011] NZEmpC 76 Rush Security Services Ltd v Samoa [pdf, 132 KB]

   ...that would otherwise be a working day for you. (c) Wages will be paid weekly no later than Wednesday direct into a bank account nominated by you. [7] This was an inadequate and inapt employment agreement and Ms Rush told me that the company‟s form of casual individual employment agreement has since been revised. The inadequacies of Mr Samoa‟s employment agreement are probably attributable in part to the fact that it was on a New Zealand Retailers Association template develope...

10. Trustees of Te Ngae Farm Trust v Trustees of Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 133 Waiariki MB 58 (133 WAR 58) [pdf, 303 KB]

    ...[40] There is no benefit to the members of Ngāti Rangiteaorere with an order for the NRKC costs to be paid by the Te Ngae Farm Trust, now that the management of all Ngāti Rangiteaorere settlement assets are managed by one entity. I decline the request for NRKC’s costs to be paid from the Te Ngae Farm Trust funds. 13 Hall v Opepe Farm Trust (2011) 42 Waiariki MB 225 (42 WAR 225). 14 Ibid at [20]-[22]. 133 Wa...