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  1. Green v De'Ath [2018] NZIACDT 43 (1 November 2018) [pdf, 220 KB]

    ...or applied for a new work visa in terms of the timing of processing. [16] An application for a Variation for Mr S appears to have been made by Mr De’Ath on 30 September and/or 5 October 2015. [17] On 7 October 2015, Mr S emailed Mr De’Ath requesting a progress update. He had a lot of financial responsibilities but was not earning any salary. Mr De’Ath responded on the same day stating that he had requested an electronic visa to allow Mr S to commence work as soon as the vi...

  2. [2010] NZEmpC 82 Goodfellow v Building Connexion Ltd t/a ITM Building Centre [pdf, 44 KB]

    ...undermined him in his position as manager of the Takaka branch. A good deal of evidence was given of specific events. Mr Zindel confirmed however, that no personal grievance based on disadvantage was being pursued and these events really only formed the background to what happened at the end of May 2008. I have taken this evidence into account but, in light of that clarification and the decision I have reached, there is no need to record that evidence in detail in this judgment or...

  3. VL v SB LCRO 142/2014 & 160/2014 (12 October 2015) [pdf, 77 KB]

    ...mediation whereby Mr SB’s sister, was to receive an extra $70,000 “from the estate at final distribution in recognition of health care services rendered (by her to her late parents)”.2 • Treating the beneficiaries differently: Mr SB claimed that Mr VL had breached this term of the deed by paying the money to his sister soon after the mediation rather than on final distribution of the estates, which had not occurred. In response, Mr VL stated that Mr SB had misinterpret...

  4. [2018] NZEmpC 87 Jacks Hardware and Timber Ltd v First Union Inc [pdf, 382 KB]

    ...At [18]. 8 At [19]. 9 At [20]. (a) whether a 90-day trial period provision should be included in the collective agreement or some other document as between Jacks Hardware and union members who accept an offer of employment; (b) the form a wage clause, or clauses, in the agreement should take; and (c) the term of the collective agreement. [6] Ultimately facilitation was unsuccessful in enabling the parties to settle a collective agreement. After reviewing what took pla...

  5. Lam v The Real Estate Agents Authority (CAC 413) and Austin [2018] NZREADT 43 [pdf, 439 KB]

    ...Fraser. When I spoke to you last time on the telephone, you advised me you had informed and disclosed to Di Austin of the failed retaining wall in the north- east corner of your property (south-east corner of 247 The Terrace). This retaining wall forms the boundary between the two properties at 247 The Terrace and 251 The Terrace. The brick retaining wall has tilted forward (in the south direction) beyond the acceptable limits and has a large crack along the full height of the...

  6. Fenton - Rūrima Māori Reservation (2004) 102 Whakatāne 196 (102 WHK 196) [pdf, 851 KB]

    ...were supporting papers including an advertisement placed in the Whakatane Beacon and the Rotorua Daily Post on 10 and 12 September 2003. The minutes of a meeting of beneficiaries held on 20 September 2003 and the attendance sheet, along with consent forms from the proposed trustees and a one page background document concerning the reservation were also filed. All persons present in Court were aware of my own particular tribal affiliations through my involvement in local affairs for over...

  7. Davis v Davis - Estate of Joseph Paul Davis (2002) 120 Otorohanga MB 24 (120 OT 24) [pdf, 2.9 MB]

    ...since 1998. He was a descendant of Ngati Mahuta. He stated he also had affiliations to Waikato and Ngati Maniapoto and was familiar with the cultural practices of Ngati Uekaha of Waitomo. He staled - " 4. 'Whangai" involves the informal (as opposed to legal) adoption of a child by a person or persons who are related to that child through bloodlines or are from the same family or whanau. The bloodline or whanau links would often involve the grandparents, aunts, uncles...

  8. [2011] NZEmpC 61 Tatua Co-Op Dairy Co Ltd v NZ Dairy Workers Union [pdf, 141 KB]

    ...those additional terms and conditions. [6] When the expired collective came to an end, some long serving employees had not taken up their full entitlements and still had special leave owing to them. A dispute has arisen as to whether they can claim the enhanced entitlements under the current collective in addition to, or in place of, their previously accrued entitlements. The parties summarised their respective positions by giving the Authority five examples to illustrate the var...

  9. LCRO 39/2009 FG v ZS (29 June 2009) [pdf, 220 KB]

    ...RG’s children as to one half and the other half to the [XY charity] [6] The testator appointed, as trustees of the charitable trust, his wife Mrs FG (the complainant), NG and LM (who was also one of the estate executors). After the trust was formed they also became the directors of the three companies. The executors of the estate were Mr ZS, LM and one other. In accordance with the will the executors established the RG Charitable Trust (RGCT) and transferred the company shares...

  10. [2016] NZSSAA 016 (11 March 2016) [pdf, 48 KB]

    ...first application been granted correctly, he should be paid the two- person rate throughout. [9] The Ministry say they have no record of the appellant’s application for Accommodation Assistance in May 2011. They do have a record of an application form being requested. Because of operational difficulties at the time, they are prepared to concede that an application may have been made. [10] On behalf of the Chief Executive it is noted that the appellant has now been paid at the two-...