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1. Hawkes Bay Standards Committee v Heaphy [2014] NZLCDT 61 [pdf, 343 KB]

   ...later. [6] The extent of Mr Porter’s own “panic” and motivation to shelter assets was the subject of considerable dispute in the evidence. 3 [7] It is the steps carried out in the name of asset protection for Mr Porter, which form the basis for the first two charges against Mr Heaphy. [8] Although we preferred the evidence of the lawyer to that given by the client, Mr Porter, we found that Charges 1 and 2 had been proved, to the level of misconduct. [9] We dis...

2. [2017] NZEmpC 69 8i Corp v Marino [pdf, 156 KB]

   ...person— (a) who is employed or engaged by the chief executive to provide the services; and (b) who holds a general authority, given by the chief executive, to sign, for the purposes of this section, agreed terms of settlement,— may, at the request of the parties to the problem, and under that general authority, sign the agreed terms of settlement. (2) Any person who receives a request under subsection (1) must, before signing the agreed terms of settlement,— (a) e...

3. [2014] NZEmpC 26 Cross v Onerahi Hotel Ltd [pdf, 150 KB]

   ...were resolved. It was agreed that Mr Cross would return to the hotel on 12 March to collect his pay and to hand over his key. [22] A further meeting occurred on 12 March 2012. Mr Cross returned his key and received a payment in cash, as he had requested, together with a payslip, expressed to be for the period ending 4 March 2012. The final line of the payslip noted “termination payment”. Mrs Menner Ryan, who had organised the payment, gave evidence that the payment was gene...

4. Waitangi Tribunal - Te Ture Whenua pre-publication [pdf, 2.9 MB]

   ...Downloaded from www.waitangitribunal.govt.nz W A I T A N G I T R I B U N A L R E P O R T 2 0 1 6 W A I 2 4 7 8 H E K U R A W H E N U A K A R O K O H A N G A Report on Claims about the Reform of Te Ture Whenua Māori Act 1993 P r e - p u b l i c a t i o n V e r s i o n Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Typeset 2016 by the Waitang...

5. Hunia v Fox - Kawerau A8D (2011) 45 Waiariki MB 32 (45 WAR 32) [pdf, 146 KB]

   ...Kawerau A8D Ms Skerrett-White asked to be heard on the issue and in respect of any other applications to remove her. A fixture was then arranged where all the trustees of Kawerau A8D were invited to make submissions. I treated Ms Skerrett-White’s request to be heard as an application for a rehearing. Submissions for Kani Hunia [3] At the hearing Mr Kahukiwa submitted that, despite the removal of Ms Skerrett- White by the Court due to her bankruptcy, his client’s application for...

6. QF Ltd v O Ltd [2023] NZDT 384 (16 August 2023) [pdf, 195 KB]

   ...1. O Ltd is to pay QF Ltd $3,412.70 on or before 22 September 2023. 2. The counterclaim is dismissed. Reasons: 1. QF Ltd is an entertainment agency. O Ltd operates the O Ltd hotel in [City]. O Ltd booked a band called the NM trio to perform for two nights at a [themed] Christmas event that O Ltd was running. QF Ltd says that O Ltd has not paid the full agreed price and did not provide all the accommodation for the band that had been agreed. QF Ltd seeks an order that O Ltd is li...

7. [2007] NZEmpC AC 51A/07 Maritime Union of NZ and ors v TLNZ Ltd and anor [pdf, 158 KB]

   ...of collective agreements covering the members of the Maritime Union of New Zealand Inc (“MUNZ”); • whether the defendants’ intended introduction of the policy is or will be in breach of collective agreement consultation obligations, as informed by statute. • whether a requirement of an employee to participate in the drug and alcohol policy will amount to a lawful and reasonable direction in employment with which the employee must comply. [2] One further cause of action...

8. LCRO 126/2013 MZ v JK [pdf, 128 KB]

   ...several times over the weeks that followed, asking him to provide a copy of the new license issued by the Body Corporate. Mr JK said he would follow up with his client, but did not send a licence. It is not clear 4 whether Mr MZ made the same request of the Body Corporate or BCSL, or whether Mr JK’s client had given him instructions in relation to the new licence. [16] By March 2011, conflict had emerged between those claiming the right to park in the space Mr MZ wanted to c...

9. [2012] NZCA 481 CA327/2011 Postal Workers Union of Aoteaoroa Inc v Street and NZ Post Ltd [pdf, 141 KB]

   ...unrostered overtime (71 per cent) is incurred regularly by only 25 per cent of posties. [12] Under the Act and the collective agreements, New Zealand Post is obliged to pay relevant daily pay for public or alternative holidays, and for other forms of leave including sick and bereavement leave. For these purposes, New Zealand Post pays its posties for the standard full-time hours along with some agreed allowances, but does not include any component in the relevant daily pay calc...

10. [2021] NZACC 17 - Sowerby v ACC (14 January 2021) [pdf, 195 KB]

    ...of the supraspinatus tendon of the shoulder was sustained during the Accident, but that the initial pain of the knee injury overshadowed the appellant's shoulder pain. Dr Daun submitted a medical certificate to the respondent the same day, requesting that the respondent add the shoulder injury to the appellant's claim. [18] On 16 October 2018, the respondent sought comment from Dr Caroline Graas, Medical Advisor, in relation to whether it is possible the Accident caused th...