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IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 60 ACR 50/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN EVERLAINE MARTINS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: L Martins for the appellant P McBride for the respondent Judgment: 12 April 2022 RESERVED JUDGMENT
...five saw doctors were members of another union, the New Zealand Amalgamated Engineering, Printing and Manufacturing Union Inc (EPMU). They were members of that union when it entered into a collective agreement with CHH that was current between 2005 and 2008 but has now expired. The collective agreement contained an employment protection provision (EPP) pursuant to s69OJ. [5] The EBIIWU asserts that although the terms of settlement for the 2005-2008 collective agreement eventually...
...be stayed pending outcome of appeal – orders stayed. [2017] NZEmpC 95 Fraser v McDonalds and Doran v Carrick (Judgment of the Full Court, 4 August 2017) SECTION 67D AVAILABILITY PROVISION – whether ‘flexible shift’ arrangement was availability clause – IEAs included mix of secure and ‘flexible hours based on availability – on facts, mutuality of obligations - not one-sided – therefore clause did not meet requirements of s 67D. [2017] NZEmpC 92 P v A (Interlocutory Judgment...
...Faulknor Ninth respondent And David Cole Tenth respondent Determination 2 October 2006 1. Index 1. Index 1 2. Summary 2 3. Adjudication Claim 4 4. The Dwellinghouse 6 Determination 02643.doc Determination 02643.doc 2 5. The Claim 10 6. Contributory Negligence 17 7. Location of Leaks, Damage and Repairs 22 8. Liability: D E Witana – 5th Respondent - Builder 28 9. Liability: R E Salt and J L Quilter (formerly Salt) - 3rd and 4th Respondents: Owners...
...it was worth. 4. Mr Tapper told her in a phone call to stop requesting more information regarding the property, as it was going to cost him the sale. 5. She was advised against getting a building report. The pages in the agreement with the clauses relating to this do not have her initials and she did not see them. 6. It was not correct, as the agency claimed, that she was aware of the unconsented work on the barn as a result of not being able to obtain insurance. She had trou...
...INTERIM DECISION 2021 A: 2 INTERIM DECISION OF THE ENVIRONMENT COURT Topic 14- Glenorchy Aerodrome designation The appeal is allowed in part. Directions are made for limited supplementary submissions on the revised conditions in Annexure 5 and for Queenstown Lakes District Council to report on finalisation of the modified designation for inclusion in the District Plan. B: Costs are reserved, but applications are not encouraged. REASONS Background1 [1] This appeal in th...
...signed the agreement, Ms Hamon proposed an amendment recognising her role with Wahine Ora. She knew that her obligations to Wahine Ora would give rise to conflicts of interest and she would then have difficulties with the conflicts of interest clause in the agreement. However, the new clause inserted in the agreement simply did not adequately spell out what she was proposing. Mr Noonan knew of Ms Hamon’s continued running of programmes for Wahine Ora while performing her functi...
...Mahanga, Anthony Munroe, Joeann Walters, Romer Mahanga and Arepa Patira (who is deceased). The trust deed for the Owhetu Charitable Trust has been filed with the Registrar of Incorporated Societies as required under the Charitable Trusts Act 1957. Clause 4.2 of the trust deed states that: 4.2 The beneficiaries of the Trust shall be: (a) All Maori residing within the Te Waiariki, Ngati Korora, Ngati Taka rohe and the wider community the [Aponymus] tupuna Te Huaki and Tukaiteur...
...terminate the employment of academic staff who are members of TEU or give notice of termination of their employment, until AUT has complied with all applicable provisions of Part 10 of the [collective agreement], and in particular complied with clause 10.3.3(i). D. AUT must identify specific positions as surplus by reference to the name of the current position holder, and where there is more than one position and more than one employee per position, AUT shall then call for 2 Fi...
...filed and served on 18 December, which was supported by affidavits earlier made by acoustic engineer Mr PA Ibbotson and by Mr A F Grant. [4] At this stage the council appointed senior counsel who filed and served a memorandum on 21 December. [5] On 22 December I conducted a half-day hearing that examined aspects of a settlement proposal by the appellant and comments by the council, together with comments by the s 274 parties . [6] Ultimately there was full agreement about condit...