Search Results

1. [2009] NZEmpC AC 11/09 EBIIWU v Pedersen Industries Ltd [pdf, 32 KB]

   ...the collective agreement, I find that Appendix 1 and, in particular, the part of that under the heading “Tool Account”, is not unambiguous without reference to extraneous material. I am satisfied that the employer’s interpretation of the clause is correct and there are a number of indicia of that interpretation elsewhere in the provision and in the collective agreement generally. These 4 Wholesale Distributors Ltd v Gibbons Hol...

2. Mohammadalibeigy v Yap [2015] NZIACDT 64 (25 May 2015) [pdf, 178 KB]

   ...complainant’s qualifications in excess of what it actually cost, and did not repay the excess. [3] The Tribunal upheld the complaint on grounds of negligence (section 44(2)(a), Immigration Advisers Licensing Act 2007 (the Act)) and the breach of clauses 1.1(a), (b); 2.1(b); 3 and 3(d) of the Immigration Advisers Code of Conduct 2010 (the 2010 Code). These grounds were upheld on the basis that the advice was wrong, that unlicensed persons provided the advice unlawfully and Mr Yap did n...

3. ABC v ZZB [2013] NZDT 34 (25 March 2013) [pdf, 78 KB]

   ...unable to obtain any kind of written statement from them, or other local authority, acknowledging his reporting of the theft. [11] The policy also provided that ABC must prove his loss to the “reasonable satisfaction” of his insurer. This clause goes on to talk about proof of ownership and value. The ISO report (pages 4–8) discussed the evidence of ownership and value provided by ABC and his wife to ZZB. ABC described the gold biscuit in his insurance claim as being a 24...

4. Walters - East Taupo Lands Trust (2011) 272 Aotea MB 241 (272 AOT 241) [pdf, 118 KB]

   WALTERS MLC 272 Aotea MB 241 10 October 2011 IN THE MAORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT 272 Aotea MB 241 (272 AOT 241) A20110005164 UNDER Section 237, Te Ture Whenua Maori Act 1993 IN THE MATTER OF East Taupo Lands Trust BETWEEN ERIC WALTERS Applicant Hearing: 23 September 2011 (Heard at Taupo) Appearances: C Batt for the Trustees Gerard Te Heuheu in person Judgment: 10 October 2011 RESERVED JUDGMENT OF JUDGE LR HAR

5. Miller-Hard v Stewart [pdf, 52 KB]

   CLAIM FILE NO: 00765 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN NICOLE ODETTE MILLER-HARD Claimant AND MELANIE GAIL STEWART First Respondent AND ROBIN LAWRENCE FORD Second Respondent AND BAY BUILDING CERTIFIERS LIMITED Third Respondent AND No Fourth Respondent, the TAURANGA DISTRICT COUNCIL having been struck out. AND No Fifth Respondent, GEOFFREY MORRISON having been struck out

6. [2016] NZSSAA 015 (11 March 2016) [pdf, 42 KB]

   ...Programme. This is a welfare programme established by the Minister pursuant to the provisions of s 124(1)(d) of the Social Security Act 1964. The programme sets out the kinds and amount of employment or work readiness assistance that can be paid. Clause 8(b) provides for the lump sum payment for business start-up costs. [19] Flexi-wage is not one of the types of assistance listed in the schedule to the Programme. On behalf of the Chief Executive, Mr Signal advised that this assistance...

7. [2021] NZEmpC 46 Allison v Ceres New Zealand LLC [pdf, 225 KB]

   DAVID ALLISON v CERES NEW ZEALAND LLC [2021] NZEmpC 46 [15 April 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2021] NZEmpC 46 EMPC 218/2020 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application to set aside witness summons BETWEEN DAVID ALLISON Plaintiff AND CERES NEW ZEALAND LLC Defendant

8. [2020] NZEmpC 85 Labour Inspector v Cypress Villas Ltd [pdf, 184 KB]

   ...to any conduct of the parties tending to increase or contain costs, including any offer made by either party to the other, a reasonable time before the hearing, to settle all or some of the matters at issue between the parties. (2) Under subclause (1), the court— (a) may have regard to an offer despite that offer being expressed to be without prejudice except as to costs; but (b) may not have regard to anything that was done in the course of the provision of mediation servi...

9. HY v RB & YR [2019] NZDT 1217 (7 October 2019) [pdf, 167 KB]

   ...AND RB RESPONDENT YR SECOND RESPONDENT Date of Order: 7 October 2019 Referee: Referee: J Robertshawe ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that RB and YR are to pay to HY the sum of $15,000 on or before 30 October 2019. Facts [1] On 4 December 2018, Ms HY purchased a rural property at X Road, Suburb, City from Mr RB and Mr YR (the vendors) for $1.7 million (the “Contract”). [2] Settlement took place on 18 December

10. [2022] NZEnvC 102 Hall v Dunedin City Council [pdf, 685 KB]

    ...appeal is allowed subject to the changes shown in Appendix 1 (‘B’ and ‘C’) are made; (2) that the parts of the appeal by Douglas Wayne Hall (DCC Reference numbers 37 and 339) are resolved and that the appeal is dismissed. 2 B: Under s285 of the Resource Management Act 1991, there is no order as to costs. REASONS Introduction [1] This proceeding concerns an appeal by Douglas Wayne Hall regarding the zoning of 636 North Road in the Proposed Second Generation Dunedin...