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1. [2007] NZEmpC AC 46/07 Eurera-Morrison v New Zealand Post Ltd [pdf, 94 KB]

   ...relied on by Mr Coker as an essential element of his decision that the plaintiff was guilty of serious misconduct. The actions of Messrs Coker and Taylor, constituted the brief “initial examination” of the allegation of misconduct in terms of clause 5 of the EPMU CA. As the “initial examination” clearly indicated that serious misconduct may have occurred, in terms of clause 6 of the EPMU CA, this would have justified her suspension at that stage and should have led to the...

2. O'Reilly v CAC301 & Anor [2015] NZREADT 15 [pdf, 295 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 15 READT 057/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN DALE MARIE O’REILLY Appellant AND REAL ESTATE AGENTS AUTHORITY (per CAC 301) First respondent AND ROSALIE BUCHANAN Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger - Member Ms C Sandelin - Member HEARD at PALMERSTON NORTH on 2 Februar

3. [2017] NZEmpC 97 Nel v ASB Bank [pdf, 216 KB]

   ...statement of claim starts with an overarching allegation that Mr Nel’s dismissal was not what a reasonable employer could have done in the circumstances at the time of the dismissal, having regard to the statutory test of justification. Several sub-clauses then describe why the dismissal was unjustified. [66] Sub-clause 42(d) is one of these, describing the assertion of disparity of treatment. It asserts that this arose in the context of a “workplace culture of alcohol abuse...

4. Ngunguru Coastal Investments Ltd v Climo - Horahora 1B4A2D1 and others [2012] Māori Appellate Court MB 80 (2012 APPEAL 80) [pdf, 494 KB]

   ...COASTAL INVESTMENTS LIMITED MAC 2012 Maori Appellate Court MB 80 [1 March 2012] IN THE MAORI APPELLATE COURT OF NEW ZEALAND TAITOKERAU DISTRICT 2012 Maori Appellate Court MB 80 (2012 APPEAL 80) A20110007940 A20110008078 UNDER Section 58, Te Ture Whenua Maori Act 1993 IN THE MATTER OF appeals against a decision of the Maori Land Court made on 15 June 2011 at 22 Taitokerau MB 209-228 in respect of HORAHORA 1B4A2D1, HORAHORA 1B3, HORAHORA 1B4B4 and HORAHORA 1...

5. [2021] NZEnvC 192 Northport Limited v Whangarei District Council [pdf, 1.5 MB]

   ...the Whangarei District Plan BETWEEN NORTHPORT LIMITED (ENV-2021-AKL-109) Appellant AND WHANGAREI DISTRICT COUNCIL Respondent Court: Judge J A Smith presiding (In Auckland) Commissioner SK Prime (VMR Northland) Hearing: 4 – 5 November 2021 8 November 2021 Last case event: 8 November 2021 Appearances: CH Simmons and J Golightly for Northport Limited (Northport) (in Court / VMR Whangarei) R Enright for C George and Others (Residents) s 274 P...

6. [2022] NZIACDT 27 - ZK v Li (8 November 2022) [pdf, 212 KB]

   ...complainant had advanced at the outset. This was not therefore a case where Mr Li was obliged to notify the complainant that the case had no chance of success. [80] As for the allegation that Mr Li failed to maintain copies of written communications, clause 26(a) is about an adviser’s care in “maintaining” such records as may have actually been generated in the course of dealing with the client, not whether an adviser made records at the time. Mr Laurent contends this clause...

7. 2023-09-26-SOE_Mark-St-Clair_Planning.pdf [pdf, 337 KB]

   IN THE ENVIRONMENT COURT WELLINGTON REGISTRY I TE KŌTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ROHE ENV-2023-WLG-000005 UNDER the Resource Management Act 1991 IN THE MATTER the direct referral of applications for resource consents and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project BY WAKA KOTAHI NEW ZEALAND TRANSPORT AGENCY Applicant STATEMENT OF EVIDENCE OF MARK LESLIE ST CLAIR ON BEHALF OF

8. Marumaru v Waipakuranui Incorporation (2012) 279 Aotea MB 137 (279 AOT 137) [pdf, 294 KB]

   ...137) A20090018486 UNDER Section 280, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Waipakuranui Incorporation BETWEEN TE HOEROA BAILEY MARUMARU Applicant AND WAIPAKURANUI INCORPORATION Respondent Hearing: 265 Aotea MB 1, 23 March 2011 (Heard at Whanganui) Appearances: Mr J Unsworth (for Applicant) Mr T Bennion (for Respondent) Judgment: 17 February 2012 RESERVED JUDGMENT OF DEPUTY CHIEF JUDGE FOX

9. Te Tii Waitangi B3 Trust (2011) 17 Taitokerau MB 294 (17 TTK 294) [pdf, 110 KB]

   ...from whanau with other agendas which they cannot withstand or sheer obstinence because of longstanding personal disagreements with fellow trustees is not clear. While trustees are entitled to disagree with their fellow trustees (see ss 227 and clauses 16 and 17 of the trust order), where they do so for irrational reasons it reflects poorly on their ability to act as trustees. As I have already said, the structure of the purchase via a company is entirely appropriate and I will make...

10. LCRO 97/2015 SD v ET and CH (10 May 2017) [pdf, 163 KB]

    LCRO 97/2015 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee X BETWEEN SD Applicant AND ET AND CH Respondents The names and identifying details of the parties in this decision have been changed. DECISION Introduction [1] Ms SD has applied for a review of the determination by [City] Standards Committee X to take