Search Results

1. [2010] NZEmpC 150 Williams v Chesterton Group Ltd (In Liquidation) [pdf, 35 KB]

   ...1 AA400/09, 12 November 2009. claim for costs in respect of those proceedings under ss 308(b) and 308(c) of the Companies Act 1993. [3] Section 63A of the Act provides materially as follows (with my emphasis on the clauses particularly in issue in this case): 63A Bargaining for individual employment agreement or individual terms and conditions in employment agreement (1) This section applies when bargaining for terms and conditions of employment in the...

2. [2011] NZEmpC 15 ABC Development Learning Centres v Plasmeyer [pdf, 103 KB]

   ABC DEVELOPMENTAL LEARNING CENTRES (NZ) LIMITED V DONNA PLASMEYER NZEmpC AK 23 February 2011 IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 15 ARC 50/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN ABC DEVELOPMENTAL LEARNING CENTRES (NZ) LIMITED Plaintiff AND DONNA PLASMEYER Defendant Hearing: 14 February 2011 (Heard at Auckland) Counsel: Jo Douglas, counsel for plaintiff Steven Zindel,

3. [2008] NZEmpC WC 20/08 Musa v Whanganui DHB and Soloman [pdf, 40 KB]

   ...2008 following which the plaintiff resigned his position but agreed to perform his obligations to the DHB until 31 July 2008. [13] The settlement agreement included an agreed media statement by the plaintiff and the DHB and a confidentiality clause: The parties undertake that they will not hereafter speak ill of each other. The parties have agreed that both the terms of the settlement, and all matters discussed between them leading up to this settlement, are to remain confident...

4. Davis & Ors v CAC 20004 & Anor [2013] NZREADT 102 [pdf, 101 KB]

   ...auctioneer announced that it was the purchaser’s responsibility to clear any Body Corporate levies if there were any, but did not specifically address the fact that there were $15,767.16 in outstanding levies. The Condition of Sale contained a clause which said that the vendors would not make payment of any outstanding levies. There was a ‘No Warranties by Vendor’ provision in the agreement. [4] Ms Liu bought the property at auction and discovered before settlement that she wou...

5. [2017] NZEmpC 1 Lyttelton Port Co v The Rail and Maritime Transport Union Inc (No.2) [pdf, 101 KB]

   ...late stage would have been both impracticable and could potentially have led to confusion and uncertainty. Accordingly, I declined to make any amendments to the relevant order for the purposes of the weekend of 31 December 2016/1 January 2017. [5] I considered it appropriate for LPC and MUNZ to attend mediation as soon as possible, with regard to their unresolved bargaining. I directed that this should take place on or before 5 January 2017. I also directed that the MUNZ applicat...

6. [2021] NZEmpC 85 Wilson v Manukau Institute of Technology [pdf, 243 KB]

   BRIAN WILSON v MANUKAU INSTITUTE OF TECHNOLOGY [2021] NZEmpC 85 [11 June 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2021] NZEmpC 85 EMPC 24/2021 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of a challenge to objection to disclosure BETWEEN BRIAN WILSON Plaintiff AND MANUKAU INSTITUTE OF TECHNOLOGY De

7. [2022] NZEmpC 232 Kang v Saena Company Ltd [pdf, 249 KB]

   ...[185]. 5 At [186]. 6 “Employment Court of New Zealand Practice Directions” <www.employment.govt.nz> at No 16. http://www.employment.govt.nz/ [10] Mr Kim said that costs should accordingly lie where they fall. Principles [11] Clause 19 of sch 3 of the Employment Relations Act 2000 (the Act) governs the award of costs in the Court. The principles are well known and are set out in Court of Appeal judgments including Victoria University of Wellington v Alton-Lee,...

8. [2023] NZEnvC 053 Bennett v Dunedin City Council [pdf, 761 KB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 53 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14(1) of the First Schedule of the Act BETWEEN GRAEME AND MARIE BENNETT (ENV-2018-CHC-227) (ENV-2018-CHC-228) Appellants AND DUNEDIN CITY COUNCIL Respondent Environment Judge P A Steven – sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 29

9. Nepata v Karaitiana - Runanga 2D (2023) 299 Waiariki MB 8 (299 WAR 8) [pdf, 250 KB]

   ...unfortunately, is no stranger to this Court. There have been ongoing applications with trusts administering neighbouring land blocks, namely Runanga 2E Ahu Whenua Trust and the East Taupō Lands Trust (A20190006614, A20190006616, and A20220007445). The applications have been difficult to progress given internal matters with the trustees of Runanga 2D Trust. This has also affected decision making and conversations between the neighbouring trust boards and the Runanga 2D Trust. [3]...

10. 2021-03-11 ORC PC7 - Transcript (up to end of day 2 - 9 March 2021) [pdf, 1 MB]

    ........................................................ 89  RICHARD MARK ALLIBONE (AFFIRMED) .......................................................................................... 90  QUESTIONS FROM THE COURT: COMMISSIONER BUNTING .................................................. 105  CROSS-EXAMINATION: MS WILLIAMS ........................................................................................ 108  CROSS-EXAMINATION: MS BAKER-GALLOWAY ...........................................