Search Results

1. [2007] NZEmpC AC 53/07 Hansells (NZ) Ltd v Ma [pdf, 91 KB]

   ...Authority’s conclusion. [68] The challenge has been successful and the defendant is not entitled to a “severance payment of 4 weeks” under the 2006 CA. The Authority’s award of $2,284.60 severance pay is therefore set aside. [69] Costs are reserved and, if they cannot be agreed, may be addressed by an exchange of memoranda, the first of which is to be filed and served within 30 days from the date of this judgment. A memorandum in reply may be filed within a further 2...

2. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

   ...disrepute and therefore amounted to serious misconduct which justified his dismissal. This was a decision which, in all the circumstances, was open to the defendant as a fair and reasonable employer. The challenge is therefore dismissed. [66] Costs are reserved. If they cannot be agreed they may be the subject of an exchange of memorandum, the first of which is to be filed and served within 30 days of this judgment. A memorandum in reply should be filed and served within a f...

3. [2012] NZEmpC 49 Miller v Fonterra Co-Operative Group [pdf, 175 KB]

   ...but the weight to be given to it will be a matter for the trial judge. Result [70] Mr Young’s affidavit is admissible. The weight to be accorded to it is for the trial judge. [71] Documents 47, 54, 57 and 76 are not admissible. [72] Costs are reserved. Christina Inglis Judge Judgment signed at 9.45am on 19 March 2012

4. [2015] NZEmpC 164 Wellington Free Ambulance Service Inc v Austing Anor [pdf, 143 KB]

   ...of the case requires the grant of interim reinstatement on the terms provided for in the mediated settlement and I so order. Conclusions [72] The plaintiff's challenge is dismissed. [73] As requested by counsel, I reserve the issue of costs. A D Ford Judge Judgment signed at 10.00 am on 24 September 2015 10 NZ Tax Refunds Ltd, above n 2, at [47].

5. The Māori Trustee - Pt Sec 1 Blk 1 Punakitere SD (2016) 124 Taitokerau MB 231 (124 TTK 231) [pdf, 242 KB]

   ...take it on. Probably a lease for 21 years with first 6-8 years free of rent and rent then to commence on some basis to be decided on. Terms to include safeguards for wahitapu so that such shall be properly respected, preferably fenced off. How cost of fencing wahitapus to be borne to be gone into. (b) Any proceeds available to be expended on wahitapus on the land and any surplus on any marae of the Ngatimoerewa. Qualified to the extent that such trusts may be varied on applicat...

6. [2013] NZEmpC 56 Hamon v Coromandel Independent Living Trust [pdf, 132 KB]

   ...further order of a Court the order I made on 24 July 2012 suppressing all references in any affidavits or submissions as to what was actually alleged to have been said at the mediation will continue in force until further order of the Court. [46] Costs have been sought by the defendant. If they cannot be agreed the defendant’s memorandum should be filed and served by 26 April 2013 and the plaintiff’s memo should be filed and served by 10 May 2013. B S Travis Judge...

7. [2013] NZEmpC 117 Morgan v Whanganui College Board of Trustees [pdf, 163 KB]

   ...arisen. The plaintiff’s challenge to the Authority’s determination is dismissed and, because of the effect of s 183(2), I make an order to the same effect as the Authority’s. [85] On this aspect of the case, the defendant is entitled to costs which are reserved. GL Colgan Chief Judge Judgment signed at 8.30 am on Tuesday 2 July 2013

8. Houpapa v Woods - Taharoa A Sec 6D No 2 (2012) 44 Waikato Maniapoto MB 167 (44 WMN 167) [pdf, 134 KB]

   ...do not consider that Mr Houpapa or his whānau would suffer hardship by reason of not obtaining the proposed access to the land. 44 Waikato Maniapoto MB 188 Decision [79] For the reasons given above the application is dismissed. Costs are reserved. Pronounced in open Court at 2.30 pm in Hamilton on the 24th day of August 2012. S Te A Milroy JUDGE Background Farming on Taharoa A Section 6D No 2 Applicant’s evidence Access by boat Foresho...

9. Molenaar v CAC 10066 & MacDonald & Newman [2012] NZREADT 74 [pdf, 79 KB]

   ...few days later before mailing the contract form to the Invercargill lawyer, Ms MacDonald telephoned the appellant and advised her that she should get the LIM report because the real estate firm were obtaining one in any case and there would be no cost to the appellant. The latter agreed to that and, on 18 August 2010, the lawyer was sent not only the form of sale and purchase agreement but a copy of the LIM. On 2 September 2010 the lawyer confirmed with Ms MacDonald that the LIM had bee...

10. Tahata v Tahata- Ngāwhakatutu A1A Incorporation (2014) 37 Tairawhiti MB 217 (37 TRW 217) [pdf, 283 KB]

    ...As Chairperson the responsibility for the misappropriation of funds by Gordon Kaiwai was a major part of my time, energy and determination for five long ears to bring Gordon to account for what he did. This culminated in his conviction without cost to Proprietors of Ngāwhakatutu A1A & Other Blocks Inc for legal fees, which we could not afford by utilizing the NZ Police. Unfortunately ‘fraud’ as we see so many instances in NZ is devastating to shareholders and Whānau, dete...