Search Results

1. [2011] NZEmpC 128 McKean v Ports of Auckland Ltd [pdf, 130 KB]

   ...article, and that this effectively renders him immune from disciplinary action, that argument appears to be weak, is not supported by what limited authority there is on the point, and does not accord with well accepted principles relating to the enduring nature of the mutual obligations owed by employees and employers. [40] It appears to be strongly arguable that the conduct in question did constitute offensive behaviour prohibited by the collective agreement and justifying instant...

2. [2012] NZEmpC 186 Walker v Procure Health Ltd [pdf, 153 KB]

   ...of Ms Walker’s health on the stress in her workplace and she supplied the Court with details of the treatment she provided. [41] In addition, the Court has evidence from Sally Walker in her affidavit, about the stress her sister has had to endure. Sally Walker described the stress level as “immense”. She went on to state: 18. I have lived and breathed Vicki’s life for the last five years. I have watched her struggle to earn a living and to hold her head up. I pers...

3. Lomax v Apatu – Awarua o Hinemanu Trust (2013) 22 Takitimu MB 282 (22 TKT 282) [pdf, 137 KB]

   ...of them, Mr Toatoa, expressed surprise that he was still a responsible trustee given that he had resigned soon after his appointment. That evidence was not contradicted by the other trustees. One of the trustees, Mrs Mauger, is subject to an enduring power of attorney and it is said has suffered various health challenges including the after and ongoing effects of being involved in a serious car accident some time ago. Another trustee, Ms Tuhi expressed concern at recent events and...

4. Auckland Standards Committee v Slack [2012] NZLCDT 40 [pdf, 162 KB]

   ...Society [2012] NZCA 401. 12 the parties had undertaken the preliminary meeting to see if they were able to resolve the dispute. [42] The Court noted that the drafting of W’s undertaking was imprecise, as it could be interpreted as enduring beyond that point, until the dispute was resolved by agreement or by judgment of the court.7 [43] We consider that case is in a different category to the present matter before us. In W the practitioner undertook to lodge funds i...

5. Auckland Standards Committee 2 v Parshotam [2016] NZLCDT 15 [pdf, 110 KB]

   ...outlined in D’s letter of 10 June 2015. When I first received a copy of the complaint, I considered immediately firing off a stinging rebuke. However, I was made aware of S and K’s relationship breakdown and the emotional turmoil that they have endured recently … That being said, I am still extremely disappointed that I have been dragged into what I consider is a private matter between S and K.” [17] Later he said: “I attended on all five parties for signing of the document...

6. JK v OC LCRO 254/2013 (10 February 2015) [pdf, 93 KB]

   ...The allegations made are framed in the language of corruption. He is accused of wilfully perverting the course of justice. [114] Mr JK has cast the net of allegation widely. [115] Mr OC, as a senior and experienced counsel is well equipped to endure the slings and arrows of a degree of outrageous fortune, but experience and seniority do not provide an impervious shield to attack on personal reputation. [116] I consider this is one of those rare cases where it is appropriate to...

7. E69 Philip Brown - Planning - EIC - Sanford Ltd [pdf, 848 KB]

   ...that such an amendment is essential given that there is currently no certainty for Sanford and AFPL that suitable alternative berthage will be provided for them. That is not, in my view, a tenable situation for a regionally important industry to endure. A fall-back position needs to be enabled by the conditions if the Auckland east coast fishing industry is to be protected from the possibility of its Auckland-based fleet operations being effectively shut down during the periods...

8. Parininihi Ki Waitotara Incorporation- Section 53 Block IX, Opunake Survey District (2005) 159 Aotea MB 146 (159 AOT 146) [pdf, 1.2 MB]

   ...context of the premnble to the Act and the principle of retention. In sun1rnary, both respondents emphasised that the loss of these lands from PKW would represent a final and calamitous undoing of the bare relnnants of the hapu structures that had endured through the hardships and trauma wrought by raupatu. In their view, the application should without hesitation be dislnissed. Minute Book: 159 AOT 152 Case La,,, [13 J The principal Maori Appellate Court authorities on status ch...

9. [2020] NZSAAA 2 (13 March 2020) [pdf, 279 KB]

   ...In addition, [she] has been and is still providing significant financial support to the applicant. It is commended what [she] does for the applicant and her continued support she provides to him, especially with her own personal hardships she is enduring. [14] In arriving at this conclusion the Secretary emphasises • The fact that she applied for and was granted guardianship of the appellant when he was six months old. • That L clearly regards herself as the appellant’s mothe...

10. [2019] NZEnvC 153 Selwyn Quarries Limited v Canterbury Regional Council [pdf, 4.7 MB]

    ...consent holder to conduct their activities in accordance with the management plan and finally, provide that the management plan will be periodically reviewed. Depending on their subject matter, the management plan will state whether the plan is to endure for the lifetime of the consent. None of these conditions are proposed. This is possibly deliberate, if it is not intended that the 34 Hearings Commissioners' decision at [328(h)]. 35 Hearings Commissioners' decision at [32...