Search Results

1. [2009] NZEmpC WC 17/09 Idea Services Ltd v Dickson [pdf, 84 KB]

   ...His work involves supporting and caring for people with disabilities living in community homes. For part of the time, Mr Dickson is involved in constant activity and is paid at a rate well above the minimum wage. Several nights a month, he performs “sleepovers” in the home. During these times, he is responsible for the health and safety of the residents and must be available to attend to any specific issues which arise in the home but may otherwise sleep or quietly do as he w...

2. [2012] NZEmpC 53 New Zealand Educational Institute (Inc) v The Boards of Trustees of Te Mata, Parkvale and Frimley Schools [pdf, 183 KB]

   ...designed to allow teachers to move through a process demonstrating the quality of their practice against a prescribed set of knowledge, skills and attributes, and enabling them to progress to the top step of the salary scale. [9] The AST model formed part of the negotiations for the 2007 collective agreement. The plaintiff’s claims included a claim for increased remuneration; full roll out of the AST model by July 2008 (and of the other career pathways models of mentor and midd...

3. Guo v CAC304 & Ors [2015] NZREADT 35 [pdf, 258 KB]

   ...without a bid at auction. 2.9 On 11 July 2013 licensee 1 contacted the purchasers to inform them that the property had not sold at auction and was now listed at an asking price of $639,000. 2.10 On 20 July 2013 Barfoots agreed with the vendor’s request to release them from the sole agency agreement and withdraw the property from sale. 2.11 In early August 2013 the property was listed for sale by Blue Fern Realty Limited trading as Harcourts Henderson Heights (Harcourts HH). 2.12...

4. Whare v Trustees of Pukerewa A Trust - Pukerewa A (2015) 95 Waikato Maniapoto MB 105 (95 WMN 105) [pdf, 252 KB]

   ...contended that the terms of reference for the sub-committee were clear, they knew what the budget was and they were obliged to report to the Trust. They failed to properly supply the trustees with reports and financial information, despite repeated requests, and as a consequence money was expended by the sub-committee before the trustees were aware that the budget had been exceeded. 95 Waikato Maniapoto MB 119 [55] Mr Clark further submitted that the strategic planning wanang...

5. The Māori Trustee - Poike 8E (2015) 101 Waikato Maniapoto MB 286 (101 WMN 286) [pdf, 272 KB]

   ...owners. At the time of hearing in April 2015 there was no governance structure in place for Poike 8E. [2] Mr Valentine Nicholas, an owner in the block, arranged for the Bay of Plenty Polytechnic (“the Polytechnic”) to lease the land on an informal basis for the purposes of a car park. The Polytechnic agreed to pay $50,000 per annum, and by the time of the filing of the applications by the Māori Trustee (set out below) the arrangement had been in place for about three years....

6. [2016] NZEmpC 39 Fox v Hereworth School Trust Board Costs [pdf, 281 KB]

   ...would be returned to Mrs Fox;  that the parties would not “speak ill of one another”; and  that the fact and terms of the settlement would remain strictly confidential to the parties. [13] A response to this proposal was requested by the plaintiff’s solicitors within five days and the proposal would lapse after this deadline. The plaintiff says that there was no response from the defendant at all to that offer before it expired. She now says that the amoun...

7. Kendal v Sherbourne LCRO 69 / 2009 (19 August 2009) [pdf, 57 KB]

   ...Trust and Ms Kendal. On this basis he claimed that rule 1.04 of the Rules of Professional Conduct had been breached. That rule provides: A practitioner shall not act for more than one party in the same transaction or matter without the prior informed consent of both or all parties. 13 The commentary to that rule also observes that “A conflict of interest does not exist between parties simply because the practitioner is acting for more than one of them”. [51] It is widely a...

8. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

   ...Both parties commented on the Costs Assessor’s report. Ms EB challenged the accuracy of Ms DA’s time records, and raised a number of issues including her belief that Ms DA did not use her time efficiently. [14] Ms DA said she had kept Ms EB informed of her fees on “each occasion that she was required to make further payments into trust”, and admits that she “did not provide her with invoices at the time”.13 She describes Ms EB as a “very distressed and demanding clie...

9. LCRO 60/2017 NV v GW (31 July 2017) [pdf, 191 KB]

   ...issue directly on review (she does not specifically state in her application that she seeks to review the Committee’s decision in respect to the competency argument) but rather she appears to address the issue in peripheral fashion by making request for this Office to complete an analysis as to “whether the settlement agreement negotiated on my behalf is deemed a satisfactory result”.5 [35] She contends that Ms GW failed to provide her with robust representation at the media...

10. McCleery – Waihaha 3D2 Inc (1997) 1 Waiariki Appellate MB 67 (1 AP 67) [pdf, 1.4 MB]

    ...appoint one or more persons to investigate the affairs of the Incorporation and asked the Committee of Management to advise whether for that purpose it wished to make written submissions or to be heard at a sitting of the Court. 4. The Incorporation requested a hearing which was held at Rotorua on 2 April 1996 and is recorded at 67 Taupo Minute Book 243-255. The hearing was attended by Mr Cairncross the secretary, three members of the Committee of Management and three owners. After hearin...