Search Results

1. [2006] NZEmpC CC 12/06 Bayliss Sharr & Hansen v McDonald [pdf, 85 KB]

   ...agree about the content of the bundle of documents to be made available to the Court. This was the subject of a memorandum from Mr Twomey on 10 March 2006. [5] This memorandum raised for the first time a fundamental problem inherent in the form of the proceedings. The plaintiff sought to challenge findings of fact made by the Authority and have them set aside in a non de novo hearing in which no evidence was to be called. That was something which the Court was not properly abl...

2. [2007] NZEmpC WC 25/07 AFFCO NZ Ltd v Nepia & Anor [pdf, 82 KB]

   ...further explanations. Mr Morunga replied “Nothing”. Mr King then advised him that he was dismissed and asked him if he had anything to say. Mr Morunga said that he was being sacked on what other people said. Mr King said yes. Mr Morunga then requested a copy of the letter outlining why he was being dismissed. [34] At Mr Nepia’s disciplinary meeting on 19 April 2006, Mr Archer asked him if he had any questions before they started. He answered no. The same allegations f...

3. [2012] NZEmpC 218 NZ Airline Pilots Association v Mt Cook Airlines Ltd [pdf, 147 KB]

   ...of the identified statutory obligations as meaning the amount of pay that the employee would have received had he or she worked on the day concerned. That pay plainly included the pay for ordinary hours of work but was extended to include other forms of remuneration such as productivity or incentive-based payments (including commission); payments for overtime; and the cash value of board and lodgings provided by the employer. We note that this is an inclusive definition so that ot...

4. O v CAC 10028 & T [2011] NZREADT 15 [pdf, 184 KB]

   ...The CAC accepts that Mr O does not choose to display website addresses in order to make the buyers ring him directly. Continued to advertise their property after the agency agreement ended The CAC accepts that Mr O removed the advertising when requested by the Ts but in future should be aware of his advertising and marketing obligations under the Professional Conduct and Client Care Rules 2009. Was misleading in the use of statistics in his own advertising In the CAC’s view...

5. Ngamoki-Cameron - The Proprietors of Mangaroa (2015) 119 Waiariki MB 225 (119 WAR 225) [pdf, 323 KB]

   ...marcia@tairawhiticlc.co.nz Dr J Turner, P O Box 2338, Auckland jwt@xtra.co.nz mailto:marcia@tairawhiticlc.co.nz mailto:jwt@xtra.co.nz 119 Waiariki MB 226 Introduction [1] On 26 November 2014 I dismissed an application filed by Carl Ngamoki-Cameron requesting an investigation into the conduct of the election for the Proprietors of Mangaroa & Other Blocks Incorporated. By decision dated 12 March 2014 I determined that the then chairperson, Erueti Koopu, had re...

6. Pirika v Mita - The Estate of Nepia Enoka Mita [2014] Chief Judge's MB 685 (2014 CJ 685) [pdf, 373 KB]

   ...Mourea Trust 1373.76 $315.89 Ngati Whakaue Tribal Lands Inc 1047.99 $1756.30 Waione 3B8 Inc 83.9333 $89.03 Pukeroa Oruawhata Trust 0.087 $54.09 Rotoiti 15 Trust n/a $46.21 Te Tumu Kaituna 14 Trust 29.14 n/a 16. On the 10 August 2011 we requested an update of payment details and are still awaiting a response. Reference to areas of difficulty 17. The evidence provided indicates that the deceased and Maureen Elizabeth Mita intended to adopt Ngahuia Jade Mita. How...

7. ENVC Hearing 6Oct14 WML evidence chief John Leman [pdf, 4.3 MB]

   ...measurements was undertaken by MetOcean Solutions1 and further wave modelling by Cardno2. These studies, in conjunction with a more in-depth review of acceptable marina wave climate criteria by my consultancy (International Marina Consultants), formed the basis for refinement and finalisation of the marina facilities proposal. 6. I have visited the site on several occasions including March 2014 where I visited other possible marina sites around Waiheke Island that were raised as...

8. [2014] NZEmpC 79 Brook v Macown Gainsford Crozier and Kennedy [pdf, 132 KB]

   ...instructions from their member organisations on how they were to cast various votes. I do not need to reach a concluded view on these matters given the conclusions I have reached. [65] The plaintiff’s claims are dismissed. [66] At the request of both parties costs are reserved. The parties are encouraged to seek to agree costs. If that does not prove possible the defendants may file and serve a memorandum and any supporting documentation within 30 days of today’s...

9. [2014] NZEmpC 137 Pollard Contracting Ltd v Donald [pdf, 130 KB]

   ...employment relationship problems may be resolved, consistent with section 65 (2) (vi) of the Employment Relations Act 2000. This clause was taken from the Department of Labour website, and is the clause referred to on that website as ‘Short Form’. 4. The Plaintiff sent the Defendant a new individual employment agreement in November 2011. This agreement also contained a plain language explanation of how employment relationship problems may be resolved. 5 The Plainti...

10. ENVC Hearing 6Oct14 AC evidence chief Sam Shumane [pdf, 378 KB]

    31549048:629148 BEFORE THE ENVIRONMENT COURT IN THE MATTER of the Resource Management Act 1991 ("Act") AND IN THE MATTER of a Notice of Motion under section 87G of the Act requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf (ENV-2013-AKL-000174) STATEMENT OF EVIDENCE OF WISSAM (SAM) SHUMANE TRAFFIC ENGINEER – BE (Civil), MIPENZ, CPEng