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1. [2014] NZEmpC 53 NZ Meatworkers Union v Alliance Group Ltd [pdf, 184 KB]

   ...not pursue the claims vigorously after 2006 because they only affected a minority of the Union’s members and because similar issues were then before the courts. [18] Although the substance of the annual holidays provisions did not change, the form of them was tidied up by the removal in the 2008/2009 agreement of the first paragraph of cl 9(g)(ii). Thus, the provision which must be construed and applied in this case is: (g) The provisions of the Holidays Act 2003 and any Act pa...

2. Flight Senior – Waipapa 1D 2B 3B (2014) 316 Aotea MB 3 (316 AOT 3) [pdf, 264 KB]

   ...on 23 September 2011 at Taupō. 6 Mr Vane appeared for Mr Flight. A letter of objection was received from the trustees of the Waipapa and Tokaanu Māori Lands Trust advising that the buildings are the property of the Trust and that there is no formal occupation agreement in place. Mr Flight gave some initial evidence, following which I indicated that counsel should be appointed given the complexities of the claims before the Court. Mr Webster was subsequently engaged to represent...

3. CAC 20006 v Richardson [2013] NZREADT 92 [pdf, 153 KB]

   ...documents. On 8 August 2011, he was delegated by the Authority to investigate complaints by Mr Grant Tucker against the defendant and against the licensed salesperson Glenis Claydon in relation to the sale of the property. Inter alia, he referred to the formal responses received by the Authority from the defendant and Ms Claydon on 13 October 2011 and generally covered necessary background including the relevant email correspondence. The Evidence of the Defendant [17] The defendant...

4. Deputy Registrar - Te Keti A2 (2011) 15 Taitokerau MB 76 (15 TTK 76) [pdf, 168 KB]

   ...gives rise to indefeasible interests. That is because the Torrens system is a system of title by registration. As was said by Barwick CJ in Breskvar v Wall (1971) 126 CLR 376, 385-386: The Torrens system of registered title of which the Act is a form is not a system of registration of title but a system of title by registration. That which the certificate of title describes is not the title which the registered proprietor formally had, or which but for registration would have had...

5. Masson v REAA & Damerell, Aikin, Lafferty [2013] NZREADT 26 [pdf, 64 KB]

   ...property was on the market. She has stated that she chose to disregard the appellant’s possible participation as she considered her unpredictable. [8] Kym Aikin states that, during the time when the vendor was giving instructions, she (Kym Aikin) informed the appellant that she needed to bid to secure the property. The appellant asked Kym Aikin to advise the auctioneer that she would not bid until he called the property for the final time; and she refused to engage with anyone until...

6. Director of Proceedings (EFG) v Commissioner Police [2012] NZHRRT 8 [pdf, 87 KB]

   ...The agency must protect against (inter alia) loss, unauthorised access, modification or disclosure. Above all the agency is under a mandatory duty to give to the individual access to the information (principle 6) and the individual has a right to request correction of that information (principle 7). Indeed the agency has an obligation on its own initiative to take such steps to correct the information as are, in the circumstances, reasonable to ensure that, having regard to the purposes...

7. Otago Standards Committee v Milne [2013] NZLCDT 18 [pdf, 157 KB]

   ...all to supporting a claim that the loans were personal – that behaviour is equally consistent with ensuring audit trails are not obvious. [53] The fact that on occasions cheques were provided to Mr Milne made out to third parties at his request, suggests a professional use of funds, rather than the contrary as submitted by Dr Webb. We note that on investigation, when these matters became known following complaints to the Law Society, the evidence of the Law Society Inspector...

8. [2014] NZEmpC 40 Dumolo v Lakes District Health Board [pdf, 157 KB]

   ...Appearances: B Buckett, counsel for plaintiff G Peploe and N Griffin, advocates for defendant Judgment: 14 March 2014 JUDGMENT OF JUDGE M E PERKINS Introduction [1] The plaintiff, David Dumolo, was employed as an Information Systems Support Level 2 Technician by the defendant, Lakes District Health Board (LDHB) at Rotorua Hospital and various ancillary sites from 21 September 2009. [2] Mr Dumolo is also an exponent and instructor in the martial art of

9. Burn v CAC 20002 & Anor [2014] NZREADT 25 [pdf, 144 KB]

   ...that he would have. It simply was not an issue at that time.” [25] As it happened, at material times Mr and Mrs Burn were having difficulties selling their home at Castor Bay, in Auckland, so that settlement did not take place as planned. They requested an extension of settlement from 19 November 2010 until 20 January 2011. That was agreed to on the basis that Mr and Mrs Burn pay penalty interest to Mr and Mrs Smith. In fact, settlement did not occur until 22 February 2011. [2...

10. Potae v ACC [2014] NZACA 5 [pdf, 65 KB]

    ...the terms as detailed in paragraph 1 above. 5. If the Authority has in mind making a referral back on terms additional to that proposed here, then counsel would first require to be heard. [7] The appeal decision is therefore intended to form the basis for the investigation of Hiria’s claim under s 2(a)(i) and records the relevant background facts and medical information that have a bearing on the consideration of the claim in light of Mitchell, and the directions that wil...