Search Results

1. [2007] NZEmpC AC 55/07 Kiwikiwi v Maori Television Service [pdf, 48 KB]

   ...must consider all relevant matters including those that indicate the intention of the parties. The real nature of the relationship can be ascertained by applying the tests of control, integration, and the fundamental test of whether a person performing the services is doing so on their own account.1 Industry practice may also be relevant. 1 Bryson v Three Foot Six (No 2) [2005] ERNZ 372 [3] In this case, the first issue...

2. [2007] NZEmpC CC 2/07 Mackway-Jones & Anor as Trustees of the Family Start Support Services (Invercargill) Trust v Clark [pdf, 51 KB]

   ...date on which the Authority found he was due to start work. [10] The second distinction is that the position of Manager of the Trust will almost certainly come to an end in the very near future. As I indicated earlier, the Trust was formed in an effort to continue the Family Start Programme in Invercargill following the demise of the earlier trust. The permission from the Minister of Health to establish the Trust limited its operation to the period up until 1 July 2007. I...

3. [2009] NZEmpC WC 4/09 Tse v Cieffe NZ Ltd [pdf, 39 KB]

   ...arrangement which was evidenced by the oral agreement reached and the method of invoicing and payment. Other documentary evidence of Ms Tse’s understanding of her employment status includes her e-mails to Mr Sajdl, her self-description on official forms and, at least up to the beginning of 2008, her references to herself as a contractor as opposed to an employee. [41] She also signed the written consultancy agreement in April 2007. While that occurred at a time of some stres...

4. [2009] NZEmpC WC 4/09 Tse v Cieffe NZ Ltd [pdf, 39 KB]

   ...arrangement which was evidenced by the oral agreement reached and the method of invoicing and payment. Other documentary evidence of Ms Tse’s understanding of her employment status includes her e-mails to Mr Sajdl, her self-description on official forms and, at least up to the beginning of 2008, her references to herself as a contractor as opposed to an employee. [41] She also signed the written consultancy agreement in April 2007. While that occurred at a time of some stres...

5. [2010] NZEmpC 86 Gwilt v Briggs & Stratton NZ Ltd [pdf, 41 KB]

   ...memorandum of counsel dated 24 March, the opening two sentences of which state: 1. As indicated in correspondence from Counsel, the parties attended mediation last week but ultimately were unable to settle the matter. Counsel for the plaintiff now requests that the proceeding be set down for hearing, without the interlocutory matters being resolved and without the usual call-over hearing. [12] The balance of the memorandum sets out the defendant’s objections to the substantiv...

6. Regulatory Impact Statement discovery procedure high court and district court rules changes [pdf, 216 KB]

   ...discovering documents during civil litigation in the High Court and District Courts. Discovery is the process of a party disclosing documents to the opposing side during litigation. The RIS assumes discovery is beneficial because it allows parties to formulate their claim and consider whether it is worthwhile proceeding with litigation. A significant constraint is that the Ministry of Justice does not gather data on the total number of discovery orders made. Discovery costs to bu...

7. [2013] NZEmpC 27 Hall v Dionex Pty Ltd [pdf, 109 KB]

   ...5. Did the respondent’s obligations to act in good faith require it to provide to the applicant the information regarding the assignment or transfer of rights and obligations to the person referred to in question 2 above when the applicant requested to be provided with that written information prior to dismissal? [4] The respondent opposes the application for special leave, essentially on the basis that the claim does not give rise to any important question of law. Rather, t

8. Martin - Estate of Jackie Te Ratu Tio - (2013) 305 Aotea MB 1 (305 AOT 1) [pdf, 126 KB]

   ...held before Judge Hingston on 24 June 1987. 3 Mrs Martin gave evidence that Jackie Tio died intestate with no issue and that there were no other surviving siblings. She also informed the Court of her adoption. The matter was adjourned at the request of counsel for the applicant so further submissions could be made as to entitlement. [7] On 12 July 1989 a further hearing was held before Judge Marumaru. 4 He did not accept that Mrs Martin was entitled to succeed to Jackie Tio as...

9. Summit v REAA & Lewis [2011] NZREADT 38 [pdf, 108 KB]

   ...house to the tenant introduced by the licensee as property manager. The landlord had not advised the licensee of the sale and did not pay commission purportedly due to the licensee by clause 8.2 of its then standard Residential Management Authority form. That clause read: “8.2 If the Owner sells the property to a tenant (or some third party connected to the tenant) introduced to the property through the Manager’s instrumentality, the Owner hereby appoints Summit Real Estate Lim...

10. Neho - Muriwhenua Incorporation (2014) 84 Taitokerau MB 189 (84 TTK 189) [pdf, 104 KB]

    ...the Committee do not rely on the 2001 special resolution and the day before the 2014 AGM it realised that the postal vote was unlawful. [8] I also note that the postal vote document the Committee sent out to the shareholders did not comply with Form 2 in Schedule 2 of the Regulations, and that the majority of the 84 Taitokerau MB 192 voting forms did not identify who the shareholder was or provide for their signature to be witnessed. The postal vote documents were therefo...