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1. Rogers v Hauraki – Te Aute A1B (2015) 117 Taitokerau MB 87 (117 TTK 87) [pdf, 222 KB]

   ...dismantling the structures intended for the vehicular bridge). [7] Before going further I note that by the time the application was filed, Te Kotuhi was in fact no longer an owner in the land. On 30 March 2009 the Court transferred (at her request) all of her interests in Te Aute A1B to her nephew, Whatarangi Rogers. 5 Mr Coutts did not take issue with Te Kotuhi’s standing to bring the application. I therefore proceed on the basis that Te Kotuhi has express or implied author...

2. [2013] NZEmpC 200 Jonas v Menefy Trucking Ltd [pdf, 160 KB]

   ...little damage but the galvanised post had to be replaced. That was the incident resulting in Mr Jonas’ dismissal. [10] Prior to the incident Mr Jonas appears to have had concerns about congestion in Pacific’s yard. The Court was not informed about the type of truck he drove while working for Monex but in evidence, which was unchallenged, Mr Jonas said that when he was making the deliveries for Menefy, he became concerned because, “the site was very tight for me to g...

3. [2016] NZEmpC 32 Bhikoo v Stephen Marr Hair Design Newmarket Limited [pdf, 239 KB]

   ...were bound to refer any dispute in respect of the clause to arbitration. Following termination of Mr Bhikoo’s employment, he did not act in breach of the non-competition clause either in his capacity as a director/shareholder of SMHD or as a former employee. [7] There was disputed evidence in the Court hearing that Mr Bhikoo was supplied with an intended written agreement prior to commencement of employment. However, during the course of the hearing of the challenge, SMHD wa...

4. Parlane v REAA Registrar [2013] NZREADT 94 [pdf, 176 KB]

   ...putting his application on hold until he could provide her with details of a real estate agent who was willing to employ him as a real estate salesperson and who would undertake to support him in such a role. [9] However, on 31 May 2013 the applicant requested that the matter now be heard by this Tribunal. [10] In her said decision letter of 11 June 2013, the Registrar noted that, on receipt of an application for a licence under the Act, the onus is on the applicant to satisfy the Re...

5. Russell v CAC 10012 & Long [2012] NZREADT 16 [pdf, 153 KB]

   ...questions which the appellant wished her to put to the vendor were accurately answered or not. It had been ten months since the material which ought to have been disclosed to the appellant had been viewed by Mrs Long on her file when she processed his request for further information in September 2008. [77] We simply confirm the finding of the Committee of the Authority of unsatisfactory conduct by Mrs Long and also the finding that there be no penalty in all the circumstances....

6. Martin - Lot 2 Deposited Plan South Auckland 26130 (2013) 59 Waikato-Maniapoto MB 154 (59 WMN 154) [pdf, 135 KB]

   ...legal description being Lot 2 Deposited Plan South Auckland 26130, CFR Identifier situated at 114 Athenree Road is SA24B/992. 2 43 T 196-197. 3 Memorial H.797722.2. 4 Memorial B.270580. 59 Waikato Maniapoto MB 156 [8] In late 2006, Land Information New Zealand (“LINZ”) sought clarification on the status of the block. An application was brought before the Māori Land Court as part of the Māori Freehold Land Registration Project. An order was made by the Court on 26 Januar...

7. Implementation for Drivers of Crime investment package for alcohol and other drug assessments and interventions [pdf, 221 KB]

   ...for the programmes. Budget arrangements, procurement and timeline 24. We recommend that funding for this initiative should be allocated to Vote: Health. The Ministry of Health will directly manage the contracting for this initiative and seek Requests for Tender from DHBs and the NGO sector. 25. The Ministry of Health will give consideration to enhancing existing services as well as implementing new services in areas with the greatest need. The Ministry of Justice and the Departm...

8. Nelson Standards Committee v Webb [2011] NZLCDT 2 [pdf, 159 KB]

   ...proposition, and while not strictly accurate, use of that phrase in the course of indicating the availability of house-sitters does not amount to misconduct. [53] As a result, we find that none of the conduct itemised in the Email Charge, and forming the basis of the charge, constitutes misconduct. It may represent carelessness, perhaps even to the extent that would support a finding of unsatisfactory conduct, but that was not the charge Mr Webb faced. As there is nothing proven in...

9. Henaghan & Henderson v CAC 20002 & McDonald [2014] NZREADT 55 [pdf, 74 KB]

   ...parties, vendor and buyers, sign off on how a multi offer situation will be handled, addressing the rights and obligations of all parties that enter into that multi offer situation. ... 4.11 It would appear that whilst the Complainant was kept informed little consultation was made with him to ensure (a) that he fully understood the risks of changing the marketing course that had been embarked upon in the manner proposed. This included the fact that Ms Mao had already signalled that h...

10. [2015] NZEmpC 99 NZ Meat Workers Union Inc v South Pacific Meats Ltd [pdf, 249 KB]

    ...question about the procedure that the Authority has followed, is following, or is intending to follow; and (b) without limiting paragraph (a), to a question about whether the Authority may follow or adopt a particular procedure. [8] Again at the request of the Court, the Authority has subsequently stated fully the material facts of the problem or matter to which the question of law relates. 3 That was done by Minute of the Authority issued on 21 May 2015. [9] Observing that the...