Search Results

1. [2010] NZEmpC 73 NZ Amalgamated Engineering Printing and Manufacturing Union v SCA Hygiene Australasia Ltd [pdf, 46 KB]

   ...employees with more than the minimum entitlement of the Act, in terms of s 6(1), and there is no basis to find that appendix A has reduced those entitlements in terms of s 6(3). The challenge is therefore dismissed. Costs [31] At the request of the parties costs are reserved. If they cannot be agreed the first memorandum is to be filed and served within 30 days of this judgment, with a further 21 days to reply. B S Travis Judge Judgment...

2. [2010] NZEmpC 82 Goodfellow v Building Connexion Ltd t/a ITM Building Centre [pdf, 44 KB]

   ...undermined him in his position as manager of the Takaka branch. A good deal of evidence was given of specific events. Mr Zindel confirmed however, that no personal grievance based on disadvantage was being pursued and these events really only formed the background to what happened at the end of May 2008. I have taken this evidence into account but, in light of that clarification and the decision I have reached, there is no need to record that evidence in detail in this judgment or...

3. [2007] NZEmpC WC 17/07 Finau & Ors v Southward Engineering Co Ltd [pdf, 66 KB]

   ...to agree. This is a statutory derogation of the common law principle that an employee is bound to comply with a lawful and reasonable instruction of his or her employer. [36] It is the case for the defendant that a worker who says “no” to a request under s97(3) is refusing to perform normal work, is on strike under s81, and is therefore liable to suspension. [37] Mr Wilton accepted that, before s97 was enacted, such a refusal could have made an employee a party to a strike bu...

4. [2008] NZEmpC AC 3/08 B W Murdoch Ltd v Horn (Labour Inspector) [pdf, 45 KB]

   ...that, he was asked by his manager, Mr Skinner, to reduce his hours to bring them in line with the agreed 40 hours and after 1 week of 30 hours usually worked 10 hours a day, 4 days a week, Monday to Thursday although he did work on Fridays when requested on another five occasions. [15] He took one Wednesday off by agreement with his employer to attend a dental appointment. [16] The only evidence of discussions about his availability for work was Mr Skinner’s request for him to...

5. [2008] NZEmpC AC 47/08 Allright v Canon NZ Ltd [pdf, 48 KB]

   ...correspondence between the parties and their solicitors. Mr Allright was asked on 10 October 2008 to give an undertaking that he would comply with clauses 15 and 16 of the employment agreement. He did not give all or any part of that undertaking. That request for undertakings was repeated on 22 October 2008. Again, no form of undertaking was provided. In that correspondence and in his affidavit, however, Mr Allright said he was aware of his obligations in respect of confidentia...

6. ENVC speech Harland Environment Law Regulation conf 2012 [pdf, 130 KB]

   ...alternative to State Highway 1 that will run between Linden (Wellington City) and MacKay’s Crossing (Kapiti Coast District) 7 New Zealand King Salmon – October 2011 Proposal from the New Zealand King Salmon Co. Limited for two plan change requests to the Marlborough Sounds Resource Management Plan and applications for resource consents for salmon farms and salmon farming at nine sites in the Marlborough Sounds. 10 [20] There are challenges involved in this...

7. CAC20007 v Jarman [2015] NZREADT 66 [pdf, 157 KB]

   ...Housing New Zealand Ltd for $60,000. The defendant acted as salesperson on the transaction, and commission was charged, without a signed agency agreement. The written appraisal provided to Housing New Zealand Ltd was not supported by comparable information on sales of similar land. By way of an agreement for sale and purchase dated 29 July 2011, the defendant agreed to sell the property at 7 Chisholm Street to Megan Turrall and Mark Boniface for $108,000. The defendant again acted...

8. Muller v Yerman [2015] NZIACDT 77 (25 June 2015) [pdf, 202 KB]

   ...he terminated Ms Yerman’s instructions. She refunded him half of the fee he paid, however the Registrar considered that potentially, the refund was insufficient. [2] Ms Yerman did not take issue with the essential facts, but she did argue she performed all her services properly, documented them appropriately, and promptly paid a generous refund. [3] Accordingly, the Tribunal has to consider the professional obligations on Ms Yerman in relation to: [3.1] Her obligations to document...

9. ENVC Hearing 6Oct14 TGKL expert Charles Waters [pdf, 95 KB]

   ...Nonetheless, in 2008 there were approximately 415 eutrophic and hypoxic coastal systems worldwide (Owen, 2008) spreading over 245,000 sq. km (Diaz & Rosenberg, 2008). 5 Assessment of the NIWA and Poynter reports 16. In response to requests by the Auckland Council for additional information, Poynter and Associates Environment Ltd. engaged NIWA to predict copper concentrations in Matiatia Bay once the marina has been established. The tool used to model anticipated copp...

10. Shaw v Ngati Huarere Ki Whangapoua - Ngati Pu (2015) 113 Waikato Maniapoto MB 82 (113 WMN 82) [pdf, 229 KB]

    ...support of the application was provided by Mr Shaw, Dr Chalmers and Ms Lena Fisher (Secretary of the Rūnanga). [7] For the purposes of this preliminary determination, the following are the salient points from the evidence. [8] The Rūnanga was formed as an incorporated society in 1998. It currently has approximately 600 registered members, of whom approximately 400 are over 18 years of age. [9] Prior to 1998 Ngāti Pu did not have a legal structure for the purposes of representa...