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1. EMPC Dinner speech Labour Law Society Conference [pdf, 165 KB]

   ...only lawyers who do so and many lawyers conscientiously refrain from doing so. There are some, fortunately not too many as yet, cases that are still at an interlocutory skirmishing stage years after the employment relationship has ended, with requests for forensic analysis of computers, claims to and against such public officials as the Ombudsman and the Privacy Commissioner, and arguments over the relevance of literally thousands of documents. One could be excused for wondering wh...

2. [2006] NZEmpC AC 24A/06 Designlink Ltd t/a Rodney Wayne Hairdressing Whangaparaoa & Pipes v Raymond [pdf, 37 KB]

   ...further “without prejudice” offer to Ms Raymond that she take in full settlement the monies that had then been paid into Court totalling $16,720 being the amalgamation of the Authority’s compensatory and costs award. This offer was also in the form of a Calderbank offer in the sense that it was made without prejudice except as to costs. [14] This second offer of settlement was likewise responded to by a counter offer made by Ms Raymond. She proposed to settle the matter at t...

3. [2013] NZEmpC 14 Dell v ABC01 Ltd (formerly Primary Heart Care Ltd) [pdf, 75 KB]

   HOWARD DELL V ABC01 LIMITED (FORMERLY PRIMARY HEART CARE LIMITED) NZEmpC AK [2013] NZEmpC 14 [18 February 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 14 ARC 65/12 IN THE MATTER OF an application for compliance order BETWEEN HOWARD DELL Plaintiff AND ABC01 LIMITED (FORMERLY PRIMARY HEART CARE LIMITED) First Defendant AND JOHN WILLIAM HINCHCLIFF (ALSO KNOWN AS JOHN-WILLIAM: HINCHCLIFF) Second Defendant Hearing: 18 February 2013 (

4. [2012] NZEmpC 44 Lyttelton Port Co Ltd v Maritime Union of NZ [pdf, 74 KB]

   ...of an interlocutory injunctive order because it is equitable and discretionary. [8] The defendants contend that what they accept will be otherwise unlawful strike action will nevertheless not be so because their members are not required to perform the work that they will refuse to do. This argument relies on an interpretation and application of s 81 of the Act which provides: 81 Meaning of strike (1) In this Act, strike means an act that— (a) is the act of a number of employ...

5. [2012] NZEmpC 43 CentrePort Wellington Limited v Maritime Union of NZ & Anor [pdf, 75 KB]

   ...confirm in response that the vessel would be worked on the evening of Saturday, 3 March 2012. No response was received to the solicitor‟s letter. The Maersk Aberdeen was due to be worked again on 3 March 2012 at 9.00 pm, but when the workers were requested to accept orders to start work on the Maersk Aberdeen, they again refused. The vessel remains in port pending the outcome of this injunction application. Submissions [10] There was no dispute about the requirements for an...

6. Phillips v Te Rina Whanau Trust - Wharekahika D15 (2013) 31 Tairawhiti MB 175 (31 TRW 175) [pdf, 110 KB]

   ...A20100009737 – 13 Tairāwhiti MB 143 (13 TRW 143) 31 Tairawhiti MB 177 Procedural history [10] This application was heard on 4 October 2012. Ms Pirini appeared and spoke of past events relating to the survey and placement of the house. A request for an adjournment was submitted by Matekino Tumai on behalf of the Te Rina Whānau Trust on the basis that they intended to file an application to the Chief Judge per s45 of the Act in relation to the occupation order. The applican...

7. Wikiriwhi v Houpapa - Hurakia Trust (2013) 85 Waiariki MB 107 (85 WAR 107) [pdf, 140 KB]

   ...are completely out of order and she must forthwith desist; (c) That to assist in the above the trustees resolved that a trespass order be issued against Rangimoeke Houpapa forbidding her to enter on to the Trust property; (d) That the trustees request that Rangimoeke Houpapa forthwith resign as a trustee of the Trust and if that resignation is not received at this meeting then an application be made to the Māori Land Court pursuant to the Trust powers as set out by the Court, nam...

8. ENVC Hearing 6Oct14 AC rebuttal Kala Sivaguru [pdf, 107 KB]

   31555362:629148 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) REBUTTAL STATEMENT OF EVIDENCE OF DR KALAYARASI (KALA) SIVAGURU (ECOLOGY) ON BEHALF OF AUCKL...

9. [2015] NZSAAA 02, (30 January 2015) [pdf, 37 KB]

   ...records show that in May she was told on four occasions that she needed to supply verified evidence of her mother’s income before her application could be progressed – twice during phone conversations and twice by mail. She was warned that this information needed to be received by the end of November (ie before the end of her course) “or we 2 won’t be able to process your application, and your Student Allowance will be declined”. A further letter in identical terms wa...

10. CAC20004 v Vessey [2015] NZREADT 46 [pdf, 167 KB]

    ...DECISION OF THE TRIBUNAL ON PENALTY Introduction [1] In a decision of 28 January 2015 ([2015] NZREADT 10) we found the defendant guilty of misconduct for reasons which we explained in some detail but, essentially, he altered the database of his former employer company upon resigning from it as a salesperson. He had also resigned from it as a director and shareholder after a dispute with the other director-shareholders. [2] The particulars of the charge of misconduct under s.73(a) o...