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1. [2012] NZEmpC 209 The Pulp & Paper Industry Council of the Manufacturer& Construction Workers Union v Norske Skog Tasman Ltd [pdf, 114 KB]

   ...work area as the Paper Mill, rather than just PM2, has the necessary consequences for the application of the remainder of the Policy, and, if there are insufficient voluntary redundancies or redeployment, the Company will need to undertake some form of selection process. [38] Ms Dunn submitted that a situation where redundancies are caused by the closure of an asset but are implemented by way of partial demanning of a work group is clearly contemplated by the Policy. In this cont...

2. Churton v Trustees of the Mangaporou Trust (2015) 337 Aotea MB 131 (337 AOT 131) [pdf, 219 KB]

   ...Churton they would have been in breach of the Trust Order and the lease would have been void. [22] Regarding the bridge, it was determined that it was in part firmly annexed to the land of the trust and had been so for 19 years for the purpose of forming part of the land on a permanent basis. The Court went on to conclude that Mr Churton built the bridge at his own expense at his own risk (given that he had no long-term lease) and as such no implied term for compensation could be i...

3. ENVC Hearing 6Oct14 TGKL legal submissions [pdf, 357 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER IN THE MATTER BETWEEN AND ENV -2013-AKL-00017 4 of the Resource Management Act 1991 of a Notice of Motion under section 87G of the RMA requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island Waiheke Marinas Limited Applicant Auckland Council Respondent Opening submissions on behalf of K Lewis and T Greve Date: 21 October 2014 Solicitor Acting: Rico Hor...

4. [2015] NZEmpC 193 The Cabinet Place Ltd v Kubesch [pdf, 171 KB]

   ...allocated for the hearing. As the hearing date approached, however, it was plain that there would only be four witnesses giving evidence, including Mr Shchechka and only one day would be required. [10] At the commencement of the hearing CPL requested that Mr Shchechka give evidence, either by way of interpolation during Mr Kubesch’s evidence or following it. I indicated to Mr Baumann that I would only allow a witness’s evidence to be interpolated during or at the completion...

5. [2014] NZEmpC 235 Rutherford Street Kindergarten v Chilton [pdf, 119 KB]

   ...included approval for NZEI to refer the matter to Mediation Services or to the Authority, or to seek any other relevant information. [12] On 8 June 2011, the NZEI Field Officer wrote to RSK confirming that she was supporting Ms Chilton, and requesting a meeting to discuss the following issues: Her 2010 appraisal outlining her competence in undertaking her role. Progression on the administration pay scale as per part 6(g), page 20. The Administration job description...

6. Mansfield v Pomana - Matawihi 1A & 2 Blocks (2013) 24 Takitimu MB 287 (24 TKT 287) [pdf, 164 KB]

   ...emerges that Ms Karangaroa claims she has returned that amount to Mrs Edwards-Walker directly, which the latter denies. [20] It will be remembered that Ms Karangaroa had been approached to provide “governance training” to the trustees at the request of Mrs Edwards-Walker. At the hearing yesterday Mrs Edwards-Walker confirmed that she had known Ms Karangaroa for many years and had asked her to provide “governance training” to the trustees. At the previous hearing the truste...

7. Willson v CAC301 & Ors [2015] NZREADT 90 [pdf, 209 KB]

   ...professional disciplinary context of course the focus is on the conduct of the practitioner, and not upon its consequences.” [46] We agree with Ms Paterson that the extent of the research and disclosure required of a licensee (independent of any request for information by a purchaser) will depend on the facts of the case, including the nature of the information at issue. In the present case, should a reasonably competent salesperson in the licensee’s position have known about the mi...

8. Allington v REAA & Anor [2014] NZREADT 6 [pdf, 128 KB]

   ...them a few days later to advise that the purchaser of the property was the licensee. The witness asserts that she and the appellant “would have gone up to $750,000 in any negotiations”. She feels that the market should have been properly informed of the correct expectations of the vendors. 5 [16] In cross-examination, Mrs Allington said she regarded Ms Butel as a buyers’ agent for her and the appellant (her husband) and they did not deal directly with the license...

9. GI v UE LCRO 206 / 2010 (21 October 2011) [pdf, 128 KB]

   ...Committee has abbreviated the process which it has followed to come to its decision. The decision it has arrived at is not wrong, but the expression of that decision could have been more precise. Fees [31] In his complaint to the Law Society, GI requests a review of the fees charged by ACI and ACK. With regard to the fees rendered by ACI the Committee took note of a number of factors including: the jurisdictional issues the High Court judgement of Stevens J 8 th...

10. Shin v Whangarei District Council [2011] NZWHT Auckland 14 [pdf, 159 KB]

    ...Mr and Mrs Hay were not developers and although they engaged a number of contractors to carry out the building work they did not personally carry out any building work and had no building experience. The defects causative of the damage that now forms the basis of the claim were acts or omissions of the contractors working on the building site. The Hays actions in contracting those contractors does not make them developers.20 [51] I accept the submissions of Mr Magee that the c...