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1. [2016] NZEmpC 19 O'Shea (Labour Inspector) v Pekanga O Te Awa Farms Ltd [pdf, 247 KB]

   ...the Labour Inspector; yet ongoing breaches occurred. Given that context, the Authority determined that a penalty of $7,500 should be ordered for the failure to pay minimum wages and holiday pay; and $10,000 for a failure to provide records on request. [54] In Labour Inspector v Viewbank Dairy Limited, 15 a company employer failed to comply with an Improvement Notice relating to the production of records. The multiple breaches involved were a failure to maintain wage and time r...

2. Urwin v Te Kura – Te Reti B and Te Reti C Block (2014) 74 Waikato Maniapoto MB 277 (74 WMN 277) [pdf, 172 KB]

   ...michael.sharp@hobec.co.nz Mr J P Koning, Koning Webster Lawyers, P O Box 11120, Papamoa 3151, john@kwlaw.co.nz 74 Waikato Maniapoto MB 278 Introduction [1] Raymond Te Kura, Luke Matthews and Destiny Toto (“the respondents”) are former trustees of the Te Reti B and C Block, Māori freehold land situated in Tauranga. A meeting of the beneficial owners for the block was held at Tauranga on 13 August 2011. One of the agenda items that day was trustee elections. The...

3. CAC 10017 v Sherburn [2013] NZREADT 105 [pdf, 136 KB]

   ...the Harlows and the Sherburns, we could not regard any such witness as untruthful and we can only conclude that confusion somehow developed in their discussions with each other at material times. Simply put, the evidence of the Harlows is that the formation and proposed registration of the three restrictive covenants was never discussed with them at any material time by the Sherburns but that there were some discussions about covenants in particular to do with regulating shooting in the a...

4. Canterbury Westland Standards Committee v Parsons [2013] NZLCDT 48 [pdf, 72 KB]

   ...unacceptable conduct, which had been amended from misconduct by the Tribunal at the conclusion of the hearing, as noted earlier. [63] The evidence showed that Mr Parsons had responded to the investigation, and had provided some information when requested, although not as efficiently and accurately as may have been desirable. We accept that the muddled state of his practice records did not assist, and even the inspector appointed by the Law Society 15 had some considerab...

5. CAC20004 v Vessey [2015] NZREADT 10 [pdf, 174 KB]

   ...them and told me not to bother contacting them. I sent them an email very early on Monday 12 November 2012, which bounced back. However I managed to track down the correct email through the original listing agreement and corrected it. The vendors requested that they be released from the contract however after several emails they agreed to keep their listing agreement with us. Another current listing that was affected was 84 School Road, Te Horo. Changes had been made to the email addre...

6. Frearson & Anor v CAC20009 & Anor [2015] NZREADT 13 [pdf, 220 KB]

   ...signs when there are issues with respect to the water as I have considerable experience with properties relying on bore water) I wasn’t aware that there was anything possibly wrong with the water or the septic tank. 6. In response to my usual request regarding water to the Lindegreens [the vendors], they confirmed to me that they had a good water supply by way of an easement from the farm next door. They certainly gave no indication that there was any problem with either the water o...

7. [2014] NZEmpC 93 Prime Range Meats Limited v McNaught [pdf, 108 KB]

   ...new work area was set up known as the tripe room. Mr McNaught was assigned to work in the tripe room. He was reluctant to transfer to the tripe room but he did so and told the Court that he quickly found that he enjoyed the work. In 2010 he requested additional work in the chillers to add to the hours he worked in the tripe room. However, from August 2009 until he went on special leave in May 2011, he worked principally in the tripe room with two other men one of whom was Mr Spe...

8. Howell v Jaram - Omaio 43 Section 4 [2015] Māori Appellate Court MB 365 (2015 APPEAL 365) [pdf, 230 KB]

   ...Judge Fox adjourned the application sine die and directed Mr Jaram to write to the Court indicating what his intentions were regarding occupation on the block. 7 [8] Nothing further appears to have happened until July 2012 when Mr Edward Howell requested that the application be reactivated. [9] The matter next came before Judge Fox on 6 March 2013. 8 Mr Howell raised a concern that during the 15 years that had elapsed following the grant of the occupation order, the Jarams had...

9. Rudolph v Reti - Otetao B3A2 [2011] Māori AppellateCourt MB 143 (2011 APPEAL 143) [pdf, 725 KB]

   ...District Council. The letter indicated that the Council resolved to stop the 2,500 square metres of road and that the land would be sold for $3,000.00 plus GST to the adjoining land owners, being the Otetao B3A2 block owners. Despite this further information the parties were still in disagreement as to where the occupation site for Ronald Reti should be. Given the continued disagreement between Ronald Reti and the Trust the Court reserved its decision. [15] The judgment was issu...

10. BORA Social Security (Long-Term Residential Care) Amendment Bill [pdf, 136 KB]

    ...take into account that the transitional stage is a brief one, likely to be less than a year if the Bill is enacted in the second half of 2004. The arrangements will therefore apply for a short time only as a 'stepping stone' before the reforms take full effect on 1 July 2005. (We understand from the Ministry of Health that one reason for the 1 July 2005 start date is that it fits neatly into the annual budget cycle). 37. In particular, for the group aged between 50 and 64 years...