Search Results

1. [2012] NZEmpC 86 Lend Lease Infrastructure Services (NZ) Ltd v Recreational Services Ltd [pdf, 147 KB]

   ...affidavit evidence from a labourer-edger. [23] Mr Walker is a labourer, maintenance fixtures and has held that position for over 20 years. He says that he picks up litter as part of his role, including in parks and at the beach, and responds to requests to pick up bags of rubbish that have been dumped in reserves. Mr Walker is also involved in graffiti removal and waterblasting. He estimates that he spends approximately six hours per week on these tasks. Mr Harley also works as...

2. [2008] NZEmpC WC 11/08 McCain Foods (NZ) Ltd v Service and Food Workers Union [pdf, 86 KB]

   ...ground of challenge, we do not think that “unreasonableness” alone can operate to preclude the member organisers from accessing the McCain site as union representatives. Indeed, Mr Towner did not so argue in substance. Rather, unreasonableness formed a part of McCain’s remaining ground of challenge. We agree that unreasonableness without reference to a statutory test cannot determine a case that depends on statutory interpretation and application to particular facts. Put a...

3. [2015] NZEmpC 186 The Commissioner of Salford School v Campbell [pdf, 299 KB]

   ...have discussed earlier. It was understandably declined. [76] On 18 February 2015, Mr Harrison responded to this offer by stating that Ms Campbell was pursuing reinstatement, and remained committed to education. Accordingly, the Commissioner was requested to consider a proposal which would include reinstatement together with reasonable conditions such as appropriate advice and guidance; reimbursement of lost remuneration and other benefits as between the date of dismissal and rein...

4. Coote - Estate of Shirley Dawn Quinn (2013) 2013 Chief Judge's MB 1018 (2013 CJ 1018) [pdf, 228 KB]

   ...presentation of the facts of the case to the Court or the Registrar. The Chief Judge may also make such other orders as, in the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission. [11] The applicant has requested that the Chief Judge amend the order that is the subject of this application. The burden of proof is on the applicant to prove the existence of the alleged mistake or omission either by the Court or in the presentation of...

5. [2014] NZEmpC 209 McLennan v New Zealand Post Ltd [pdf, 161 KB]

   ...specifically weaving across the road, riding one-handed in blustery conditions, tailgating and stopping abruptly; and (d) using his mobile phone while riding his motorcycle. [4] The investigative process took until 13 May 2013, when Mr McLennan was informed of NZ Post’s provisional findings. He was advised that no further action would be taken with regard to the issue of not wearing a standard uniform, but that all other allegations were established. He was advised that NZ Pos...

6. Haupini v SRCC Holdings Ltd (Application by Defendant for Costs) [2013] NZHRRT 23 [pdf, 104 KB]

   ...Ltd (In Statutory Management) [2012] NZHC 3229 (Mallon J, Ms J Grant and Ms S Ineson). [3] Following a teleconference convened on 18 December 2012 the parties in the present proceedings were given leave to update their written submissions. At the request of Mr St John an oral hearing was convened on 20 March 2013 to allow the parties an opportunity to present their submissions in person. As the former Chairperson was statutorily ineligible to participate, the current Chairperson took h...

7. Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 63 (32 TKT 63) [pdf, 204 KB]

   ...the District Court entered judgment against Sam Gemmell for $18,248.65 being the loan plus interest and costs. [4] Then on 11 December 2009 the trustees of the Tauwhareroa Trust and the Mohaka A4 Trust entered into a deed confirming that the former owes the latter $4,690.00. Sam Gemmell now disagrees with that figure and says that, following the presentation of evidence from accountants at hearings held before this and the District Court, it has emerged that the Tauwhareroa Trust...

8. HH v ASC2 LCRO 33 / 2011 (21 December 2011) [pdf, 161 KB]

   ...and Mrs SY enclosing a letter from the developer. This letter advised that the building was 73% complete, and that completion was expected towards the end of October 2008. [18] On 20 October 2008 the estate agent contacted Mr and Mrs SY, to request that they make contact with a mortgage broker to assist them with obtaining finance. At that time they had made an application to Westpac Bank for finance but the agent was anticipating difficulties in that regard. [19] This was b...

9. Colmore v ACC 2014 NZACA 19 [pdf, 82 KB]

   ...documents available to the Authority suggest that due to his low Social Welfare pay, he may have been receiving the invalid’s benefit as well as his Social Welfare pay, at least initially. There are a number of Corporation “C62” assessment forms, showing different figures for weekly compensation payable from different dates in 1981. [12] The Corporation advised him on 26 November 1982 that his entitlement to compensation would cease as he was by then earning in excess of his pr...

10. Mikaere - Toto v Te Reti B and C Residue Trust - Te Reti B and Te Reti C [2014] Māori Appellate Court MB 249 (2014 APPEAL 249) [pdf, 295 KB]

    ...Tumatawha Piahana, Ranginui Winiata, Christopher Hauruia Nepia, Michelle Turner and Kīngi Junior Te Reohau Ranui. 3 [5] On 15 February 2013 the trustees filed a claim in the Māori Land Court per s 237 of the Act. They allege that three former trustees, Raymond Te Kura, Luke Stevenson Tamatukarere Matthews and Destiny Savita Mikaere-Toto, breached their obligations as trustees in relation to a land clearing contract. The pleadings seek alternative relief in the form of equitab...