Search Results

1. [2009] NZEmpC AC 22/09 EBIIWU & Ors v Carter Holt Harvey Ltd [pdf, 42 KB]

   ...prefer the latter. That is not because the plaintiffs’ witnesses tried to mislead the Court. Rather, their recollections of events, now almost 3 years ago, was more vague and their understanding of what is at least a quasi-legal process for the formation of effective collective agreements, is less acute and informed than that of the other witnesses. [23] I accept the plaintiffs’ evidence that what was discussed at the ratification meeting on 21 July 2006 was the content of the...

2. [2014] NZEmpC 64 Fox v Hereworth School Trust Board No 5 Interlocutory [pdf, 142 KB]

   ...respect of Mrs Fox. Counsel points out that Mr Thomas was not, at the relevant time, directly involved on the subcommittee that dealt with Mrs Fox although he was a Board member of the defendant throughout and was entitled to and did receive information and updates about what was going on. Counsel explains that despite the description of each of the documents contained in the defendant’s document list, the relevant content of each email is different because it contains, within t...

3. [2014] NZEmpc 85 McCartney v Atlas Concrete Ltd and First Union [pdf, 107 KB]

   ...rules?”. [3] The starting point is, therefore, the relevant rules of the Union at the time it declined to continue to represent Mr McCartney in the matter of his personal grievance with his former employer. [4] Mr Cranney has, at the Court’s request, supplied certified copies of the Union’s rules for the years 2007 and 2008. Those were then the rules of the National Distribution Union Inc (NDU) but the fact that the rights and obligations in law of the NDU have been assumed...

4. 2017 NZSSAA 050 (4 September 2017) [pdf, 167 KB]

   ...hearing, the answers to those questions became relatively obvious. [3] At least on the balance of probabilities, the appellant reasonably understood that she was travelling to a Ministry of Social Development (“the Ministry”) office at their request. She should have received $40 on a non- recoverable basis for the particular purpose of this travel. The appellant was not entitled to an accommodation supplement because she was 2 homeless, so did not have any accommodat...

5. Family and Sexual Violence work programme April [pdf, 327 KB]

   ...and ways of working in anticipation of new law. Simplifying and aligning Protection Order and Care of Children applications In support of the changes in the Bill, the Ministry is working to simplify and align protection order application forms and Care of Children Act (COCA) forms. The need to simplify the forms was identified in public consultations on the family violence reforms. The complexity of the current forms means it can be difficult for people to complete them an...

6. Davis - Part Kairakau 2C5B (2003) 171 Napier MB 184 (171 NA 184) [pdf, 2.5 MB]

   ...(135/93) DECISION OF THE COURT On 16 April 2003, at Hastings, I heard Ms Davis and her whanau in support of an application for partition and change of status of 3,400m2 of the block known as Part Kairakau 2C5B. Also appearing were Mr and Mrs Brown, former owners of a majority shareholding in the block. Mr and Mrs Brown had themselves earlier sought to partition their interest in the block for sale. They were consistently unable to win the support of their fellow owners for this cours...

7. Singh v Golian [2019] NZIACDT 9 (19 February 2019) [pdf, 128 KB]

   ...errors made or unwilling to consider that he might be wrong. [11] Mr Golian’s advice to lodge a complaint and pursue an appeal rather than to follow the approach proposed by Mr Singh was found to be entirely ill-conceived. What Mr Singh had requested was sensible and appropriate, as Mr Golian ultimately realised. However, by that time, the intervening events had seriously compromised any prospects of success. [12] While the Tribunal found that it was impossible to be sure whethe...

8. [2019] NZEnvC 008 Schmuck v Northland Regional Council [pdf, 4.5 MB]

   ...of the Society. It appears that the Society may have the authority to represent other submitters also. B: The interests of the Society is greater than the public generally under s 247(1)(d). In particular: (i) the Society appears to have been formed specifically in relation to issues Schmuck 2 surrounding the operation of the boat yard in this area, and has been involved in court action in relation to this area; and (ii) it is in the overall interest of justice that the relev...

9. [2019] NZEnvC 086 Connell v South Taranaki District Council [pdf, 216 KB]

   ...situation where the Proposed Plan omits to contain within it any provision clarifying the zoning of roads. In its response to the applications for a declaration and an enforcement order the Council conceded that there is a live issue in that regard. It requested the Court to undertake the process contained in s 293 RI\/IA and to make a change to the Proposed Plan by including in it a provision that roads are to be zoned according to the zoning of adjacent land or to the centre line...

10. Hutcheson v Clarkson - Mangamaire B2 (2018) 73 Tākitimu MB 88 (73 TKT 88) [pdf, 432 KB]

    ...administration of the trust by the trustees. The report subsequently filed by Mr Francois identified the difficulties he encountered during the investigation and the lack of key information received. He made several recommendations that the Court request or compel the relevant financial information from the trust’s accountant, the trustees and the bank. Such information would include contact details of those people who have contracted with or others dealt with the land such as to...