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1. Kawiti v Kawiti - Motatau 2 Section 65A (2017) 162 Taitokerau MB 269 (162 TTK 269) [pdf, 235 KB]

   ...his costs for managing the farm. Wynyard’s management of the farm also provided benefit to the trust. Terence and 6 Ibid. 162 Taitokerau MB 274 Rongomau accept he was doing a good job. While he was not paying rent, the benefit the trust received offset any loss to the trust. [17] I do not consider this justifies Wynyard’s removal as a trustee. Did Wynyard receive, and fail to account for, trust funds? [18] Wynyar...

2. IW v SD LCRO 1 / 2011 (9 March 2012) [pdf, 88 KB]

   ...“competent lawyer” it would not have “taken as long as it did”. [12] It is observed that the Applicant went on to state that “the Committee noted that their (sic) view on the reasonableness of the bill was influenced by the fact that the job was urgent”. The Committee’s decision is set out in the second to last paragraph headed “Determination” and summarised in paragraph [10] above. Nowhere in that 4 summary of the reasons for its decision is “urgency...

3. BORA KiwiSaver Bill [pdf, 414 KB]

   ...legislation falls to be justified under section 5 of the Bill of Rights Act. Eligibility for 16 - 17 year olds 13. Clause 8 (Who automatic enrolment rules apply to) provides that the automatic enrolment rules apply to every employee who starts a new job, with an employer that is not an exempt employer, and is aged 18 years or over. This clause draws a distinction between persons who are 16 and 17 year olds, and those over the age of 18 years for the purposes of automatic enrolment in a...

4. [2019] NZEmpC 75 Horizon Concepts Ltd v Hayward [pdf, 435 KB]

   ...Mr Wood was frequently absent from the office during the day and considered that when he was absent Mr Hayward had some flexibility with his time. [32] Mr Hayward also considered himself to have some flexibility. That was illustrated by a job application he made, on 26 June 2017, for a further position with a printing business. His application said he would be able to receive and make calls during the day, if needed, because that would just be a “time keeping exercise” wit...

5. Leaning Rock Cherries Ltd - EiC - E Weaver (5 February 2021) [pdf, 242 KB]

   ...Not being able to use water for irrigation or frost fighting; (b) Not being able to keep the trees and soil at their optimum to produce export or New Zealand grade quality crops; (c) Significant loss of profits; (d) Staff would lose their jobs; and (e) We would be forced to cease operation and sell up. 27. The covid-19 pandemic has already hit the business hard by us not being able to find the staff needed to pick crops. The hailstorms and heavy rain events of late Decembe...

6. [2020] NZEnvC 115 Flax Trust v Queenstown Lakes District Council [pdf, 2.6 MB]

   ...CONDITIONS RM130766 (Added text underlined): General Conditions 1 That the development must be undertaken/carried out in accordance with the plans: • Clarke Fortune McDonald & Associates Limited: "Proposed Earthworks, Flax Trust" - Job No.10371, Drawing No. 17, Rev A, dated 02.10.13 stamped as approved on 9 January 2014 Except as provided for by the following plans with respect to the north mound: • "North Mound Proposed Alterations", Sheet#1. Dated 30 J...

7. [2021] NZEmpC 80 Butler v Ohope Chartered Club Inc [pdf, 244 KB]

   ...role at that meeting. Compounding the lack of notice was the way in which he was informed of the decision. He was not told about it until 3 September 2019, when spoken to briefly by the Club’s manager. The message given to him was that his job would end on 26 September 2019 and was delivered during a handover of the courtesy van in Mr Butler’s driveway. [13] It was common ground in the Authority, and not disputed in this challenge, that the courtesy van did not make a profi...

8. [2022] NZACC 60 – Martins v ACC (12 April 2022) [pdf, 198 KB]

   ...compensation was paid to Mrs Martins, and she also attended her GP (Dr Hart), a chiropractor and a physiotherapist. [7] On 17 June 2017, a “Stay at Work return to work” report stated: Everlaine is not going to be going back to doing her same job anymore as she is moving overseas at the start of next month. She notified her ACC case manager Carolyn King of this yesterday on 16/6/17. Carolyn has spoken with both Everlaine and the physio about okaying continuing Everlaine’s...

9. [2022] NZACC 60 – Martins v ACC (17 May 2022) [pdf, 198 KB]

   ...compensation was paid to Mrs Martins, and she also attended her GP (Dr Hart), a chiropractor and a physiotherapist. [7] On 17 June 2017, a “Stay at Work return to work” report stated: Everlaine is not going to be going back to doing her same job anymore as she is moving overseas at the start of next month. She notified her ACC case manager Carolyn King of this yesterday on 16/6/17. Carolyn has spoken with both Everlaine and the physio about okaying continuing Everlaine’s...

10. LCRO 1/2020 NR v YB (28 June 2021) [pdf, 150 KB]

    ...excess of seven years old, and does not take into account that the matter was not concluded. [5] Ms YB’s complaint adds another unwanted blemish to Ms NR’s professional record. Ms NR considers she is being punished for getting on with the job Ms YB instructed her to do, for going the extra mile and for using her “common sense” in moving that work forward. In her view, the decision overall is “biased, predetermined and an abuse of power!”. Ms NR considers the decision...