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1. LCRO 180/2018 & 186/2018 KM on behalf of XYZ Trust v DF (5 May 2020) [pdf, 159 KB]

   ...determination at [68]. 19 Mr DF, application for review, attached reasons at [3]. 20 At [3]. 9 time to file an amended SOC should examination of the documents reveal the need for it”.21 3. Billing / refund [51] Mr KM argues “that the job agreed to be done was never attempted, and that which was charged for, was never authorised”.22 [52] He says that anything Mr DF had done was a ‘waste of time’ (because of the inadequate discovery) and should not therefore be charg...

2. [2016] NZEmpC 103 Lewis v Silver Fern Farms Ltd [pdf, 183 KB]

   ...combination provide for a daily tally of work, the speed of the chain and payment for production based on the skills of employees (by reference to grades). [37] The first observation is that pre-op cleaning is not within any of the tasks or jobs described in Schedule A. Furthermore, all of the tasks referred to in that schedule are geared towards work undertaken once the plant begins for the season. While the rate of pay for pre-op work was an indication the parties to the emp...

3. Otimi v Fa'uhiva - Hauhungaroa 1A3 (2019) 401 Aotea MB 102 (401 AOT 102) [pdf, 382 KB]

   ...marae as hau kainga to man the kitchen, go for wood, watercress, etc. For either hui or tangi. Of the last chairs we have had at Poukura Ngakuru was able to perform duties in all areas of the marae, and any areas he felt someone was able to do the job better, he seconded the right person. 3 7 Taupo MB 83-84 (7 TPO 83-84). 4 Ibid. 5 9 Taupo MB 269- 271, 295-298. 6 Letter from Tikina Kereama dated 16 May 2019. 401 A...

4. [2020] NZEnvC 175 Wilkins Farming Co Ltd v Southland Regional Council.pdf [pdf, 6.1 MB]

   ...indica,tive only and may not be spatially accurate LEGEND - Irrigation' Area PLAN OF IRRIGATION AREAS, WAIPOUNAMU ROAD, RIVERSDALE, SOUTHLAND CLIENT : Wilkins Farming Co Ltd DATE : I 25 September 2020 SURVEYED : "DRAWN-,-- I CHM JOB NUMBER : B017-SP2b REVISION NUMBER : 17/12/06 (A) - Areas Revised 20/06/12 (8) - Lease area removed 20/09125 (C) -Areas Revised 20/10/08 (0) -Areas Revised _D_.8!_E PRJNTE~ 25/Q9f2020_ C88tS

5. Phillips v King - Phillips Whanau Trust (2020) 418 Aotea MB 249 (418 AOT 249) [pdf, 260 KB]

   ...will start to generate income, at least sufficient to cover rates and maintenance of the homestead and surrounding lands. But these advantages could potentially be secured without terminating the Trust, simply by having trustees that do their job effectively. [43] On balance, the disadvantages associated with terminating the trust outweigh the advantages. Faith’s whānau have strong connections to the land and it would be unreasonably disadvantageous to them if those connectio...

6. [2020] NZIACDT 41 - TBE v Proudman (30 September 2020) [pdf, 243 KB]

   ...it was because she was over the age of 19 and could not apply for a dependent visa. She needed to return to South Africa. Furthermore, his employer had now cancelled his contract. His family was being ripped apart. He would have rejected the job offer if accurate information had been provided. [30] The Authority formally informed Ms Proudman of the details of the complaint on 24 June 2019 and sought her explanation. 1 Registrar’s do...

7. [2020] NZEmpC 39 Metropolitan Glass & Glazing Ltd v Labour Inspector [pdf, 283 KB]

   ...agreement. Such a payment should not be included in an employee’s gross earnings. [33] The scheme of s 14, particularly when considered with the words and purpose of the amendment to s 5 in 2011, is to capture all remuneration for an employee’s job. Gross earnings do not capture reimbursing payments or truly gratuitous payments, for example, where an employer, of its own initiative, decides to pay a Christmas bonus. But it is apparent from the definition of “discretionary...

8. [2019] NZEmpC 166 GEA Process Engineering Ltd v Schicker [pdf, 216 KB]

   ...4 GEA Process Engineering Ltd v Schicker [2018] NZEmpC 117. plans GEA had for developing a valve servicing business. It was also alleged that Mr Schicker took some of GEA’s confidential information for use in his new job with Dynaflow. GEA commenced proceedings in the Authority on 15 June 2015 for orders requiring Mr Schicker to comply with his confidentiality obligations under his former employment with GEA and not to assist Dynaflow’s own valve servic...

9. [2022] NZEnvC 090 Cable Bay Wines Limited v Auckland Council [pdf, 397 KB]

   ...evidence for two court case sessions, consulting an expert acoustic witness, and other disbursements ... ", and seek reimbursement of these costs from Cable Bay. Should costs be awarded again.r.;t Cable Bay? [43] The Edwards did a creditable Job of representing themselves, however they have provided no proof of actual expenditure beyond their own time known to the Court, and for which an award of costs is not available.30 The acoustic witness consulted by the Edwards was not...

10. BD & NL v CM Ltd t-a HD [2021] NZDT 1669 (14 October 2021) [pdf, 277 KB]

    ...temporary solution to save HI travelling from [Town B] to [Town A] to do it. In this way, CM took on the risk that something might go wrong with the repair if it was done by an inexperienced repairer. HI says that repairing the damper rod was a basic job and HI told him that he should be able to do it, although he says he expected NL to purchase a new damper rod from a hardware store. NL says he could not obtain a new rod in [Town A], so welded the steel on instead. I appreciate that HI...