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1. Maori Land Court National Panui 2021 [pdf, 1.2 MB]

   Contents: Applications for hearing in JUNE | PIPIRI 2021: ISSN 1175 - 8120 (Print) ISSN 2463-3763 (Online) www.mäorilandcourt.govt.nz www.mäorilandonline.govt.nz JUNE | PIPIRI 2021 The purpose of the National Pänui / Te Pänui ä Motu is to provide notice to interested parties of hearings being conducted in, and applications received by, the Mäori Land Court. Only applications and sittings that were confi rmed at the time of this publication are listed. For more information, plea

2. [2006] NZEmpC AC 66/06 Clark v Northland Hunt Inc [pdf, 103 KB]

   ...division of functions and extreme specialisation. At the time when the courts first formulated the distinction between employees and independent contractors by reference to the test of control, an employer could be expected to know as much about the job as his employee. Moreover, the employer would usually work with the employee and the test of control and supervision was then a real one to distinguish between the employee and the independent contractor. With the invention and growth of...

3. Floyd v The Proprietors of Hauhungaroa 2C Block Incorporation Committee of Management - Hauhungaroa 2C Incorporation (2014) 325 Aotea MB 42 (325 AOT 42) [pdf, 229 KB]

   ...affect the wider community of shareholders. Mr Wilson concluded that the committee are entitled to make decisions as to what they believe is in the interest of the incorporation as a whole. He advised that the committee have since put in place job descriptions and an appraisal process for staff and have established a sub-committee to be responsible for employment matters. [36] Overall, Mr Wilson concluded that the shareholders were justified as to their concerns regarding the fin...

4. [2016] NZEmpC 36 Western Bay of Plenty DHB v McInnes [pdf, 155 KB]

   ...the Council dealt with his admission that he had tipped out the bottle of alcohol during the 3 February meeting. Essentially it was submitted that Mr McInnes had only made the admission because he believed that it was the only way to save his job. Mr McInnes confirmed this in his affidavit, although it remained unclear as to how such an admission would likely have achieved the stated desired end. The Authority Member dealt with this issue in the following way: [63] I find th...

5. Wu v CAC 20005 & Li [2013] NZREADT 79 [pdf, 79 KB]

   ...Victor never explained why he said and advertised this as a brand new house at 485 East Coast Rd (both in English and Chinese). OR why he provided false information to his clients using his language advantage to mislead his clients in his professional job (REAA says he was not misleading). I genuinely believe this is misleading conduct!” [18] The complainant/appellant, Ms Wu, was carefully and fully cross-examined by counsel through the use of the interpreter (of Mandarin), although...

6. [2015] NZEmpC 54 Goel v Director-General for Primary Industries [pdf, 266 KB]

   ...Goel’s account of the events which led to his dismissal, it cannot be said that the merits of his grievance are hopeless. 14 He claims that it stemmed from his justifiable refusal to undertake unusual duties at work which were not covered by his job description, and his refusal to make changes to official documents that he believed contravened Ministerial requirements. In law, these grounds for dismissal might be categorised as his refusal to comply with unlawful or unreasonable...

7. CAC 20005 v McGowan [2014] NZREADT 92 [pdf, 74 KB]

   ...reasonable members of the public would, nevertheless, consider it disgraceful for a licensee to threaten a process server in the manner 11 alleged and, particularly, to send racially abusive text messages to a person attempting to do his job. [24] Licensees should be expected to conduct themselves professionally in the course of business, both while performing real estate agency work and otherwise. The recourse to personal abuse by the defendant was disgraceful. [38] Other...

8. Smith v ACC [2014] NZACA 3 [pdf, 82 KB]

   ...could have obtained the correct information from his employer as at the date of his 1981 accident in 1983, (when he made an application to review the lump sum compensation he was awarded under s119 of the 1972 Act and stated that he had to change jobs because of his accident) but ACC sent off the earnings form to the wrong employer, and took no action when he went back and again gave them the correct address. [37] Mr Smith alleged that ACC falsely created the file note dated 15 April 1...

9. Smith v ACC [2010] NZACA 7 [pdf, 90 KB]

   ...such that he was entitled to ERC. Any income received after the commencement of incapacity affects the quantum of ERC payable to the appellant. [92] The appellant contends that he was off work for four to five weeks and returned to his fishing job for only three to four months. There is no documentary information to support this position. Given that these events occurred some 15 years ago, such recollections will be affected by the passage of time. [93] A further ambiguity c...

10. Chalecki v Accident Compensation Corporation [2015] NZACA 12 [pdf, 282 KB]

    ...notified to him by post on 14 April 1993, to decline a rehabilitation grant in order to help him establish a self-employed farming operation. He personally went over all the options available to find one suitable, even unsuccessfully applying for jobs. He came to the conclusion that self-employment as a farmer was his only option, as he had been farming part-time prior to the accident. [22] However, due to his injury, Mr Chalecki said he realised that the farm had to be less l...