Search Results

1. [2012] NZEmpC 43 CentrePort Wellington Limited v Maritime Union of NZ & Anor [pdf, 75 KB]

   ...Auckland. The Court was informed in an affidavit filed by Mr Joseph Fleetwood, General Secretary of MUNZ, that the port company is proposing to engage contractors to carry out the work of 350 MUNZ members which will result in them losing their jobs. On 1 March 2012, proceedings were commenced by MUNZ against the Ports of Auckland Ltd and they are still to be dealt with. [5] On Wednesday, 29 February 2012 the Maersk Aberdeen, a container ship owned by the Maersk shipping line ber...

2. [2016] NZEmpC 24 Myatt (Labour Inspector) v Pacific Appliances Limited [pdf, 90 KB]

   ...pay the penalty and filing fees ordered by the Authority. The Court, accordingly, has a basis for exercising its discretion under s 140(6) of the Act to impose a sanction. [16] In Denyer v Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre 4 Judge Inglis helpfully traversed the legal framework for applications of this nature. The following principles were adopted by Judge Inglis: 5 (a) The failure to comply with a compliance order made by the Authority...

3. E v S [2017] NZIACDT 2 (13 March 2017) [pdf, 105 KB]

   ...4 to at least obtain the right to work lawfully in New Zealand. That was the only way he could repay his family, and a student visa, rather than achieving that objective, would result in him having to meet tuition fees. He was trying to find a job offer that might give some prospect of seeking a work visa instead of a student visa. [16] The adviser said that given an ongoing series of meetings and communications, it was not until 12 December at the very earliest that he could lodge a...

4. [2022] NZEnvC 032 Currie v Palmerston North City Council [pdf, 177 KB]

   ...activities as the business moves all operations to the Ashhurst site. 17. The Management Plan includes an Organisation Chart which shows me as ‘Operations Manager’ for both Tolly Farm and Soul Friends. The appendices to the Management Plan include job descriptions for all roles at Soul Friends and Tolly Farm, with the ‘Background’ to each job description recording: Tolly Farm Limited specialises in the Boarding of animals from the Manawatu and the wider regions. In addit...

5. SA v TD & I Ltd [2021] NZDT 1646 (4 October 2021) [pdf, 139 KB]

   ...employer can be held vicariously liable for the negligent actions of their employee, where the employee is acting in the course of their employment. 20. I Ltd and TD accept that at the time of the collision TD was driving to carry out work at a job site for I Ltd and so TD was in the course of his employment with I Ltd at the time of the collision. For this reason, I find that I Ltd is vicariously liable for TD’s negligence at the time of the collision. Are the costs claimed estab...

6. Bogusz v Accident Compensation Corporation (Suspension of Entitlements) [2022] NZACC 157 [pdf, 226 KB]

   ...now 9 months since the original injury. [19] He suggested a cervical X-ray to help with diagnosis but said that the emphasis should be more on return to work and “at this stage, it is likely that he would be able to return to his pre-injury job”. [20] He also suggested a cervical X-ray to help with the diagnosis. [21] On 9 July 2020, ACC suspended entitlements on the basis that the medical information showed that his covered injury of the shoulder and neck sprains had resolv...

7. S Ltd v CD & K Ltd [2023] NZDT 788 (5 November 2023) [pdf, 105 KB]

   ...any delay or inconvenience was caused by a failure by S Ltd regarding the quality or timeliness of its work. Indeed, it is clear to me on the evidence that in its capacity as a service agent, S Ltd spent considerable time working on these service jobs that it has chosen not to bill or recover. In its defence of the claim to the credit recovery firm engaged by S Ltd, K Ltd said it would not pay for work because the truck hadn’t been fixed. Again however, insufficient evidence was prov...

8. WH v P Ltd [2023] NZDT 542 (16 October 2023) [pdf, 199 KB]

   ...by. The applicant said she was told by the respondent it would all be done within two weeks of starting. The respondent said it would have been impossible to do all the work in two weeks. However, when considering the time that had been spent on the job before the applicant cancelled the contract and the days the respondent said he needed to complete the job, the evidence shows that the respondent was confident the work could have been done in this time. 8. On the evidence provided to...

9. MOJ0501_Childrens-Guide-A5_DEC22_WEB.pdf [pdf, 748 KB]

   ...time with your mum and some time with your dad. There might not be much chance of your parents getting back together again. But there’ll probably be less fighting. As time goes on, your parents will probably get along OK. It’s still the job of both your parents to make sure you’re looked after. If it’s an emergency and you feel really frightened or someone is being hurt, dial 111 and ask to talk to the Police. You’ll probably want to keep seeing both your parents....

10. IL v D Ltd [2024] NZDT 845 (5 December 2024) [pdf, 161 KB]

    ...made this clear to IL. The retaining wall 12. IL says the retaining wall is much smaller than what was agreed. The section behind the wall had to be filled in but this has not happened either. He says it looks unfinished and does not do the job it was built for. 13. EE did not remove the excavated silt and dumped it behind the retaining wall. He was to add more soil behind the wall to get an event height. 14. The quote provided states: “1.2m x 18m retaining wall and 1...