Search Results

1. Piontecki v REAA & Davies [2014] NZREADT 61 [pdf, 71 KB]

   ...[1] By a notice of appeal dated 20 December 2013, the appellants appeal against a 3 December 2013 decision of a Complaints Assessment Committee of the Real Estate Agents Authority finding the licensee had engaged in the unsatisfactory conduct outlined below. [2] The Committee's finding followed a 15 May 2013 decision of His Honour Judge P R Spiller in the District Court at Hamilton that the licensee had engaged in conduct which was misleading or was likely to mislead; Piontecki &...

2. [2022] NZEmpC 207 Arohanui Hospice Service Trust v New Zealand Nurses Organisation [pdf, 190 KB]

   ...SERVICE TRUST Plaintiff AND NEW ZEALAND NURSES ORGANISATION Defendant Hearing: 19 August 2022 (Heard at Wellington) Appearances: A Hall and J Avery, counsel for plaintiff C Hickey, counsel for defendant Judgment: 22 November 2022 JUDGMENT OF JUDGE J C HOLDEN [1] This judgment deals with a dispute over the public holiday entitlements of part-time employees of Arohanui Hospice Service Trust (Arohanui). It comes to the Court as...

3. [2009] NZEmpC AC 19/09 Gilbert v The Attorney-General in respect of the CE of Department of Corrections [pdf, 59 KB]

   ...EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Defendant Hearing: 6 & 7 November and 12,14 & 21 December 2006 (Heard at Auckland) Appearances: David Neutze and Benn Andrews, Counsel for Plaintiff Roanna Chan, Counsel for Defendant Judgment: 28 April 2009 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] This case is back before the Court because Mr Gilbert applied for a direction that the Court recall its judgment (or part of it) on remedies and costs delivered on 4...

4. Parata - Waitangi A1A2 (2024) 121 Tairāwhiti MB 199 (121 TRW 199) [pdf, 193 KB]

   ...TAKE In the matter of Waitangi A1A2 and Others I WAENGA I A Between SELWYN TANETOA PARATA Te kaitono Applicant Nohoanga: Hearing 6 October 2023, 121 Tairāwhiti MB 102-119 (Heard at Ruatōria) Whakataunga: Judgment date 24 October 2023 TE WHAKATAUNGA Ā KAIWHAKAWĀ C M WAINWRIGHT Judgment of Judge C M Wainwright 121 Tairāwhiti MB 200 Hei tīmatanga kōrero Introduction [1] On 6 October 2023 I heard eig...

5. Grubb and Anor as Trustees of the Bas Trust v Auckland Council [2011] NZWHT Auckland 58 [pdf, 108 KB]

   ...at the time, December 2008, should have been enough to alert Mr Grubb to the risks of buying this kind of property without having obtained a pre-purchase report. [11] In her closing submissions, Ms Divich referred to Ellis J‟s reserved judgment Findlay v Auckland City Council1. In that case Her Honour set out the questions to be addressed in deciding contributory negligence cases. [12] Paraphrasing paragraph [64] of that judgment, to assess the existence and extent...

6. Attachment 10 to the Planners and Expert witness JWS filed 7 May 2021.pdf [pdf, 730 KB]

   ...15-minute period will equate to a rate of take of 11.11 l/s.” The base data for rate of take calculations will be the average hourly rate of take data (l/s). 4. As result of the analysis below, all witness agree that based on their collective best judgement the following formula provides a method to calculate the typical maximum rate of take for the purposes of Schedule 10A.4.; a) Order the rate of take data by size (descending order). b) Calculate Determine D, where D is the number...

7. [2025] NZEmpC 163 Singh v Chand [pdf, 228 KB]

   ...YADWINDER SINGH Plaintiff AND BIMLESH CHAND Defendant Hearing: 14 July 2025 (Heard at Christchurch via Audio Visual Link) Appearances: J Plunket, counsel for plaintiff No appearance for the defendant Judgment: 6 August 2025 JUDGMENT OF JUDGE HELEN DOYLE [1] Yadwinder Singh is seeking orders under ss 138(6) and 140(6) of the Employment Relations Act 2000 (the Act) to impose a sanction on Bimlesh Chand because he has not...

8. [2020] NZEmpC 219 Ward v Concrete Structures (NZ) Ltd [pdf, 282 KB]

   ...AND CONCRETE STRUCTURES (NZ) LIMITED Defendant Hearing: 2–3 September 2020 (Heard at Tauranga) Appearances: KA Badcock, KS Badcock and L Badcock, counsel for Concrete Structures (NZ) Limited R Bryant for S Ward Judgment: 4 December 2020 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS [1] Both parties challenge a determination of the Employment Relations Authority, finding that Mr Ward was unjustifiably dismissed.1 It was agreed th...

9. [2015] NZEmpC 214 Goel v Director-General for Primary Industries [pdf, 135 KB]

   ...DIRECTOR-GENERAL FOR PRIMARY INDUSTRIES Defendant Hearing: 10, 11, 12 and 13 November 2015 (heart at Wellington) Appearances: K Goel, plaintiff in person A Scott-Howman, A Williams and L Cook, counsel for the defendant Judgment: 2 December 2015 JUDGMENT OF JUDGE A D FORD Introduction [1] The plaintiff, Mr Kunal Goel, was dismissed from his employment with the defendant, the Ministry for Primary Industries (MPI), for serious misconduct...

10. Black & Anor as Trustees for Lyn Black Family Trust v KW & KR Gutsell Building Ltd [pdf, 186 KB]

    CLAIM NO: 626 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN LYNETTE BLACK AND JOHN HARRINGTON as trustees for LYN BLACK FAMILY TRUST Claimant AND KW & KR GUTSELL BUILDING LTD First Respondent AND ROCKCOTE ARCHITECTURAL COATINGS NZ LTD Second Respondent AND SOUTHLAND DISTRICT COUNCIL Third Respondent AND NEVILLE EXCELL Fourth Respondent AND CALDER STEWART