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1. Handisides v CAC 10030 & Cruden [2011] NZREADT 36 [pdf, 160 KB]

   ...between general appeals and appeals from discretionary decisions is set out at paragraph [32]: “[32] But for present purposes, the important point arising from ‘Austin, Nichols’ is that those exercising general rights of appeal are entitled to judgment in accordance with the opinion of the appellate court, even where that opinion involves an assessment of fact and degree and entails a value judgment. In this context a general appeal is to be distinguished from an appeal...

2. [2011] NZEmpC 84 NZ Air Line Pilots Assn Inc v Air Nelson Ltd [pdf, 67 KB]

   ...determination of the Employment Relations Authority BETWEEN NEW ZEALAND AIRLINE PILOTS' ASSOCIATION INC Plaintiff AND AIR NELSON LIMITED Defendant Hearing: By submissions dated from the plaintiff on 17 and 24 January 2011 Judgment: 11 July 2011 SUPPLEMENTARY JUDGMENT OF JUDGE B S TRAVIS [1] In my judgment in these proceedings dated 30 September 2010 1 I found in favour of the plaintiff’s (NZALPA) interpretation of a collective agreement. T...

3. Green - Marangairoa A49 (2002) 63 Ruatōria MB 75 (63 RUA 75) [pdf, 158 KB]

   ...ill feeling that is likely to continue through generations to come I engaged the services of a local Kaumatua to try to mediate the matter in a traditional way. The parties however are absolutely intransigent. I stayed my hand on delivering this judgement in hope that time might heal wounds but to no avail. I am mindful that the applicant should not have built upon the land as she did without consultation. She is however a co-owner. The land is not vested in Trustees and she has a...

4. [2015] NZEmpC 16 NZ Meatworkers & Related Trades Union Inc v Alliance Groups Ltd [pdf, 96 KB]

   ...INCORPORATED Plaintiff AND ALLIANCE GROUP LIMITED Defendant Hearing: on the papers; submissions received 8 and 25 May 2014 Appearances: P B Churchman QC, counsel for the plaintiff K G Smith, counsel for the defendant Judgment: 11 February 2015 COSTS JUDGMENT OF JUDGE A A COUCH [1] The issue in this case was the interpretation and application of certain annual holidays provisions of a collective agreement between the parties. The dis...

5. Māori Trustee v Lidgard - Kapenga H (2014) 97 Waiariki MB 282 (97 WAR 282) [pdf, 142 KB]

   ...AND RONALD JAMES FREDERICK LIDGARD and LINDA GAIL LIDGARD the directors of LIDGARD FARMS LIMITED Respondents Hearings: 22 May 2014 1 May 2014 Appearances: Mr G Dennett, for the Applicant Mr J Koning, for the Respondents Judgment: 22 May 2014 REASONS FOR JUDGMENT OF JUDGE P J SAVAGE Solicitors: Lance Lawson Solicitors, PO Box 2279, Rotorua 3040 Email: law@lancelawson.co.nz Koning Webster Lawyers, PO Box 11120, Pap...

6. Deputy Registrar - Waihou A8C1A2E (2012) 39 Taitokerau MB 184 (39 TTK 184) [pdf, 131 KB]

   ...A20110005685 UNDER Section 322, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Waihou A8C1A2E, A8C1B1, A8C1B2B4 and A8C1B3 BETWEEN DEPUTY REGISTRAR Applicant Hearing: 22 August 2011 (Heard at Kaikohe) Judgment: 1 May 2012 RESERVED JUDGMENT OF JUDGE D J AMBLER 39 Taitokerau MB 185 Introduction [1] This judgment concerns survey plan ML 432168 which has been submitted for approval as part of the Maori Freehold Land Registration Pro...

7. Herewini - Maungaroa No.1 Section 23K (Keterau) (2013) 85 Waiariki MB 141 (85 WAR 141) [pdf, 76 KB]

   ...No. 1 Section 23K (Keterau) BETWEEN Wetini and Pauline Herewini Applicants Hearing: 3 July 2013, 81 Waiariki MB 235-256 (Heard at Te Kaha) Appearances: I Peterson & K Johnson, counsel for the applicants Judgment: 30 October 2013 RESERVED JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX Copies to: Potts and Hodgson, PO Box 444, Opotiki 3162 Attention: Ian Peterson & Kim Johnson E-mail: kim@pottshodgson.co.nz...

8. Tangiora - Whareongaonga 5 (2024) 126 Tairāwhiti MB 228 (126 TRW 228) [pdf, 290 KB]

   ...February 2022, 110 Tairāwhiti MB 91-97 9 March 2023, 117 Tairāwhiti MB 184-188 7 December 2023, 122 Tairāwhiti MB 180-181 7 March 2024, 124 Tairāwhiti MB 252 4 April 2024, 125 Tairāwhiti MB 206-212 (Heard at Gisborne) Whakataunga: Judgment date 2 August 2024 TE WHAKATAUNGA Ā KAIWHAKAWĀ MATUA C L FOX Judgment of Chief Judge C L Fox 126 Tairāwhiti MB 229 Hei tīmatanga kōrero Introduction [1] This case conce...

9. [2024] NZEmpC 91 (Judgment (No 6) of Judge M S King 28 May 2024) [pdf, 323 KB]

   STU v FRD [2024] NZEmpC 91 [28 May 2024] ORDER PROHIBITING PUBLICATION OF NAME AND IDENTIFYING DETAILS IN THE CONTEXT OF THIS JUDGMENT IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2024] NZEmpC 91 EMPC 401/2023 IN THE MATTER OF an application for without notice freezing and ancillary orders AND IN THE MATTER OF an application to discharge or vary orders BETWEEN STU Applicant...

10. [2008] NZEmpC WC 13B/08 Mana Coach Services Ltd v NZ Tramways and Public Passenger Transport Union Inc [pdf, 102 KB]

    ...NZ TRAMWAYS AND PUBLIC PASSENGER TRANSPORT UNION INC Defendant Hearing: 30 June and 1, 2, 3 and 30 July 2008 (Heard at Wellington) Appearances: Hugh Fulton and Kate Ashcroft, Counsel for Plaintiff Paul McBride, Counsel for Defendant Judgment: 26 September 2008 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The issues for decision in this challenge to a determination of the Employment Relations Authority about strike action, include: • whether employees should be pa...