Search Results

1. [2023] NZEmpC 18 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 254 KB]

   ...early stage he said that a judge could never be completely confident that something might not be useful, or that matters have been misperceived at the time when objections are considered:13 ... Judges do not lightly turn away from the seat of justice matters of “evidence” which one side would like to have before the Court. This leads to a sense of grievance on the part of plaintiffs that they have not had their full day in Court. [45] That is not to say that the objections...

2. [2011] NZEmpC 45 Bachu v Davie Motors Ltd [pdf, 78 KB]

   DANNY BACHU V DAVIE MOTORS LIMITED NZEmpC AK [2011] NZEmpC45 [20 May 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC45 ARC 73/09 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN DANNY BACHU Plaintiff AND DAVIE MOTORS LIMITED Defendant Hearing: By submissions filed by the defendant on 31 March 2011 and by the plaintiff on 6 April 2011 Judgment:...

3. [2015] NZEmpC 148 Lean Meats Oamaru Ltd v NZ Meat Workers Union [pdf, 98 KB]

   ...NZCA 317, [2010] ERNZ 317. 5 Referring to observations made in Vector Gas, above n 3, by Blanchard J at [14], Tipping J at [28] and McGrath J at [76]. [8] Counsel for the defendant, Mr Churchman QC, emphasised that four of the five Justices of the Supreme Court held that pre-contractual materials could be used as an aid for interpretation. He submitted that it was not necessary for there to be an ambiguity in the wording of a contract before the Court could refer to such...

4. [2015] NZEmpC 212 Go Bus Transport Ltd v Hellyer interlocutory [pdf, 99 KB]

   ...humiliation, loss of dignity and injury to feelings. v) Interest at five per cent on the wages, holiday pay and KiwiSaver contribution from 3 February 2015 until the date of payment. [2] The Authority also made some observations about final pay matters which it invited the parties to resolve by agreement, reserving leave to return to the Authority; and it reserved the issue of costs. [3] For the purposes of the application for stay an elaboration of the Authority’s reasoning...

5. Ogle - Mangamuka East No.1B No.1B (2015) 103 Taitokerau MB 284 (103 TTK 284) [pdf, 183 KB]

   ...the knee operation might ordinarily have been a sufficient ground to seek a rehearing notwithstanding that his letter to the Court did not expressly seek an adjournment. [30] However, I am not persuaded that a rehearing was in the interests of justice. Plainly each of the applicants had by the time of the hearing on 3 December 2013 accepted that occupation orders were a reasonable alternative to the partition proposal. In fact, it is not even clear that Rima Ogle wished to conti...

6. [2015] NZEmpC 221 Caffe Coffee (NZ) Ltd v Farrimond interlocutory [pdf, 154 KB]

   ...in breach of the requirements of the employment agreement after his termination of employment. It will be contended for Caffe Coffee that the Authority reached an incorrect conclusion on both issues, and that these are important and significant matters. [18] For Mr Farrimond, it is submitted that the challenge is relatively straightforward in that it involves a proper interpretation of the employment agreement, and then an application of the obligations of the agreement so constru...

7. LCDT - 2010 practice note [pdf, 353 KB]

   For more information visit www.justice.govt.nz/tribunals New Zealand Lawyers and Conveyancers Disciplinary Tribunal For more information visit www.justice.govt.nz/tribunals/lawyers-and-conveyancers-disciplinary-tribunal Practice Note Issued by the Chairperson of the Lawyers and Conveyancers Disciplinary Tribunal Effective: 10 September 2010 Amended: 28 September 2012 Contents 1. Introduction 2 2. Commencing proceedings 2 3. Responses 3 4. Issues and setting down conferences 4 5....

8. [2018] NZEnvC 019 Falvey v Christchurch City Council [pdf, 2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Decision No. [2018] NZEnvC 19 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN BRENT FALVEY (ENV-2016-CHC-034) Appellant AND CHRISTCHURCH CITY COUNCIL Respondent Court: Environment Judge J E Borthwick Hearing: In Chambers at Christchurch Date of Decision : 19 February 2018 Date of Issue: 19 February 2018 COSTS DECISION A: There is no order as to cos...

9. A & T Kaufusi v Tangilanu [2014] NZIACDT 98 (01 October 2014) [pdf, 184 KB]

   BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2014] NZIACDT 98 Reference No: IACDT 16/12 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN Amini Kaufusi and Tivinia Kaufusi Complainants AND Alungamonu (Laki) Tangilanu (Monu) Adviser DECISION IMPOSITION OF SANCTIONS...

10. [2017] NZEmpC 35 Ahuja and Others v Labour Inspector [pdf, 336 KB]

    ...Ministry of Business, Innovation and Employment v Ahuja [2016] NZERA Auckland 420. [4] In a Minute (dated 25 January 2017) which included these directions, I raised the question of payment of the costs of independent prosecution of these matters, including for consideration by the Authority itself. It had, after all, instigated of its own motion the penalty proceeding which is now the subject of challenge. This, in turn and unsurprisingly, excited the interest of the Auth...