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1. CAC20003 v Wright [2015] NZREADT 25 [pdf, 201 KB]

   ...They then signed a fourth property management agreement with Raewyn Breman of McDonald Real Estate Ltd. Ms Breman arranged for the defendant to sign an agreement for use of the garage. REAA’s document request [11] During the Authority’s investigation, the investigator (Mr G Gallacher whose evidence is covered below) made requests to the defendant for rental statements. In response to the allegation that he had ceased providing rental payment statements from September 2012 onwa...

2. [2015] NZEmpC 19 Atkinson v Phoenix Commercial Cleaners Limited [pdf, 261 KB]

   ...the existence of an employment relationship following the defendant’s challenge to jurisdiction. It concluded that the plaintiff had not persuaded it that she was more probably an employee than not. General background [4] The defendant is a private limited company owned and operated by Shayne Thomson. Mr Thomson has a long background in commercial cleaning, having previously been a franchisee of a major commercial cleaning brand. He established Phoenix to be a local Rotorua b...

3. Firmin v The Committee of Management of Atihau Whanganui Incorporation - Atihau Whanganui Incorporation (2016) 352 Aotea MB 233 (352 AOT 233) [pdf, 329 KB]

   ...established by the vesting of land in a Māori Incorporation. [35] In addition, Mr Unsworth contends that the Court has no jurisdiction under s 68 of the Trustee Act 1956 in relation to a Māori incorporation. [36] Counsel submits that the Court’s investigative jurisdiction per s 280 of the Act has not been triggered. Further, he says there has been no special declaration of a shareholder or by shareholding owning more than ten per cent of shares to prompt such an investigation....

4. LCRO 272/2016 XK v JB (24 June 2019) [pdf, 346 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader t...

5. ENVC Hearing 6Oct14 WML rebuttal Maxwell Dunn [pdf, 5.2 MB]

   ...paragraph 238 I state that in my view these effects are ‘no more than minor’ overall because of Mr Pryor’s evidence that they are only ‘more than minor’ from two (2) of seven (7) public viewpoint locations and from one (1) of six (6) private viewpoint locations.2 19. Mr Serjeant incorrectly states in paragraph 46 that my ‘no more than minor’ assessment is based on Mr Pryor’s assessment of four (4) of the thirteen (13) total viewpoint locations being ‘no more t...

6. Ngati Pahauwera Supplementary Affidavit on behalf of Trustees Exhibits B to H [pdf, 15 MB]

   ...Department of Conservation staff 06 8678531 (DoC) 06 8673464 (home) 2 Murdoch Rd, GISBORNE, or Box 668, GISBORNE (DoC) George Thomson Contract Researcher 06 8376759 RD 4, Mohaka, WAIROA. Ngahiwi Tomoana Kaitakawaenga, Heretaunga Kaunihera 06 8780577 Private Bag 9002, HASTINGS. Warren Gumbley Archaeologist/Heritage Consultant 07 8259933 c/o AB McGillicuddy, Limeworks Loop Rd, RD 5, HAMILTON. Nick Tupara Te Whare Taonga o te Tairawhiti - Gisborne Museum and Arts Centre 06 8673832 P.O....

7. Waitangi Tribunal theme C - Customary land tenure [pdf, 1.2 MB]

   ...sittings and the principles of Maori land tenure 163; The court’s acceptance of relatively thin evidence if the land did not appear to be disputed 167; The resolution of differences, disputes, overlapping rights, and the like, prior to, or during, the investigation of title 168; The difference between land that was disputed and land that was not disputed, and the court’s general inablility to deal with disputed land 173; The fostering of individualistic tendencies in Maori society and the s...

8. [2015] NZEmpC 57 Q v Commissioner of Police [pdf, 719 KB]

   ...documents ……………………………………………………………………………… [197] Legal principles II ………………………………………………………………………………. [208] Mikaera investigation and report …………………………………………………………….. [216] Disciplinary process conducted by Mr Kynaston …………………………………………. [237] Reliability...

9. LCRO 20/2020 WD and FJ v EG, SN and PL (7 April 2022) [pdf, 354 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader t...

10. [2020] NZEmpC 230 Arachchige v Rasier New Zealand Ltd [pdf, 398 KB]

    ...[34] In Aslam, the most recent UK case, the Uber driver was found to be a “worker” by the Employment Tribunal, affirmed by the Court of Appeal. The driver was not found to be an employee.15 [35] One of the key factors in Aslam was that the private hire vehicle licence was held by Uber UK, not the driver. That contrasts with Mr Arachchige, who holds the necessary transport service licence. Nevertheless, Mr Arachchige points to other factors the UK Employment Tribunal conside...