Search Results

1. [2023] NZEmpC 51 Halse v Employment Relations Authority [pdf, 209 KB]

   ...proceedings and those determinations are likely to be determinative of substantial issues to be resolved in the proceedings at hand. The argument is often that the parties would incur unnecessary expense and it would be a potential waste of judicial resources if the current proceedings were to proceed prior to the delivery of the Court of Appeal’s judgments.8 [17] Mr Halse has said that he will be filing proceedings in a separate (but similar) case.9 He says that in that case he...

2. [2022] NZEmpC 60 The Chief of New Zealand Defence Force v Darnley [pdf, 200 KB]

   ...the Court noted that those factors did not preclude her from engaging in job-seeking activities from as early as 27 March 2019 and attending various job interviews (within the 90-day period). It was also noted that she was an experienced Human Resources practitioner and would have been well aware of the 90- day time period for raising a grievance. In view of those considerations, the Court found that the delay was not occasioned by exceptional circumstances and that it was not appr...

3. Waikato Bay of Plenty Standards Committee 2 v Revell [2022] NZLCDT 40 (9 November 2022) [pdf, 99 KB]

   ...client funds without authority. [7] Mr Revell commenced sole practice in October 2018. The irregular transactions (June to August 2019) occurred after he had been in sole practice for about eight or nine months. His practice was not substantially resourced financially. He had no office. At the hearing he accepted the proposition that his practice was running on a shoestring. [8] The irregular transactions comprised, thirteen payments transferred by Mr Revell from his trust acc...

4. L Foundation v OS [2023] NZDT 555 (2 May 2023) [pdf, 254 KB]

   ...ii. OS would not be entitled to any commission at all (but [OS’ sister] would still receive her commission) if the sale price went below $2,500.00. 40. OS submitted that: a. Caring for and selling the puppies took a great deal of time and resources. b. [OS’ sister] was entitled to payment for her work. c. There was no agreement that she would not receive a commission on sales under $2,500. d. In some instances, she agreed to reduce her commission if she reduced the pric...

5. BX & JD v ML [2022] NZDT 283 (30 December 2022) [pdf, 225 KB]

   ...CI0301_CIV_DCDT_Order Page 4 of 5 31. I am satisfied on the balance of probabilities that it is uneconomical to repair JD’s vehicle due to the extent of the damage. I have carefully considered ML’s argument that by relying on whanau and other resources, it might be possible to sell the engine separately to mitigate JD’s losses, or to complete a vehicle swap of the front section of the vehicle. 32. However, I must also consider the substantive merits and justice of this matte...

6. [2023] NZEnvC 248 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 213 KB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision No. [2023] NZEnvC 248 IN THE MATTER OF an appeal under clause 14(1) of Schedule 1 to the Resource Management Act 1991 against a decision on Proposed Plan Change 21 to the Auckland Unitary Plan BETWEEN EDEN-EPSOM RESIDENTIAL PROTECTION SOCIETY INCORPORATED (ENV-2020-AKL-079) Appellant AND AUCKLAND COUNCIL Respondent AND SOUTHERN CROSS HOSPITALS LIMITED Requestor AND K...

7. TR v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 82 [pdf, 262 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law. Grounds of appeal [23] The applicant submitted the Judge’s findings of fact were unsupp...

8. [2023] NZEmpC 210 Robertson v IDEA Services Ltd [pdf, 208 KB]

   ...be taken to Calderbank offers in employment cases and that consideration should also be given to the fact that an employee in pursuing a claim may be seeking vindication.14 The Court held:15 …It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. Where defendants have acted reasonably in s...

9. Rorason v Hughes - Tuaropaki A (2024) 323 Waiariki MB 233 (323 WAR 233) [pdf, 227 KB]

   ...during the meeting, and importantly, 323 Waiariki MB 238 the minutes record Ruth asking to be reimbursed for costs to her whare that has been donated to the Mōkai Marae. Costs included relocation costs for plumbing, the septic tank, and resource consent for the total cost of $9,500.00. [18] The minutes of the Tuaropaki A Trust Meeting held on 21 July 2007 are also consistent with the trustees claim that ownership of the house had transferred to the Marae. The minutes record...

10. [2024] NZEmpC 53 Allstar Roofing Ltd v Liu [pdf, 210 KB]

    ...jurisdiction to issue a stay in relation to that determination due to its derivate nature, see Maheta v Skybus NZ Ltd [2022] NZCA 516, [2022] ERNZ 1005. 6 Employment Relations Act 2000, s 180. 7 Employment Court Regulations 2000, reg 64. 8 See Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. While this judgment was unrelated to stay applications in this Court, it has been cited with approval in a number of Employment Court judgments, s...