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  1. Tukapua v Taueki - Horowhenua Block 11 (2012) 278 Aotea MB 172 (278 AOT 172) [pdf, 163 KB]

    ...approved by the Court. [34] This remains an urgent outstanding task that will need to be resolved as soon as possible, either by way of further hui or postal ballot or a combination of these options, taking into account the trust’s limited resources. In the interim, and in the absence of a current trust order, it may now be necessary for the Court to set terms of trust, pending yet another meeting of beneficiaries. It will be remembered that the previous trustees were set 27...

  2. Houpapa v Woods - Taharoa A Sec 6D No 2 (2012) 44 Waikato Maniapoto MB 167 (44 WMN 167) [pdf, 134 KB]

    ...reasonably necessary to enable the owner or occupier of the land to use and enjoy the land for any purpose for which it may be used in accordance with any right, permission, authority, consent, approval, or dispensation enjoyed or granted under the Resource Management Act 1991. [51] Two issues arise out of the definition of “reasonable access” in relation to this particular block. Those issues are: a) What purposes may the land be used for? b) What physical access is reasonably...

  3. [2014] NZEmpC 153 Roy v BOT of Tamaki College [pdf, 131 KB]

    ...correspondence that the two of us will enter into”, “Let’s celebrate these positive things that we had between us and not dwell upon any negatives”, and the like. The email concluded with Mr Roy’s advice to Ms Pamaka that he had left some resources for his successor and that he would like to collect some personal items “at the end of the year”. He continued: “I've cancelled my invitation to the sports dinner to avoid anyone any sense of uneasiness, but please g...

  4. [2014] NZEmpC 99 Robinson v Pacific Seals Ltd [pdf, 188 KB]

    ...responsive and communicative and that Mr Wilton had legitimate concerns about the length of time Mr Robinson needed for recovery and whether additional surgery would be required. It determined that: 4 Having considered Pacific Seals’ limited resources as a small business with respect to staffing, alongside the 11 month duration of Mr Robinson’s incapacity at that date, the length of time before planned surgery, as well as on-going uncertainty about when Mr Robinson wou...

  5. [2014] NZEmpC 174 Workforce Development Ltd v Hill [pdf, 143 KB]

    ...acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. (3) In applying the test in subsection (2), … the court must consider – (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the e...

  6. McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57 (21 TTK 57) [pdf, 194 KB]

    ...present but it and the other cases cited by Mr Alderslade point the direction that the Court should take: Forester v Newlands (West Griqualand) Diamond Mines Ltd (1902) 18 TLR 497; Oliver v Dalgleish [1963] A11 ER 330; ANZ Nominees Ltd v Allied Resources Corporation Ltd (1984) 2 ACLC 783 and Clifton v Mount Morgan Ltd (1940) 40 SR (NSW) 31. [54] Accordingly, the irregularity in Mr Shortland moving the resolution is not fatal to the call for a poll vote. [55] But, more to the point...

  7. [2016] NZEmpC 50 NZ Nurses Org & Anor v Waikato District Health Board [pdf, 249 KB]

    ...category of dates "1987 - 1996" listed by the Authority and reproduced in [9] above, but the description of her employment during that actual period needs expanding upon. [34] Evidence was given on behalf of WDHB by a long-serving Human Resources Consultant, Ms Julie Gledhill. Ms Gledhill has been employed by WDHB since 1981. Her evidence, which I accept, was that as from June 1990, Ms Panettiere, who had been working with WDHB's predecessor, was on parental leave w...

  8. Implementation for Drivers of Crime investment package for alcohol and other drug assessments and interventions [pdf, 221 KB]

    ...Improving the Transition report, May 2011, states: “a key challenge is to ensure that all programmes are appropriately monitored to ensure they are effective and cost effective within the New Zealand context, allowing better use of scarce public resources” [Office of the Prime Minister’s Science Advisory Committee. May 2011. Improving the Transition; Reducing Social and Psychological Morbidity during Adolescence. Auckland: Office of the Prime Minister’s Science Advisory Committee...

  9. Reid v Fire Services and Crown Law (Recall Application) [2012] NZHRRT 27 [pdf, 95 KB]

    ...was filed. In an email to the Secretariat of the Tribunal dated 23 April 2012 Mr Reid explained why: 4 Also it may assist the Tribunal to know that the appeal for which the Court of Appeal granted leave was not pursued because of my limited resources and because, at best, the appeal would have confirmed the current legal position that the Tribunal was bound by the Blank and Snorkel decisions. [15] We do not accept that “the current legal position” is as claimed by Mr Reid. W...

  10. CAC20005 v Peng [2015] NZREADT 4 [pdf, 227 KB]

    ...Earl submits that this is a clear breach of her duty to act in accordance with her instructions and in the vendor’s best interest and licensees clearly have such obligations as has been discussed in the case Lac Minerals v International Corona Resource [1989] 61 DLR (4th) 14 at 36-37: “the ... facts giving rise to an obligation of confidence are also of considerable importance in the creation of a fiduciary obligation. If information is imparted in circumstances of confidence, and i...