Search Results

1. Eppanapally v Zhou [2014] NZIACDT 118 (28 November 2014) [pdf, 229 KB]

   ...person’s control does not trigger professional disciplinary consequences is self-evident. The usual point of difficulty is what is controllable. Proper control often requires that a professional person maintain effective control over employees and resources within a practice. Regardless, there are occasions when professional persons are blameless victims of deception, or other circumstances, and that does not trigger professional disciplinary consequences. The grounds of complaint...

2. Sargent - Ngatekawa Block (2008) 126 Whangarei MB 134 (126 WH 134) [pdf, 658 KB]

   ...owners and holding the land for the hapu. I questioned them closely on this (27 Kaitaia MB 44): "Collrt: Yes but, having a block of land for the benefit of a hapu is different to what we have here. Now, it may be that you can use some of the resources for the benefit of the hapu by reason of what's known as the Maori Comnnmity Pwposes provision but what you can't do is tU/'l1 this tll/st in to a de facto tll/st for the hapu only and not to benefit the owners. Do you...

3. [2018] NZEmpC 37 Edminstin v Sanford Ltd [pdf, 396 KB]

   ...the significance of the marks to Mr Edminstin. They represent the accumulation of knowledge gained during his working life in the Bluff oyster industry. In that situation, the inevitability, and reasonableness, of him having applied significant resources to securing the return of his property was said to justify an uplift. [23] An aggravation feature assisting in justifying an uplift was a claim that Sanford had breached the settlement agreement. [24] For comparative purposes,...

4. [2018] NZEmpC 4 Ioan v Scott Technology NZ Ltd t/a Rocklabs [pdf, 340 KB]

   ...some work, and what he saw as shifting timeframes. Rocklabs considers termination under the trial period [19] It was around this time that the engineering manager started discussing with other management and with the company’s human resources advisor the issues that were being seen with Mr Ioan. The engineering manager felt he was in a difficult position, but the view he reached, and supported by his colleagues, was that he should consider terminating Mr Ioan’s empl...

5. LCRO 159/2014 AB and RJ v OC and BR [pdf, 209 KB]

   ...2012 advising his application for a work visa had been declined. [4] Mr AB was at the time working for [Supermarket] in [Town] as a [XXXX] apprentice. [Supermarket] was supporting Mr AB in his application for a work visa. Mr NS was the Human Resources Manager at [Supermarket]. 2 [5] On 20 November 2012, Mr NS emailed Ms OC requesting a meeting to discuss Mr AB’s options going forward, following the decline of the visa application. [6] On 3 March 2013, a fee estimate was...

6. Maori Trustee - Waerenga-a-Hika Māori Cemetery (2017) 73 Tairāwhiti MB 16 (73 TRW 16) [pdf, 445 KB]

   ...formalised to reflect the fact that Wi Pere Trust, Te Whānau ā Taupara and Managtu Incorporation have been de facto trustees for some time; • Mangatu is willing to be responsible trustee, has been a de facto trustee for some time, has the resources to look after the urupā, and so is an appropriate choice for the responsible trustee. 73 Tairawhiti MB 31 [53] Section 222 of the Act sets out the Courts jurisdiction in respect of appointing trustees. That section...

7. [2020] NZEmpC 203 A Labour Inspector v Chhoir [pdf, 331 KB]

   ...the nature of the breach, this case deals with only two employees for a shorter duration of time. [55] Eleventh, I accept that the defendants may find it difficult to satisfy an order against them, but it is clear that they do have financial resources available to them. I understood counsel for the defendants to accept that they had the financial means to meet an order of the quantum sought by the Labour Inspector. In any event, and as was pointed out in Daleson Investment Limit...

8. Boon v Tuwhangai - Kawhia U2B Block [2020] Chief Judges MB 1084 (2020 CJ 1084) [pdf, 309 KB]

   ...is usually by married couples, however, the relationship between the parties was not close enough to warrant the land being held as joint tenants. [33] The applicant also noted that both parties paid equally for the shares in land from their own resources. Accordingly, the original agreement put together by their solicitor, Mr Thomson, for the shares to be held as tenants in common truly reflected the manner in which they should hold the shares. Further, Mrs Ormsby had no knowledge...

9. Mitchell v Trustees of Pukeroa Oruwhata Trust - Pukeroa Oruawhata Trust (2003) 277 Rotorua MB 285 (277 ROT 285) [pdf, 1.2 MB]

   ...profitability but am persuaded that distributions to owners are but one measure of a Trust's performance. The success or failure of investment strategies is another. Growth in asset value, strategic positioning and selective expansion of existing resources are also relevant factors that should be taken into account in assessing overall performance, as the beneficial owners have done in endorsing the increase at two recent general hui. It will also be stating the obvious that payment...

10. Roberts v McKenzie - Tokaanu Māori Township 2nd Residue Trust (2017) 371 Aotea MB 133 (371 AOT 133) [pdf, 340 KB]

    ...318 Rotorua MB 140 (318 ROT 140) 371 Aotea MB 150 that continue to vex the trust, in an effort to meet their obligations as trustees to the beneficiaries and to the trust’s creditors. [82] Because the former lessee was, at that time, well resourced, the trustees had to engage their own representation as well as expert witnesses to compel payment of rent by the former lessee and to ensure that he maintained the Hotel in accordance with the terms of his lease. That set of proce...