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1. [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...

2. 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...

3. 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...

4. 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...

5. [2019] NZEmpC 31 Talbot Agriculture Ltd v Wate [pdf, 495 KB]

   ...occurred. [48] In applying subs (2), section 103A(3) requires the Court to consider a number of factors. They are: (3) In applying the test in subsection (2), the Authority or 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 employer had...

6. Martelli v The Real Estate Agents Authority CAC (409) NZREADT 23 [pdf, 240 KB]

   ...In order to comply with the rules it is obvious that effective and reliable administrative systems are required to diary the expiry of authorities. It is expected that licensees will not only understand that but will also have the ability and resources to ensure that their in-house systems are effective to achieve the required outcome. [75] It is possible that a situation could occur where a licensee suddenly and unexpectedly becomes vulnerable in this area because of unexpected oc...

7. {2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay [pdf, 143 KB]

   ...in the hope that the conflict could be resolved. She agreed to attend mediation. She asked for a response from Mr McLennan at his earliest convenience. 12 [18] Subsequently, Mr McLennan discussed the information he had obtained with Human Resources (HR) advisors prior to a telephone conversation with Ms Mackay which occurred on 8 August 2014. By then, he had reached preliminary views as to the workplace conflict. These were not explained to Ms Mackay either before or on 8 Au...

8. Complaints Assessment Comittee 404 v Hawkins [2017] NZREADT 16 [pdf, 214 KB]

   ...[45] Some or all of the above matters may be relevant at a later stage. The charge [46] The essence of the charge against Mr Hawkins was that his conduct in: a. purchasing the Taihape Road when he was the listing salesperson; b. using Tremains resources to market the property; c. using his specialist knowledge as a real estate salesperson to market the property; d. preparing draft and final sale and purchase agreements on Tremains documentation; e. leading prospective purchase...

9. LCRO 72/2020 ZW v CB (29 September 2020) [pdf, 204 KB]

   ...noted at the hearing, he could not force the parties to mediate. [104] It is also clear from the file that Mr CB’s attempts to achieve a settlement for Mr ZW were frustrated by two obstacles which commonly impede the path to settlement: a well-resourced and competently represented opponent, and an opponent who appeared to be adopting delay and non-response as a litigation tactic. 17 [105] As matters progressed and the parties’ positions crystallised, it became clear that t...

10. [2020] NZEmpC 165 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [pdf, 294 KB]

    ...2017 and settled Ms Makea- Ruawhare’s personal grievance. [10] Ms Makea-Ruawhare attended mediation with Mr Halse and Ms Simpson; Turuki was represented by its Chief Executive, Ms Winiata, and by Ms Ratcliff, who is engaged by Turuki in a human resources consultant role. Mr Anthony Drake, Turuki’s solicitor, also was in attendance. [11] A record of settlement was entered into under which Turuki agreed that it would make certain payments to Ms Makea-Ruawhare or for her benefi...