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1. [2016] NZEmpC 83 Savage v Capital Coast DHB [pdf, 259 KB]

   ...follows: Service perspective – Casual Pool This is a staffing pool which hires individuals on a casual basis to fill staffing gaps arising from planned and unplanned leave of permanent employees or due to sudden and temporary need for additional resources. The individuals may be kept on the books on an ongoing basis for easy access to them in the future but there is no obligation on the employer to rehire them or the employee to make themselves available. They are hired to...

2. MSC v Scholes [2013] NZIACDT 58 (10 September 2013) [pdf, 239 KB]

   ...supporting the application “do not reflect the income derived from the respective businesses and the income was relatively low.” Ms Scholes says the complainant failed to disclose the funds were borrowed, and said they were sourced from her parent’s resources. [87] Ms Scholes had no knowledge of any loan from Ms Rubio until May 2011. [88] Ms Scholes was not told of the complainant’s second IELTS result until May 2011. Ms Scholes says: [88.1] The complainant falsely claimed tha...

3. Coronial Services Annual Report 2016-2017 [pdf, 1.8 MB]

   ...this year are listed on page 29 of this Annual Report. This year has been a busy one, with an increase from last year in the number of deaths over which coroners took jurisdiction. At the beginning of 2018 we hope to have in place additional legal resources to assist coroners with their high workload. I hope you enjoy reading this overview of coronial work for the period 1 July 2016 to 30 June 2017. Her Honour Judge Deborah Marshall Chief Coroner DECEMBER 2017 1 Section 105A of the Cor...

4. LCRO 53/2020 YJ v GK (22 April 2021) [pdf, 280 KB]

   ...application would have made Mr DQ’s application more attractive to the bank. [112] Related to this complaint, is Mr YJ’s allegation that Mr GK knew Mr DQ was incurring additional liability to the bank which therefore reduced Mr DQ’s own financial resources, and this had the effect of increasing Mr YJ’s exposure to the bank by being called upon to meet a greater share of ABCD’s borrowing should there be a default. [113] Mr YJ alleges therefore, that Mr GK has breached his...

5. Taueki - Horowhenua X1B41 North A3A and 3B1 (2008) 16 Aotea Appellate MB 30 (16 WGAP 30) [pdf, 10 MB]

   ...recognition by legislation and by the Courts. [37] It is not for us to comment on the merits of Ms Taueki's claims about the environmental impact of farming on the lake and the surrounding area. Those are matters that are governed primarily by the Resource Management Act regime. This Court does not have a role in policing environmental issues relating to Maori land, except to the extent that such issues might arise in the context of the Court's jurisdiction under section 18 of t...

6. Williams v Trustees of Parahirahi C1 (2005) 37 Kaikohe MB 212 (37 KH 212) [pdf, 6.5 MB]

   ...the reservation trust never owned the kohanga reo building. The arrangement ended when the kohanga reo building was sold by the National Trust. • The payment of $5000 was a financial contribution towards the legal costs ofthe appeal under the Resource Management Act 1991 against the building of the prison on Ngawha Waikaukau lands - within the same tupuna whenua. She noted her view that the payment \vas authorised by the constitution of the trust (its aim, objectives and secti...

7. Complaints Assessment Committee 413 v Marr [2019] NZREADT 008 [pdf, 334 KB]

   ...centre, and had them print information on it in order to create the 2 August agreement. Her evidence was that she handwrote information on a blank Agency agreement in order to create the 9 August agreement. In each case, she used Agency resources to undertake a private sale. We accept the evidence given by Ms Dovey (Regional General Manager of the Agency) that any of their agents would have known that this was against Agency protocols. [d] Ms Marr inserted a “contemporan...

8. [2019] NZEmpC 40 Berry v The Chief Executive of the Ministry of Business, Innovation and Employment [pdf, 328 KB]

   ...Ms Lakeman, in her brief, states that the fact that the complaint was not made about a MBIE staff member but about a third party over whom MBIE did not have any employment jurisdiction made the situation more unusual than a normal internal human resources complaint. She indicated correctly that MBIE could not just launch an investigation as it might do in relation to an issue between two of its own staff. She therefore considered that any decision as to how to proceed had to be made...

9. [2018] NZEmpC 76 Marx v Southern Cross Campus Board of Trustees [pdf, 382 KB]

   ...in person Rachel J Scott and L Cole, counsel for defendant Judgment: 9 July 2018 JUDGMENT OF JUDGE M E PERKINS Introduction [1] Mrs Sandra Marx was employed by the Southern Cross Campus Board of Trustees (SCC) as a Resource Teacher of Learning Behaviour (RTLB). She claims that she commenced such employment on 25 November 2011. SCC agrees that she accepted an RTLB position in November 2011 but was to commence employment on 25 January 2012, and she did s...

10. [2020] NZREADT 12 - Feschiev (4 May 2020) [pdf, 241 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2020] NZREADT 12 READT 020/19 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN BORIS FESCHIEV Applicant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 1901) First respondent AND NICOLA (NICKI) CRUICKSHANK & TOMMY’S REAL ESTATE LTD Second respondents Hearing: 8 October 2019, Wellington Tribunal: Mr J Doogue, Deputy Chairperson