Search Results

1. [2012] NZEmpC 48 Carter Holt Harvey Limited v McAuley [pdf, 134 KB]

   ...effective delaying tactics by the Union which must have come increasingly to accept the inevitability of change. Ultimately, progress of its intended restructuring lay with CHH and there is no suggestion that it took issue with the firefighters’ responses to its proposals. [11] The next event was on 6 April 2004 when the company’s representatives sent the Union what it described as its “principles” for a new integrated service model for emergency services. There was f...

2. [2013] NZEmpC 42 New Zealand Merchant Service Guild IUOW Inc v Holcim (NZ) Ltd [pdf, 126 KB]

   ...compensate for any public holidays worked. [25] Mr Cleary stressed as a “most fundamental” point the fact that “Holcim runs a 365 day a year business so, before any roster is agreed, every day of the year is a potential working day.” In response to Ms McAra’s submission 9 that there is no express agreement in cl 15.4 of the collective agreement that there is compliance with the Act, Mr Cleary submitted that such agreement is a necessary implication from the opening words...

3. McCallum v The Māori Trustee of Whanganui - Estate of Ngapiki Waaka Hakaraia [2014] Chief Judge's MB 541 (2014 CJ 541) [pdf, 215 KB]

   ...have been. Although the Māori Trustee acknowledges that where possible, the law will act to avoid an intestacy, this presumption is only relevant where the will is ambiguous and there are two possible readings of the will available. [24] In response to the applicant’s submission that cls 4 and 5 provide sufficient indication of the will-maker’s intention to avoid an intestacy, the Māori Trustee submitted that this is not the correct enquiry for interpreting the Will. The corre...

4. Milne - Te Kainga O Takenui Whānau Trust (2015) 104 Taitokerau MB 28 (104 TTK 28) [pdf, 201 KB]

   ...the next general meeting. [48] I direct the Case Manager to write to the five trustee nominees to ask them to advise within one month which of them will take up trusteeship to represent Moe, Darlia and Tihi. If I do not receive a satisfactory response within one month, I will decide for myself which of them are to be appointed. I will then make orders changing the trusteeship without the need for a further hearing. [49] I appreciate that the outcome may well result in a temporary...

5. Karena v Haines-Winiata - Te Koau A Trust (2015) 43 Takitimu MB 200 (43 TKT 200) [pdf, 217 KB]

   ...concerns. [9] On 7 August 2015 Mr Karena filed an additional application per s 19 of the Act seeking an injunction to prevent the trustees from dealing with Te Koau A block. I directed that a copy of the application be sent to the trustees seeking a response by 14 August 2015. A reply was then received from Jordan Haines-Winiata, a current trustee. [10] A judicial conference was then held on 8 September 2015 at the conclusion of which I directed that copies of e-mail corresponden...

6. Shaw v Ngati Huarere Ki Whangapoua - Ngati Pu (2015) 113 Waikato Maniapoto MB 82 (113 WMN 82) [pdf, 229 KB]

   ...what they saw as increasing uncertainty on the part of public authorities about whom they should be dealing with. This, they see as one of the consequences of the ongoing Treaty settlement negotiations. 113 Waikato Maniapoto MB 86 [15] A response to these difficulties was consideration of working with other tangata whenua groups. Dr Chalmers refers to a hui in August 2013 in Thames which she and Mr Shaw attended along with representatives of Ngāti Huarere and others. There...

7. [2013] NZEmpC 58 O’Hagan v Waitomo Adventures Ltd [pdf, 125 KB]

   ...significantly, largely contributed to by the plaintiff’s detailed focus on the defendant’s accounting system and cash takings, by way of reference to numerous spread sheets that he had prepared, together with the expert evidence that was given in response to the issues that he raised. [18] The plaintiff mounted a concerted challenge to the company director’s honesty and integrity, and levelled allegations of deliberate financial mismanagement against him. While those allegat...

8. [2014] NZEmpC 65 Tan v Yang and Zhang [pdf, 98 KB]

   ...in breach; and the range of penalties imposed in other comparable cases. [33] I take into account that Mr Tan does not appear to have come before the Authority or Court previously in relation to a breach of s 12A. He has, however, taken no responsibility for his actions. Rather he has made serious allegations relating to the authenticity of the receipt, and the defendants have been put to the trouble of pursuing a claim against him for the recovery of the money they paid. The...

9. [2016] NZEmpC 18 Saomai v Prestige Demolition Services Ltd [pdf, 122 KB]

   ...the application and every affidavit filed in support of it complies with these rules: (b) the order sought is one that ought to be made: (c) there is a proper basis for seeking the order in an application without notice. (4) The lawyer is responsible to the court for those matters. (5) Despite subclause (2), a Judge may dispense with the certificate if the applicant is unrepresented and justice so requires, and if dispensation is sought, the applicant must state the reasons...

10. ENVC Hearing 6Oct14 DM expert Nigel Drake [pdf, 873 KB]

    ...the Operations Manager for the port. Responsibilities during this time included overseeing pilot and tug operations including the building and commissioning of two harbour tugs, 2 pilot boats and one hydrographic survey/pilot boat. I was also responsible for ensuring safe channel depths for the port, appropriate navigational aids, the running of the port operations centre (Customer Service Centre), and the liaising with Government and Local Government agencies including the Harbou...