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1. 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...

2. Green – Trustees of Te Kou Tiaki and Tangi Ataahua Green Whanau Trust (2014) 92 Waiariki MB 183 (92 WAR 183) [pdf, 213 KB]

   ...Wherowhero Green is one of the children of Te Kou Tiaki. He alleges that the trust is ineffective and has failed to account to beneficiaries. The applicant wants the Trust terminated as, in his view, the trustees have not adhered to their roles and responsibilities. [5] The Court heard the matter on 3 July 2013 3 when counsel sought to have this application substituted for a s 241 application. That was not permitted but both applications were dealt with. [6] Following discussion...

3. Gillard v CAC 20003 [2014] NZREADT 4 [pdf, 132 KB]

   ...it is a matter of judgment whether any of the rules have been breached. …” [37] We went on to state: “[51] We have previously held that not every departure from best practice will amount to unsatisfactory conduct requiring a disciplinary response (Wetzell v CAC & MacVicar [2011] NZREADT 8 at [37]; but care must be taken when applying this dicta. Any suggestion that licensee conduct must be at the more serious end of the disciplinary spectrum before a disciplinary response i...

4. Garlick v REAA CAC 20003 & Anor [2014] NZREADT 40 [pdf, 61 KB]

   ...direct dealings with the vendor. [4] As against Mr Leitch, the listing agent, the Committee found that the vendor had been verbally advised that after the sale was completed she would not have to pay a double commission. Mr Leitch stated in his response that he explained the potential risks to the commission to the vendor but he also stated that if there was any commission dispute it would be sorted out between the agencies. [5] The Committee found that they were bound by the Tucker...

5. Gollins Commercial Ltd v Registrar of the REAA [2016] NZREADT 16 [pdf, 154 KB]

   ...consumers on the sale or purchase of their largest asset and it is vital that individuals can rely on them to do so with the utmost integrity, as well in relation to their dealings with contractual documents and client funds. It is the Registrar’s responsibility to take these considerations into account when making decisions under s 43 of the Act. We agree. [40] We accept that it follows from the above submissions that res judicata issues raised on behalf of the applicant company d...

6. [2013] NZEmpC 191 Ohms v Vice-Chancellor Auckland University of Technology [pdf, 153 KB]

   ...for illegitimate purposes”. He submitted that Lloydd “is an acceptance of the important question of law which is applicable to this case namely are there limits to the use of special leave to protect interests of the employer.” [16] In response Ms Swarbrick submitted that these questions are not questions of law, but rather “intensely factual” questions, requiring consideration of: (a) The circumstances surrounding the Applicant’s leaving of the workplace, (b) Whe...

7. [2013] NZEmpC 15 Vulcan-Steel Ltd v Wonnnocott [pdf, 125 KB]

   ...The employer’s consent was asserted, but denied. 5 At [20] 6 [2007] ERNZ 762. [25] The Employment Court found, at [19]-[20] of its judgment as follows: [19] I find that by his written responses and his subsequent willingness to engage in mediation with Mr Hawkins without raising the 90-day issue the defendant impliedly consented to the grievance being raised after the expiry of the 90-day period. [20] I conclude that the...

8. Director of Proceedings v Thomson [2015] NZHRRT 5 [pdf, 293 KB]

   ...the woman … Midwives respond to the social, psychological, physical, emotional, spiritual and cultural needs of women seeking midwifery care, whatever their circumstances, and facilitate opportunities for their expression … Midwives have responsibility to ensure that no action or omission on their part places the woman at risk. Midwives have a professional responsibility to refer to others when they have reached the limits of their expertise. Standard Three: The midwi...

9. BORA Citizenship Amendment Bill [pdf, 344 KB]

   ...his or her age or standard of education, or for any other reason personal to the applicant, would suffer undue hardship if compliance with this requirement were insisted upon. Again, the Minister is – pursuant to s 6 of the Bill of Rights Act – responsible for ensuring that this discretion is exercised in a manner that is consistent with that Act. • In our view, the language requirement is rationally and proportionally connected to the above-mentioned objectives. We consider tha...

10. [2016] NZEmpC 60 Eden Group Ltd v Jackson [pdf, 178 KB]

    ...The Employee shall not, whether during the currency of this agreement or after its termination for whatever reason, use, disclose or distribute to any person or entity, otherwise than as necessary for the proper performance of their duties and responsibilities under this agreement, or as required by law, any confidential information, messages, data or trade secrets acquired by the Employee in the course of performing their services under this agreement. This includes, but is not lim...