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1. [2019] NZEnvC 136 Federated Farmers of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 9.5 MB]

   ...and against every provision in PC10. By the time of hearing, Federated Farmers' position was that it was no longer seeking changes that brought into question the basic approach of PC10. Mr Matheson, counsel for Federated Farmers, confirmed in response to a clarification sought by the Court that only the implementation methods remain in dispute. These specific matters are to be addressed at Stage 2 of the hearing of these appeals. [11] In its appeal, CNI did not support the nitrog...

2. [2007] NZEmpC AC 19/07 Cuttriss v Carter Holt Harvey Ltd [pdf, 106 KB]

   ...March 2005, he notified the defendant that he intended to proceed with his personal grievance. On 15 September 2005 the parties unsuccessfully attended mediation. [24] Whilst admitting that there was various email correspondence including responses to the letter of 8 March 2005, the defendant claims that the grievance was raised outside the 90 day time limit and is therefore barred. The defendant also positively asserts that its actions in deleting KSP433 were not unjustified an...

3. [2007] NZEmpC WC 12B/07 Credit Consultants Debt Services NZ Ltd v Wilson & Anor [pdf, 108 KB]

   ...and Auckland, Ms Hyett said the company has an active national business operating all over New Zealand. The lack of a branch in a particular region does not mean that her company does not do work with clients in that region. [19] Mr Wilson was responsible for the other consultants within the Wellington and Palmerston North areas. He acted as a mentor and assisted them to help secure business. The company did not have an office in the South Island to avoid replicating the infras...

4. [2008] NZEmpC CC 8/08 Butcher V OCS Ltd [pdf, 80 KB]

   ...re-offending and had also admitted that he was unlucky that he occasionally gets caught. Mr Menkin referred to his offer of a position for the plaintiff away from sensitive sites as an alternative to dismissal. Mr Menkin sought the plaintiff’s response because, if he did not avail himself of this alternative, Mr Menkin would have no option but to confirm the termination of the plaintiff’s employment. It appears the offer of alternative employment was rejected by the plaintiff...

5. [2007] NZEmpC AC 45/07 Wyatt v Simpson Grierson Parternship [pdf, 97 KB]

   ...he believes that the salary reviews conducted by Simpson Grierson in or about February in each of the years 1999, 2000 and 2001 were carried out unfairly because he was paid less than comparable colleagues. [3] Simpson Grierson’s response is that there is no substance to these claims. It says that Mr Wyatt’s salary was always fixed fairly and in accordance with the terms of his employment. Simpson Grierson also said that Mr Wyatt was not entitled to pursue these co...

6. Floyd v The Proprietors of Hauhungaroa 2C Block Incorporation Committee of Management - Hauhungaroa 2C Incorporation (2014) 325 Aotea MB 42 (325 AOT 42) [pdf, 229 KB]

   ...entitled to make decisions as to what they believe is in the interest of the incorporation as a whole. He advised that the committee have since put in place job descriptions and an appraisal process for staff and have established a sub-committee to be responsible for employment matters. [36] Overall, Mr Wilson concluded that the shareholders were justified as to their concerns regarding the financial affairs of the incorporation. The committee has been remiss in the past, making...

7. Humphries v CAC 10070 & Anor [2013] NZREADT 103 [pdf, 176 KB]

   ...Memorandum (but did not pay the deposit until the following day 2 December). I produce a copy of the signed Memorandum of Agreement. 18. I would not usually comment on the GST status of a sale. I provide advice to Mr Li on this occasion solely in response to his querying the GST position after he had already successfully bid for the Property. I was not seeking to persuade Mr Li to sign the Memorandum as I understood that as the successful bidder he was already bound to do so under t...

8. [2014] NZEmpC 209 McLennan v New Zealand Post Ltd [pdf, 161 KB]

   ...attendance was Mr McLennan’s direct manager, Nigel Burton, and Lisa Whooley from Human Resources (HR). 6 At [12]. 7 At [13]. 8 At [18]. [16] The Authority recorded Mr McLennan’s responses to the four allegations, as follows: (a) With regard to the assertion that he was driving while not wearing the correct uniform, he had previously worn that item without comment from management. It had been supplied to him by...

9. CH v XO LCRO 119 / 2010 (3 May 2011) [pdf, 182 KB]

   ...purchaser’s solicitor on 8 September, and again when discussing the amendments to the Deed of Assignment, the Applicant had a choice of not proceeding with the Agreement. In the paragraph headed “telephone numbers” of her letter of 19 April 2011 in response to the submissions made by the Applicant at the hearing, the Respondent states “at this point Mr CH had a choice to make to decline items 1-4 [she may mean 6] of the letter of 5th September from the purchaser’s solicito...

10. KL v WS LCRO 160/2013 (15 June 2016) [pdf, 89 KB]

    ...certainty that Mr KL had the requisite information and could have asked informed questions about it, given Ms YL’s apparently limited involvement in her role as instructing solicitor. That did not happen. [33] The question is what disciplinary response, if any, should meet those admitted contraventions of rules 3.4 and 3.5, both of which appear on their faces to impose strict mandatory requirements. 9 [34] Rule 3.4 was recently discussed by the High Court in McGuire v Manawatu S...