Search Results

1. [2017] NZEmpC 104 Nathan v Broadspectrum (NZ) Ltd [pdf, 218 KB]

   ...the contract which it has with Wellington Cable Cars Ltd. That contract requires Broadspectrum to certify and warrant the competency of its staff who work on Wellington Cable’s network. [14] Mr Nathan swore an affidavit on 8 August 2017 in response to this application for a stay. He stated his willingness to undertake any reasonable training but not if doing so is a barrier to resuming active duties. He did not accept any competency assessments had been failed and pointed out...

2. Smith v Smith - Waipaoa 5A2 (2017) 70 Tairāwhiti MB 161 (70 TRW 161) [pdf, 229 KB]

   ...Hemana the next day, where the letter of 8 February 2017 was raised. I raised with counsel and Mr Hemana that, on a generous interpretation, what Bruce was seeking, was effectively, a rehearing. Subsequently, Mr Watson, filed a memorandum in response. [6] On 13 February 2017, I then issued a second interim judgment. 4 In that decision, I referred to the request of Bruce for a rehearing and the submissions of Mr Watson in response. I directed that all five current estate trustee...

3. Adams v Aucamp [2016] NZIACDT 53 (14 September 2016) [pdf, 210 KB]

   ...orders are required, regardless of Mr Aucamp’s means. [46] Putting Mr Aucamp’s means to one side, the starting point for a financial penalty would be $7,500, in addition to the other orders. Given Mr Aucamp’s absence of contrition, and his response to the complaint, it would likely also be the penalty. There are no evident mitigating factors. Mr Aucamp’s financial position would potentially allow some discount, however, given that he has not even seen fit to provide submissions on...

4. Ruka - Taheke 23A and 23B [2010] 2010 Maori Appellate Court MB 629 (2010 APPEAL 629) [pdf, 97 KB]

   ...specify any area in his application. It is true that strainer posts were put in the ground and they enclose an area of 3,900m 2 . At a hearing on 24 April 1974 the Court was asked to provide an area of 2 acres. The fact is that the Court, in response to that request, awarded 2 acres. While this may now appear to be of some significance to the uri of Hiri Reihana Ruka, it appears to have been accepted in 1976 and of no significance at that time. 2010 Maori Appellate Court MB 63...

5. Love v Trustees of the George Love Whānau Trust - George Love Whānau Trust (2017) 45 Te Waipounamu MB 142 (45 TWP 142) [pdf, 228 KB]

   ...termination goes against what he would have wanted. (c) The conflict in the family is about issues which are not to do with the trust and, as the trustees have only recently been appointed, they should be given the opportunity to show that they can act responsibly. Submissions by other interested parties [21] Lorna Robb, a former trustee, spoke at the hearing in opposition to the application. She submitted that she did not want to see her father’s trust split as it was his inten...

6. Matenga - Parish of Tahawai Lot 18C-F and 18I (2003) 73 Tauranga MB 150 (73 T 150) [pdf, 660 KB]

   ...151 After Mrs Matenga's evidence was presented Mr Bryan advised that he had not been served with Mrs Matenga's affidavit and accompanying documentation. The hearing was adjourned to give Mr Bryan an opportunity to prepare and file a response to Mrs Matenga's submissions. On 30 April 2003 the Court reconvened to hear Mr Bryan's evidence and submissions and any reply from Mrs Matenga or her representatives. The decision was reserved. Parties' Submissions·...

7. Nicholas v Gibbons - Poike 8E [2019] Māori Appellate Court MB 68 (2019 APPEAL 68) [pdf, 408 KB]

   ...trust order, the proposed amendments to the trust order and were advised that the amendments would allow the existing trust to remain in 2019 Māori Appellate Court MB 78 place and continue with the ongoing management of the land. Mr Koning responsibly conceded that if the trust did not ‘drop dead’ on 27 July 2017, the notice and information provided to the owners was sufficient to vary the trust order. [30] At the meeting, the trustees and owners present discussed each of...

8. LCRO 52/2016 and 57/2016 BF v ZL (18 February 2019) [pdf, 203 KB]

   ...more than 1 party in respect of the same transaction or matter where the prior informed consent of all parties concerned is obtained. [53] In this regard, the parties are referred to the commentary by the authors of the text Ethics, Professional Responsibility and the Lawyer:21 21 Duncan Webb, Kathryn Dalziel and Kerry Cook Ethics, Professional Responsibility and the Lawyer (3rd ed, LexisNexis, Wellington, 2016) at 212, footnotes omitted...

9. Viaduct Harbour Holdings Limited [pdf, 786 KB]

   ...consequence of the change to the management plan; • The proposed changes are the subject of consultation with all potentially affected parties including VHHL, with those parties being given an opportunity to provide to the Council their written responses to the proposed changes; and • The Council is satisfied that the revised management plans continue to meet the outcomes, standards and thresholds specified in the conditions. General Observations re Panuku Schedule of Cond...

10. [2021] NZEmpC 33 Saipe v Bethell [pdf, 238 KB]

    ...effective when it was delivered [43] If the personal grievance had been submitted through the letter dated 26 November 2013, it would have been raised with the Cottages on receipt into the Cottages’ post office box. It is the employer who is responsible for managing its business, including when it takes notice of mail delivered to it. As the personal grievance letter was delivered to the post office box on 29 November 2013, that would be the date on which the grievance was rais...