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1. [2008] NZEmpC WC 12A/08 Orakei Group (2007) Ltd formerly PRP Auckland Ltd v Doherty [pdf, 52 KB]

   ...him that Mr Doherty had responded to the draft agreement and wanted to make some changes to his existing contract. Some of the language used in that e-mail which was read to the Court by Mr Doherty is significant. I have received finally a response from Hilton to the employment contract we gave to him last year. … my understanding is that we are unable to unilaterally change his contract and as we have advised we were taking over the contracts when we purchased the business,...

2. [2009] NZEmpC CC 4/09 Benson v Air Nelson Ltd [pdf, 48 KB]

   ...this process was the weighing of baggage and recording that information in Air Nelson’s computer system where it was later used for a variety of purposes including the weight and balance calculations. As a supervisor, Mr Benson was not only responsible for carrying out these procedures himself but also for ensuring that other staff did so. [10] Air Nelson had established procedures for dealing with excess baggage. At the time in question, that was baggage exceeding 23 kg for any...

3. [2015] NZEmpC 158 Sealord Group Ltd v Pickering [pdf, 123 KB]

   ...on a fishing vessel, the FV Will Watch, which operated out of Mauritius in the Indian Ocean. 1 Sealord Group Ltd v Pickering [2015] NZEmpC 76 at [89]-[90]. The plaintiff (Sealord) was responsible for the recruitment and management of the vessel's New Zealand sourced crew. At the end of 2012, Mr Pickering brought a claim in the Employment Relations Authority (the Authority) alleging that in September 2010 he had been...

4. Kupa Snr v DJ Whitfield and Sons Ltd – Omahu 4C Section 6 (2015) 45 Takitimu MB 219 (45 TKT 219) [pdf, 439 KB]

   ...Apatu whänau. [8] I issued directions on 5 May 2015 that a meeting of owners would be convened and that notice of the meeting and the right of first refusal of the preferred class of alienees was given per s 147A of the Act. Mr Hewson filed a response supporting the resolution that the respondent purchases all shares in the land to become the sole owner. As an alternative, Mr Hewson offered to purchase all the shares himself. [9] The meeting of owners took place on 8 June 2015....

5. Recording Industry Association of New Zealand v Telecom NZ 3663 [2013] NZCOP 7 [pdf, 59 KB]

   ...sharing program does not reach the point. [33] This is of course not to suggest that liability for copyright infringement requires an intention to infringe. And the Copyright Act 1994, including the 2011 file sharing amendments, impose important responsibilities on account holders. However, in this application, where the applicant had formed the view that the infringement involved uploading by others rather than active participation in the infringement by the account holder, the educat...

6. ENVC Hearing 6Oct14 AT evidence chief Aut Karndacharuk [pdf, 2.5 MB]

   ...approved traffic control devices put in place by the AT Traffic Control Committee. The AT Parking Officers play a significant role in managing and enforcing the Ferry Terminal Area, especially during the peak activity periods. 28 However, the responsibility of the AT Parking Officers is officially limited to parking control and management. The enforcement and monitoring responsibility of ‘moving’ vehicles is the responsibility of the Police. The current situation whereby AT P...

7. Hemi – Te Pupuke E1G1A (2013) 60 Taitokerau MB 151 (60 TTK 151) [pdf, 141 KB]

   ...licences of 2000m² each. 7. There is one occupation order and one occupation licence of 2000m² each. [12] The application came before me again on 8 September 2011. The Council officers, Ms Gavin-Young and Ms Radovanovich, provided a further helpful response to my directions of 7 September 2011 setting out the rates consequences under the seven scenarios. Rather than set out their response in full, I simply attach it as Appendix A to this decision. [13] At the hearing the Counc...

8. Scarborough v Kelly Services NZ Ltd [2015] NZHRRT 53 [pdf, 73 KB]

   ...calendar year. Kelly Services is Assa Abloy’s provider of temporary staff. Throughout 2014 a total of 151 temporary staff were on site. The average duration for a temporary assignment was 4.25 weeks. [21] Team Leaders and Team Coordinators are responsible for the management of their labour resources. They meet on a weekly basis with the Production Managers to review labour usage both for their team and across the business. At this meeting they review sales orders and decide on sta...

9. CM v XH LCRO 97 / 2010 (5 July 2011) [pdf, 114 KB]

   ...and said that he had every intention of making some written submissions and had been denied the opportunity to do so before the Standards Committee considered the evidence. He had raised this concern with the Standards Committee and received a response the next day with a better explanation of the Standards Committees procedures. In particular, the Applicant was informed that the Committee had not set 3 the matter down for a “hearing on the papers”, having resolved to tak...

10. Lee v Whangarei District Council & Ors [2013] NZWHT Auckland 5 [pdf, 154 KB]

    ...finding in the District Court. Ms Lee cannot pursue the same or similar arguments in two different jurisdictions and expect a different result. [47] Mr Percy, managing director of Altherm Aluminium Northland Limited, the third respondent, in response to Mr Beresford’s submissions, wrote: “This case is farcical! In breach of fair play, and a waste of taxpayer and private individual’s money.” That is a clear indication of the danger that the administration of justice wil...