Search Results

1. [2012] NZEmpC 179 Drader v Chief Executive of the Ministry of Social Development [pdf, 189 KB]

   ...Client A asked for an appointment that day. The plaintiff informed her that they had no available appointments but if she would like to sit and wait, for a considerable time, a client manager might become available. The plaintiff made enquiries in response to client A’s questions and arranged for an email to be sent to the childcare co- ordinator to have that person notify the particular childcare centre that the matter of payment was being looked into. The plaintiff did not hav...

2. [2015] NZSAAA 03, ( 11 March 2015) [pdf, 97 KB]

   ...factual information from the Ministry relating to reg 35. Obviously delays such as this are unacceptable. However no blame can be attributed to the Ministry in this regard. Indeed the initial Regulation 37(2) Report and the Ministry’s subsequent response to the appellant’s submissions were submitted well within the normal parameters and the Ministry’s responses to the Authority’s subsequent queries were exemplary. Relevant legislation and practice Regulation 35(2) [9] Re...

3. Marumaru v Waipakuranui Incorporation (2012) 279 Aotea MB 137 (279 AOT 137) [pdf, 294 KB]

   ...due to retire. She queried a resolution to pay CoM members, backdated to their 2008 election. Mrs Marumaru appended to her letter a notice of the AGM to be held 15 May 2010 and the Chairman‟s report for the financial year ending 30 June 2009. Response from the Incorporation [25] As noted above, the application before this Court was filed in November 2009. On 30 November 2009, the application was referred to his Honour Judge Harvey. On 2 December 2009, he directed that the applic...

4. [2016] NZEmpC 2 Northern Amalgamated Workers Union of NZ v Golden Bay Cement [pdf, 205 KB]

   ...Building subsidiaries. In that capacity, he had been engaged by Golden Bay as a consultant to assist in the introduction of the stable income plan. [16] Mr Gellatly's evidence was that the stable income plan was introduced by Golden Bay in response to the Company's concerns about the significant cost of high levels of overtime, in particular about the fact that a certain number of employees were earning a large amount of overtime. Mr Gellatly explained that the stable...

5. Beauchamp 30 March 2014 NZSHD 4 [pdf, 103 KB]

   ...Mr. Beauchamp’s employee Ajai Prasad. Only a half page note saying essentially that Mr. Beauchamp always told him not to buy cars without ID, that everything must be entered in the book and there was a 14 day holding period. If Mr. Beauchamp was a responsible and careful secondhand dealer it might be expected that Mr Prasad would have been able to provide a lot more information to assist Mr. Beauchamp in countering the Police material. [124] Mr. Beauchamp has admitted or stated the fo...

6. Deeming v Whangarei District Council [2015] NZHRRT 55 [pdf, 121 KB]

   ...drink excessively and about violence in Vine Street and its carpark. Whangarei District Council is reviewing its licensing policy, but we can do little to alter licenses which have been in operation for a number of years. [9] After referring to the responsibility of central government to protect young people by reducing the availability and affordability of alcohol and by committing sufficient Police resources to make streets sociable and safe environments, Mr Semenoff concluded his ar...

7. Walker v Flight - Waipapa 1D 2B 3B (2016) 352 Aotea MB 211 (352 AOT 211) [pdf, 263 KB]

   ...of the site in return for paying a modest amount of rates to the local authority. [38] Mr Koning submits that an award of damages in substitution for a permanent injunction would mean a non beneficial owner would prevail over the powers and responsibilities given to the trustees under the trust order and the Act which would be prejudicial to the interests of the beneficial owners as a whole and oppressive to the trust. Counsel suggests that s 17(2) (d) will apply in the present c...

8. LL v Sun [2019] NZIACDT 3 (30 January 2019) [pdf, 253 KB]

   ...company registered under Chinese law to assist citizens to migrate. [2] The complaint is that Mr Sun breached his professional obligations by not engaging directly with the complainant, as he is required to do under New Zealand law. Mr Sun’s response is that he must comply with Chinese law. He says he did provide all the immigration advice, albeit through a local migration company acting as an intermediary. That company is independent of him. [3] The essential issues are whet...

9. Haydyn du Fresne v CAC 406, Watkins & Fitzsimons [2019] NZREADT 6 (11 Feb 2019) [pdf, 274 KB]

   ...floors sanded again, where do you stop? [16] On the face of these two documents, there is an inconsistency or lack of harmony between them. [17] There is a third contemporaneous document which must also be considered. The appellant sent it in response to the CMA. In that response which was dated 23 May 2017 the appellant says:3 Dr Billy Thank you very much for your appraisal. I have been out there cleaning/pruning etc and go again tomorrow and Thursday. Perhaps we could...

10. Inia v Julian [2019] Māori Appellate Court MB 333 (2019 APPEAL 333) [pdf, 441 KB]

    ...Mr Paki before he died.10 The judge noted that the applicant changed her attitude “only when her own son wanted to build on the land at Mourea”. Prior to that, according to Judge Fox, the applicant was “comfortable with Paki Inia taking responsibility for the land.” In short, Judge Fox found that Mrs Julian had effectively failed to prosecute her application to challenge the will per s 45 in a timely manner and compounded this by failing to maintain a relationship with both...