Search Results

1. [2007] NZEmpC CC 5/07 Reynolds v Burgess [pdf, 116 KB]

   ...contact her referees. One was unavailable. Another said she did not know Ms Burgess. The third, Glen Stevens, said that Ms Burgess had worked for him only briefly whereas she had said the period was 6 months. When Ms Reynolds told her of these responses, Ms Burgess was embarrassed and caused Ms Reynolds to have concerns about her “integrity.” [41] Other staff were employed to work at Eftpos Easy during the time Ms Burgess was there. These included Amy Williams and Galin...

2. [2015] NZEmpC 147 Rodkiss v Carter Holt Harvey Ltd [pdf, 268 KB]

   ...Rodkiss has incurred legal expenses of $230,313.61.” [2] Mr Rodkiss had been employed as Engineering Manager at Carter Holt Harvey Limited’s (the defendant) Eves Valley sawmill, near Nelson. His was a senior position and he was directly responsible for the management of the plant's 1 Rodkiss v Carter Holt Harvey Ltd [2015] NZEmpC 34. maintenance department of approximately 30 employees. He brought proceedings in...

3. Trustees of Tauwhao Te Ngare Trust v Shaw – Tauwhao Te Ngare Block (2013) 2013 Chief Judge’s MB 567 (2013 CJ 567) [pdf, 193 KB]

   ...Marae Reservation was vested in different trustees, the applicant would need their consent to pass over the Marae Reservation. [7] On 7 March 2012 the respondent refused the offer. Applicant’s Submissions [8] The applicant’s submissions in response to the Court’s direction were filed on 30 March 2012. [9] These submissions addressed the jurisdiction of the Chief Judge in terms of s 45 of the Act and whether the application is in the interest of Justice having regard to the...

4. Trustees of the Horina Nepia and Te Hiwi Piahana Whanau Trust v Ngati Tukorehe Tribal Committee & Tahamata Incorporation (2014) 314 Aotea MB 159 (314 AOT 159) [pdf, 231 KB]

   ...is no specific recognition given to Te Mateawa or Kapumanawawhiti or Ngāti Manu or Patumakuku. Again, all reasonably defunct hapū of Ngāti Tukorehe and all with some substance, but again, they are part of who we are. [42] Mr Poutama, in response to counsel’s question over the benefit of the shares passing exclusively to Ngāti Tukorehe to the detriment of Te Mateawa and Ngāti Kapu, made the point again in unequivocal terms that the three hapū are inextricably linked. The...

5. Lee v Auckland Council [2016] NZWHT Auckland 2 [pdf, 317 KB]

   ...site or carried out his communications solely by telephone. [39] Ms Grant advanced the theory that the cladding inspection was not carried out because Mr Yansen attended site and identified that Styroplast had been used rather than Insulclad. In response, Mr Paykel commented that the PS3 certificate would not in that case be requested from Plaster Systems as recorded in the file note as, unlike Insulclad, Styroplast is not a Plaster Systems product. [40] It is not established tha...

6. IR v ST LCRO 203 / 2010 (9 March 2012) [pdf, 190 KB]

   ...Complaints Committee No. 1 of the Auckland District Law Society v C [2008] 3 NZLR 105). [44] Conduct unbecoming has a slightly lower threshold. The test will be whether the conduct is acceptable according to the standards of “competent, ethical and responsible practitioners” (B v Medical Council [2005] 3 NZLR 810 per Elias J at page 811). [45] Having noted the differing tests to be applied in respect of conduct prior to and after 1 August 2008, I observe that Mr IR has not ma...

7. [2008] Olsen v Carter Holt Harvey IT Ltd Full Court [Chief Judge Colgan, Judges Shaw and Couch, AC 45/08 [pdf, 97 KB]

   ...she became an employee of DMS 2005 before she was sent away. The facts [15] Mrs Olsen was employed by DMS as a company accountant in June 2003. Later that year, her position was changed to Business Services Manager. In that role she was responsible for the company’s finance and human resources functions. [16] DMS was formed as a joint venture between Carter Holt Harvey Limited (“CHH”), the Electronic Company of New Zealand (1971) Limited (“ECONZ”) and Dynes Managem...

8. Miscarriage of justice - Scott Watson - K McDonald's supplementary advice March 2013 [pdf, 349 KB]

   ...placed weight on defence counsel' s tactical decision not to call [...] as a witness. 2 My instructions 6. As indicated above I received instructions on 14 December 2012 from the Ministry asking that I provide Supplementary advice in response to defence counsel's submissions on the following matters: (a) that a referral to the Court of Appeal is now warranted on the ground that the verdict was unreasonable and can not be supported having regard to the evidence....

9. [2019] NZEmpC 145 A Labour Inspector v Parihar [pdf, 368 KB]

   ...payment of arrears, in full, from personal funds. (b) Co-operation with the Labour Inspector during investigations. (c) No attempt to conceal breaches. (d) Immediately undertaking to remedy future practices. (e) Early admission and acceptance of responsibility for penalties. This has resulted in a reduction of Court time if the matter had continued to proceed on a fully defended basis. (f) Genuine remorse. [34] Mr Hammond also submitted that Mrs Parihar’s position...

10. [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board [pdf, 567 KB]

    ...Manager’s salary was $115,000 per annum. The second difference was seniority, because the Business Manager’s job reported to the General Manager. [7] Mr Roach never started work as the Business Manager and did not perform its duties and responsibilities. His appointment to that job was overtaken in September 2016 by the offer and acceptance of the General Manager’s job. That explains why the starting date for both jobs was the same; he had already resigned from his previous...