Search Results

1. [2018] NZEmpC 61 Butterfield v Alliance Group Ltd [pdf, 364 KB]

   ...production manager’s home and showed him the text message. After it became aware of the text message, Alliance determined that it should investigate. It sent Mr Butterfield a letter dated 29 July 2014 inviting him to a meeting to obtain his response. Alliance advised Mr Butterfield that, as he was not currently an employee, his attendance at such a meeting would be entirely voluntary. [13] Alliance also advised Mr Butterfield that the issue had to be satisfactorily resolved b...

2. [2018] NZEmpC 31 Ahuja and ors v Labour Inspector MBIE [pdf, 311 KB]

   ...your son’s photo then you feel the same pain I feel in front of the court. I never mentioned Chirag specifically in either call but [Neelam] asked why I was accusing Chirag of sending Black Power. ... [16] Rhythm Ahuja’s evidence in response was as follows: ... 21. I have seen [employee A’s] statement that she gave to the Police and I deny saying what she has put in her statement. 22. It is now hard to remember exactly what was said between us but as best as I...

3. BORA Insolvency Law Reform Bill [pdf, 382 KB]

   ...creditors to recover debts from debtors outside of New Zealand, and yet relatively easy for debtors to travel or emigrate, taking realisable assets with them, in order to avoid their creditors. 26. In our view, this clause is a rational and proportionate response to the problem as it only applies to situations where the debtor is intending to defeat or delay his or her creditors. Furthermore, a debtor leaving with that intent is merely deemed by the Bill to have committed an act of bankr...

4. [2018] NZEmpC 88 Lorigan v Infinity Automotive Ltd [pdf, 321 KB]

   ...Disclosures Act apply? [87] Mr Lorigan stated that he had made a protected disclosure, apparently with Sime Darby Berhad which he said is a Kuala Lumpur entity. No evidence of this step has been placed before the Court, or as to its timing, content or response. He stated that he believed this negated the various provisions relating to time in the Employment Relations Act 2000. He did not refer to any provision in the Protected Disclosures Act (the PD Act) to support this submissi...

5. AF v X Standards Committee LCRO 84/2014 [pdf, 279 KB]

   ...pursuing enquiry into a complaint made against Ms AF by Mr Z. Background [2] In 2009, Mr Z instructed a [town] law firm to act in respect to a dispute Mr Z was engaged in with his former employer. [3] Ms AF was a litigator in the firm and assumed responsibility for managing Mr Z’s file. [4] Ms AF subsequently resigned from the law partnership and commenced practice as a barrister sole. [5] In 2010, Ms AF filed proceedings in the [town] High Court on behalf of Mr Z. Thos...

6. [2019] NZEmpC 31 Talbot Agriculture Ltd v Wate [pdf, 495 KB]

   ...advertised a vacancy for a mechanic to work in its farm machinery and farm business. An employee experienced in diesel and hydraulic work, who was able to assist with the company’s farm, including tractor and truck driving, was required. [5] In response to the advertisement Talbot Agriculture was approached by John Horan, who was then an immigration adviser and is now Mr Wate’s advocate. Mr Horan was seeking to place Mr Wate in the job and suggested a work assessment be...

7. LCRO 48/2014 M LJ and the trustees of the M LJ Family Trust v PY (5 June 2019) [pdf, 219 KB]

   ...behalf of the Trusts Partnership. [28] Mr PY awaited further directions from the Trusts Partnership which did not arrive. [29] By July 2011, Mrs LJs lawyers had begun to explore Mr PY’s dealings with Mrs LJ, quizzing him and challenging his responses. [30] By August 2011, Mrs LJ had instructed her lawyers to direct Mr PY to pay money out of his trust account. [31] Having received no similar direction from the other two trustees, Mr PY considered himself unable to act on...

8. [2018] NZEnvC 180 McKay [pdf, 752 KB]

   ...impetus for the application and help to illuminate aspects of the legal issue, I will briefly traverse the submissions and evidence relating to them. [19] As set out in Mr McKay's memorandum and affidavit, cross leases emerged as a practical response of lawyers and surveyors to the difficulties faced in the middle of last century by people wishing to create some form of tenure for separate dwellings in one building. The method was to create undivided (and usually equal) share...

9. [2020] NZREADT 33 - Wheeler v Real Estate Agents Authority (10 August 2020) [pdf, 306 KB]

   ...that on an earlier occasion the house had been flooded did not give rise to an inference that there is a substantial risk that the same problem was going to happen again. [38] Nor was there any ground upon which the second respondent could be held responsible for the alleged failure to properly remediate the property following the leakage. Evidence that that might have been the case could have been obtained by invasive testing but without it there would be no basis for knowing what th...

10. Stirling - Opape No 1A No 1B [2020] Chief Judge's MB 526 (2020 CJ 526) [pdf, 323 KB]

    ...transferred his shares in Opape 1A1B to Donald George Rewita (son). Details of payments made as a result of the order 18. A request was made to the whenua tōpū trust seeking information on payments as a result of the order, we are awaiting a response. 2020 Chief Judge’s MB 531 Reference to areas of difficulty 19. Kathy Bell is recorded as a child of Hori Weti Rewita at 221 Rotorua MB 153 (7 August 1991). She is not recorded as in owner in Opape 1A2B, however,...