Search Results

1. [2010] NZEmpC 77 Poulter v Antipodean Growers Ltd [pdf, 37 KB]

   ...director in particular) and Mr Poulter was one of master and servant. If Mr Poulter had been carrying out work for the defendant on the basis of him being self employed and providing his labour and oversight under a contract for services, then the responsibility for preparing the site for possession of the new owners and, in particular, terminating the contracts of employment of the employees, would have been the sole responsibility of Antipodean. In that circumstance Mr McKenzie...

2. [2012] NZEmpC 131 Matamata Industrial Machinery Imports Ltd v McAllister [pdf, 107 KB]

   ...stated that the defendant: is open to Mimico providing a list of the emails it is concerned about him sending and Jon will ensure that this information has been deleted. [34] The plaintiff’s solicitors responded on 10 July and queried this response stating: Mimico is confused by paragraph 22 of your letter. In that paragraph Mr McAllister refers to e-mails contained on his personal computer. Mimico has already provided Mr McAllister with a list of e-mail correspondence tha...

3. [2012] NZEmpC 17 Transpacific Industries Group (NZ) Ltd v Harris & Others [pdf, 90 KB]

   ...clause 7.1 adopted by the Chief Judge in Green. That being so, he submitted that Transpacific could not possibly succeed in obtaining substantive remedies based on clause 7.1 from the Authority. There is force in this submission. [20] In response, Ms Stone submitted that every restraint of trade provision had to be interpreted and applied in context and was therefore highly fact dependent. Accordingly, she submitted that it was impossible to predict what conclusion the Author...

4. [2009] NZEmpC AC 6A/09 Bay Milk Distributors Ltd v Jopson [pdf, 41 KB]

   ...Bourgeois that he wished to continue to work for 40 hours per week, Mr Bourgeois assumed in the following circumstances that Mr Jopson could or would not change his arrangements to work on weekends. Those included that Mr Jopson had child custody responsibilities each weekend beginning on Friday nights and that he had remunerative employment as a Sunday newspaper delivery person early each Sunday morning. BMDL’s deliveries took place beginning in the early hours of the morning a...

5. [2009] NZEmpC AC 27A/09 NZ Amalgamated Engineering Printing & Manufacturing & Ors v Zeal 320 Ltd & Anor [pdf, 40 KB]

   ...very weak and their arguments only barely satisfied me that there was an issue to be tried. An undertaking was given by Zeal not to take any steps to call the second to ninth plaintiffs to any disciplinary meetings or to ask them to provide any responses or explanations to the concerns it has raised with them. I found that the balance of convenience favoured Zeal and that the overall justice of the case also favoured Zeal. [2] Air NZ denied that it was the employer of the employ...

6. [2009] NZEmpC CC 22/09 Gearry v Armourguard Security Ltd [pdf, 49 KB]

   ...was not acted on for 2 years or so. [8] In the third quarter of 2006, CPIT expressed interest in implementing the recommendation. Mr Burling-Claridge mentioned this to Mr Gearry and Mr Wilkinson and to Damon Barnett, the Armourguard manager responsible for the CPIT contract. Nothing further happened immediately but, towards the end of 2006, two of the custodians left and that appears to have precipitated a decision by CPIT to change how security and custodial services were carri...

7. [2013] NZEmpC 29 Brightwater Engineers Ltd v Arrowsmith [pdf, 121 KB]

   ...Simm on 8 January 2013. They decided to get advice about the extent of the challenge from Mr Butler, another professional advocate in Christchurch. Mr Webster put this into effect by sending Mr Butler an email that day. [13] Having received no response to his email for several days, Mr Webster tried to telephone Mr Butler but was unsuccessful. On Monday 14 January 2013, Mr Webster telephoned the Court and spoke to the Acting Registrar in Wellington. Mr Webster enquired about t...

8. Committee on the Elimination of All Forms of Racial Discrimination – concluding observations 18th-20th reports [pdf, 191 KB]

   ...reports including page limitations and takes into account the Committee’s previous concluding observations. The Committee also welcomes the open dialogue with the high level delegation of the State party and its efforts to provide comprehensive responses and supplementary replies to issues raised by Committee members during the dialogue. B. Positive aspects 3. The Committee notes with appreciation the numerous legislative and policy developments which have taken place in the St...

9. Maruera v Te Ohu Kaimoana Trustee Ltd - Ngāti Maru (Taranaki) Fisheries Trust (2015) 335 Aotea MB 47 (335 AOT 47) [pdf, 271 KB]

   ...matters. As the cases show, in such decisions different judges can reflect different assessments and reach different conclusions. The fact that this is so should make contemporary judges aware that, ultimately, they themselves have to shoulder the responsibility of reaching conclusions on the point and giving effect to them. They cannot ultimately hide behind a fiction and pretend that it provides an entirely objective standard by which to measure the individual case. The cou...

10. Taueki v Horowhenua Sailing Club Ltd - Horowhenua Lake 11 (Lake) Māori Reservation (2015) 337 Aotea MB 68 (337 AOT 68) [pdf, 158 KB]

    ...which is otherwise vested in trustees, he did not legally have actual control or possessory rights over the land, which is required to entitle a person to sue for nuisance or trespass. Such actions would need to be pursued, if at all, by those responsible for the management and control of the land. [9] Counsel further submitted that a report completed by the National Institute of Water and Atmospheric Research (“NIWA”) in relation to Lake Horowhenua identified that the reasons...