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1. [2010] NZEmpC 114 Comptroller of Customs v Smith and anor [pdf, 33 KB]

   ...[2] Both defendants pursued personal grievances. In a determination dated 10 August 20101 the Employment Relations Authority concluded that both had been unjustifiably dismissed. The remedies awarded were reimbursement of lost income and reinstatement to their former positions on 31 August 2010. The Authority found that both defendants had contributed to the situation giving rise to their dismissals and reflected this by making no award of compensation. [3] By a statement of clai...

2. [2008] NZEmpC AC 35/08 Webb v New Zealand Tramways and Public Passengers Transport Union Inc [pdf, 30 KB]

   ...candidates for national office in the union) are exaggerated and perhaps unfounded. For example, Mr Carrucan invited the Court not to rely on the assurance of the union’s Returning Officer, Helen Kelly, President of the NZCTU, that information statements prepared by candidates had been sent out with ballot papers to union members. Ms Kelly had so deposed on oath and, indeed, by the time of yesterday’s hearing the voting process had concluded. Mr Carrucan, for himself and on b...

3. CRC-37-08 DB Breweries Ltd v NZAEMPU CC 17 08 JUDGMENTS TE JTK 95 [pdf, 35 KB]

   ...collective agreement between the parties. Specifically the issue is whether four trades staff employed at the plaintiff’s Timaru plant can be required to work shifts without their agreement. [2] The parties usefully provided me with an agreed statement of facts. I refer to certain of those facts to set the scene in which this dispute exists. [3] One of the breweries operated by the plaintiff company is the Mainland Brewery at Timaru which includes a brewery, bottling plant,...

4. Murphy & Anor v CAC301 & Anor [2015] NZREADT 73 [pdf, 134 KB]

   ...gain. [10] Mr Latton also submits that there is no basis for the complainants to be repaid the costs of their obtaining a valuation report quite recently in August 2015 as covered above as it seems to have been obtained primarily to support their claim for compensatory damages to which they are not entitled due to Quin. Mr Latton puts it that the licensee’s conduct did not cause the complainants to incur that cost expense of the valuation report of August 2015. [11] Mr Latton soug...

5. ENVC Hearing 6Oct14 DM Piritahi Paora Joseph [pdf, 119 KB]

   ...responsibility of kaitiakitanga for the Bay and well as a continuing legacy of manaakitanga. 20. This right of Kaitiakitangi is acknowledged under article II of Te Tiriti o Waitangi in the recent interim report on the MV Rena and Motiti Island Claims. In that particular case the Waitangi Tribunal found that “the Treaty requires the Crown to provide for fuller expression of kaitiakitanga, so that Maori can meet the obligations that arise from the rights of rangatiratanga.” Due...

6. Penzance v Runcorn LCRO 170 / 2009 (10 February 2010) [pdf, 69 KB]

   ...AA Hospital, Ms Runcorn denies any knowledge of the matter. However, neither Ms Runcorn nor Mr XX could say that information of the kind referred to had not been disclosed to Ms YY at an earlier time. Mr Penzance viewed with scepticism the statements that the information had not been passed on in the wider firm. [16] Where a lawyer is arguing that there is no real risk that information will be disclosed the onus falls on the lawyer to establish that there are systems in place w...

7. Wallasey v Bala LCRO 86 / 2009 (14 September 2009) [pdf, 87 KB]

   ...forwarded a copy of a Telephone Conference Minute issued by Judge Fogarty on 31 October 2007 which recorded Mr XX as solicitor for his mother. He also forwarded a copy of a letter dated 19 December 2007 which Mr XX had sent to his mother. He claimed that Mr XX had represented his mother from 31 October 2007 until 19 February 2008. The applicant said it had been Mr XX‟s decision to send his client‟s letter to the practitioner on 17 December. [16] The applicant‟s alte...

8. MLC - Glossary of terms [pdf, 184 KB]

   ...Court considers that the order should be issued without the appeal period, the Court will declare the order to be “effective forthwith” and then the order can be released immediately. ENCUMBRANCE A charge, such as a mortgage, on the land claim or liability attached to property. e.g. a mortgage or a charge. EQUITABLE OBLIGATION A duty, enforceable at law, to act according to good conscience. EUROPEAN LAND The term “European land” has been replaced by the term �...

9. [2016] NZSSAA 64 (30 June 2016) [pdf, 187 KB]

   ...effect, the concession that the amount of debt owed by the appellant is now $16,281.34 and that his partner is responsible for a repayment of $1,722.20 in supplementary benefit, appears to be an acknowledgement by the Ministry that its previous claims were incorrect. It appears that it is only as a result of the appellant’s appeal to this Authority that this has occurred. The provision of incorrect and inconsistent information by the Ministry to the appellant is most unfortunate...

10. [2016] NZSSAA 035 (16 May 2016) [pdf, 45 KB]

    ...at the other’s house. Each makes the decisions in relation to their own property. 3 [8] The appellant says that she and her husband are financially independent of each other. Their marriage is not an economic partnership but a statement of love and mutual support for each other. At weekends, typically her husband will purchase the groceries before travelling to Featherston. The appellant meets the cost of power. Both meet their own car running costs. They share th...