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1. [2009] NZEmpC WC 14/09 NZ Meat Workers & Related Trades Union v AFFCO NZ Ltd [pdf, 57 KB]

   ...affected employees will be based on the expired collective agreement including, in particular, its remuneration provisions. [25] The plaintiff’s argument is based on an interpretation of the statutory definition of a collective agreement and several statements in recent judgments of the Court of Appeal dealing with allied questions. The defendant’s response is that the trial agreement is not a collective agreement because it fails to meet all the requirements of s54 and, in par...

2. Tong & Anor v CAC 20004 & Ors [2014] NZREADT 3 [pdf, 126 KB]

   ...23 October 2010, Penelope Saxton-Beer signed a sale and purchase agreement with Waikare 29 Ltd for the land and buildings at 29 Waikare Road for $1,400,000. Warren Eade handled the sale and received a commission. 21. Mr Eade and Mr Appleford claim that, in the 53 days between settlement and their on-sale to Ms Saxton-Beer at a $295,000 profit, they renovated the building and secured a 12-year lease with Ms Alford and Mr Atamer as the tenants. The appellants dispute the extent of t...

3. Campbell & Anor v REAA CAC 20007 & Anor [2014] NZREADT 42 [pdf, 60 KB]

   ...the clear Rule 9.21 prohibiting disclosure of confidential personal information and, on the other, the requirement of Rule 6.4 of disclosure of what “in fairness” should be provided to a prospective purchaser. [19] Mr Rea noted the CAC’s statement that current industry training suggests that best practice is to disclose the fact of a suicide. He referred, inter alia, to the CAC having stated in its decision “given the purpose of the Act is to promote and protect the interests...

4. Morpeth v Ramsey LCRO 110 / 2009 (12 November 2009) [pdf, 82 KB]

   ...Morpeth had no duty or interest in making such communications. The Committee concluded that a finding of conduct unbecoming could be made in relation to conduct both in the capacity of a lawyer and a private citizen. While this is an accurate statement of the standard applicable prior to 1 August 2008 an issue arises as to whether the conduct in this case was undertaken in the capacity of Mr Morpeth as a lawyer or a private citizen. If it was the latter the further issue arises as to...

5. CA v DO LCRO 68 / 2012 (26 September 2013) [pdf, 98 KB]

   ...to anyone else. b. I authorise [CA], or [CB], to make any decisions regarding relocating from my address in [address]. c. For the avoidance of doubt, this document has been drafted to prevent my relocating from [address]. d. I am making this statement knowing this will disempower my children in this matter. Signed: [DP] 25 November 2009 Witnessed by [CC], solicitor of the High Court and sworn this 25 th day of November at 138 Cambridge Terrace, Levin. Witnessed by...

6. Youth Court - 10 ideas that might “cross-pollinate” from the Youth Court into the adult District Court [pdf, 301 KB]

   ...practice. The following is a list collected by the Principal Youth Court Judge of suggestions that might be considered by those involved in adult District Court practice that arise from the different processes used by the Youth Court. This is a statement of ideals, the adoption of some of which would have clear cost implications to the justice system. The list of ten suggestions arises directly from the previous 21 years of Youth Court practice. They range from more mechanica...

7. JG v RS LCRO 245 / 2010 (15 March 2012) [pdf, 97 KB]

   ...[22] Ms RS provides reasons why she considers it was not necessary to apply for substituted service and other details which she considered should affect the quantum of Mr JG’s accounts. A large part of her responses take issue in effect with statements or information that Mr JG’s client had provided to him. [23] The basis of the complaint was clarified by ADK in their letter to the Complaints Service on 25 August 2009 in which they note as follows: “Ms [RS] sought review...

8. Complaint Assessment Committee 403 v Licensee B [2017] NZREADT 21 [pdf, 178 KB]

   ...rehabilitation impossible or very much harder to achieve. [46] Ms Pender submitted that in this case the need for rehabilitation outweighed the public’s right to know of the disciplinary proceeding against the defendant, and its outcome. She referred to statements in the affidavit evidence filed on behalf of the defendant, in particular as to his future prospects in the industry. [47] Ms Pender also submitted that there are exceptional circumstances in this case which warrant a...

9. [2017] NZSAAA 02 (26 June 2017) [pdf, 270 KB]

   ...concluded that he “does not believe that there has been significant changes by the education provider to change the decision to decline the application”. Unfortunately, the Secretary made no effort to analyse the changes that had been made or their claimed impact on the appellant and gave no reasons for reaching this conclusion. The decision to decline was confirmed. The basis of this appeal [11] The appellant initially applied for LFT status on the “academic best interests”...

10. Solomon v Solomon - Manukau Lands Trust (2020) 66 TeWaipounamu MB 207 (66 TWP 207) [pdf, 248 KB]

    ...secure this opportunity to fulfil an aspiration that has been endorsed by the beneficiaries over many years. The Trust has worked successfully with Ngā Whenua Rāhui in relation to its requirements under the kawenata. I was also provided with statements in support from several environmental experts who have visited Manukau and observed the progress there since 2012 and who endorse the replanting project. [41] The objective of the 1BT agreement is to replant native forest and from...