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1. [2019] NZEmpC 59 Kazemi v Rightway Ltd [pdf, 446 KB]

   ...out in Mr Drake’s letter had been addressed and satisfactorily responded to. [57] RightWay’s then solicitors responded to Mr Drake advising that RightWay’s preliminary position was that the claim made had no merit. Ms Kazemi filed a statement of problem in the Employment Relations Authority (the Authority) on 19 May 2017, to which RightWay responded. [58] By letter dated 14 July 2017 Ms Kazemi resigned from RightWay, effective 11 August 2017. [59] RightWay advised Ms K...

2. Ngāti Pāoa Whānau Trust v Hauraki Māori Trust Board (1995) 96A Hauraki MB 155 (96A H 155) [pdf, 1.2 MB]

   ...current fluidity, while leaving room for futurechange and improvements if need be. We were much assisted in this case however by the submissions of H Rapata for Te Riinanga 0 Ngati Whatua. He opined that representation should depend on: • a broad based consent of thepeople; • a dueprocess of consultation according to tikanga; and • credibility in termsof leadership. He also quoted Sir Graham Latimer in evidence to the Court of Appeal to say It would be unthinkable when dealing with...

3. CAC301 v Mairs [2015] NZREADT 63 [pdf, 225 KB]

   ...felt Mr Rees had become greedy after the sale and thought he could get more money from auctioning the property again so that he took the point that he had given no written authority to sell it. In hindsight, Mr Waine blames himself that he took the statement of Mr Rees to him made in late 2012 “just get rid of it, I just want it gone” as an instruction to organise the sale of the apartment. [28] Mr Waine was carefully and thoroughly cross examined by Mr Rea. Inter alia, he stated...

4. [2013] NZEmpC 145 AARTS v Barnardos NZ and Ors [pdf, 185 KB]

   ...[56] In these circumstances I am assisted by the tenth defendant’s submissions identifying what equivalent proceedings in the High Court may have warranted under scale charges for litigation there. On a 2B basis, the tenth defendant claims: Statement of defence $3,980 Teleconference callovers (2) $796 Preparation of evidence $4,975 Preparation for hearing $5,970 Hearing costs – 1 day $1,990 TOTAL $17,711 [57] Unlike the other defendants whose cases were dealt with by l...

5. [2015] NZEmpC 48 Thorne v Kiwirail Ltd [pdf, 144 KB]

   ...yourselves, I cannot stop the train, we are going to hit the stop block". [4] An article from the Dominion Post website "Stuff", dated 24 July 2014, headed "Train crash driver had 'smoked cannabis'" was produced by consent. It referred to interim findings into the crash that had been released that day by the Transport Accident Investigation Commission. In reference to the train’s braking system, the article stated: Investigator Tim Burfoot sa...

6. Lloyd v CAC 10056 & Davies [2012] NZREADT 27 [pdf, 149 KB]

   ...proposed settlement date in January 2011 and conditions relating to obtaining a LIM report and confirming finance. The Committee found that the appellant had included the LIM and finance conditions in the offer documentation without the complainant’s consent and that this may have disadvantaged the complainant given that the vendor wanted a quick and uncomplicated sale. The Committee also found that the use of a “multi-offer form” by the appellant had been unnecessary and insuffic...

7. EMPC speech GUEST LECTURE Privacy Employment Interface delivered in June 2016 [pdf, 311 KB]

   ...weight” who was “highly competent in the art of time wastage, blame shifting and stationery theft.”31 As a full bench of Fair Work Australia in Linfox Australia Pty Ltd v Stutsel32 put it: The posting of derogatory, offensive and discriminatory statements or comments about managers or other employees on Facebook might provide 29 At [44]. 30 Hook, above, n 1 at [29]. 31 Dickinson v Chief Executive, Ministry of...

8. [2011] NZCA 564 CA780/2009 Parker v Silver Fern Farms Ltd Anor [pdf, 177 KB]

   ...Agency declined legal aid. Mr C told Mr Parker he could not carry out further work without proper funding. Mr Parker then tried to find another lawyer. Eventually, in April 2009, Mr A agreed to act provided legal aid was granted. Mr A drafted a statement of claim for the proposed challenge to the Authority’s decision and submitted it to the Agency for the purposes of a reconsideration of a grant of aid. 1 Formerly...

9. Waudby - Wharepuhunga 16B8 (2004) 107 Waikato MB 163 (107 W 163) [pdf, 5.2 MB]

   ...present themselves. Rather, his preference is for a procedure using Section 229/93 to consider any substantial investment opportunities outside the core business of the Trust on a case by case basis. The trustees submitted that requiring the consent of the Court under Section 229 might make successful investments such as those in the Southland dairy farming ventures difficult to emulate in future. In my view there may be common ground in both submissions. Counsel for the benef...

10. Te Manutukutuku 73 [pdf, 9.5 MB]

    ...quality and Māori partici- pation in water management. More water reforms are planned by the Government in 2019–20. Both sides agreed that the Crown has not yet tackled the issue of alloca- tion. Presently, a first-in, first-served system for water consents has shut Māori out and has resulted in catch- ments that are fully or over allocated. Although the problem has been acknowledged by both the Crown and Māori, the claimants were very critical of the Crown’s failure to act on...