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1. [2007] NZEmpC AC 45/07 Wyatt v Simpson Grierson Parternship [pdf, 97 KB]

   ...requirement that the employer be made aware of a personal grievance within 90 days is to enable it to be addressed promptly. This was expressly stated in clause 3 of the First Schedule to the Employment Contracts Act 1991 and is reflected in s101(ab) of the Employment Relations Act 2000. It is also implicit in the requirement that a personal grievance be submitted or raised within the relatively short period of 90 days. If that 90 day period does not commence until the...

2. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 26 [pdf, 349 KB]

   ...regarded as such by “lawyers of good standing”. As a specialist tribunal, and having regard to the number of false declarations (18) and the period of time (25 months) in this case, we consider we are in a position to make that assessment. [101] While we can accept that in some ways Ms Fendall was [medical information removed], at the same time she was able to appear in Court (she says competently), and despite her asserted memory loss was able to give detailed accounts of her...

3. Smith v ACC [2013] NZACA 12 [pdf, 65 KB]

   ...although his accident occurred in 1979. That is as far as I am prepared to take the application of Appleby in his particular case. Costs appeal [41] Mr Greene’s costs award was made after he had considered the accepted criteria under s 101(15) and the applicable case law. I agree in most respects with ACC’s submissions that Mr Winter cannot meet the criteria approved in K v B4 , being that Mr Greene made an error of law or principle, or took into account irrelevant co...

4. Rohipa v Campbell - Estate of Te Maungarongo Wiremu or Morgan Kingi (2008) 184 Gisborne 294 (184 GIS 294) [pdf, 475 KB]

   ...implication must be that Maori spirituality underpinned the reasons why Jo-Vanna was taken. In her view, her mother-in-law 17 177 Gisbome Minute Book 104-105 18 177 Gisbome Minute Book 105-106 or Letter dated 24 Jan 2008 19 177 Gisbome Minute Book 101 20 177 Gisbome Minute Book 111 21 177 Gisbome Minute Book 111 22177 Gisbome Minute Book 119-120 23 177 Gisbome Minute Book III 184 Gisborne MB 303 took over full care of Jo-Vanna and took over the role of mother.24 She did not ho...

5. [2007] NZEmpC AC 52/07 General Distributors Ltd v National Distribution Union [pdf, 91 KB]

   ...plaintiff therefore argued for a different interpretation to clause 3 than that which was adopted in the McCain case and instead relied on the decision of the Court in Swales v AFFCO New Zealand Limited unreported, Judge Colgan, 18 December 2000, AC 101/00. Mr Langton observed that the Swales case did not seem to have been cited to Judge Shaw in McCain. [22] Mr Langton submitted the Swales case had correctly applied the common law right of an employer to change an employee’s wo...

6. [2019] NZEmpC 121 Shaw v Bay Of Plenty District Health Board [pdf, 544 KB]

   ...observe only that I expect exemplary behaviour from all parties about all the proceedings that are before this Court, in all the circumstances. Any failure to meet those standards will be of considerable concern to the Court. Overall justice [101] The final, and most significant part of the assessment relates to the overall assessment which the Court must make on this leave application, as to where the interests of justice lie. [102] The assessment is finely balanced. As expla...

7. Langhorne v Accident Compensation Corporation [2010] NZACA 11 [pdf, 326 KB]

   ...appellant’s costs before the issuing of the Authority’s decision. [100] With respect, costs inevitably follow the outcome of any proceedings. It is inevitable that costs would be considered following the Appeal Authority’s decision. [101] Further, it was agreed at the appeal hearing that the issue of costs would be dealt with following the Appeal Authority’s decision. [102] The same principles applicable to an award on appeal apply to an award for preparation of sub...

8. E35 Peter Kensington - Landscape - EIC - Council [pdf, 2 MB]

   ...temporary public amenity structures such as additional seating, planters, or street furniture within the space on a short-term relocatable basis that will enable use of the area between events separated by 3 months or longer. 10. CONCLUSIONS 10.1 Based on my original Report, my involvement at Court-assisted expert conferencing to date and my review of the Applicant’s evidence, in my opinion the Application will result in an acceptable outcome in terms of landscape, natural...

9. ZA v YB LCRO 23/2014 Recusal (31 August 2016) [pdf, 96 KB]

   ...decisions is also justified by appropriate concerns about proper judicial administration. There is huge potential for abuse if recusal applications were permitted to be predicated on a party’s subjective perceptions regarding a judge’s ruling. [101] We know of no common law jurisdiction which accepts that a judge’s adverse rulings are disqualifying per se. The problem is rather whether an aggrieved litigant should be permitted to seek recusal on the basis of rulings that are ei...

10. LCRO 2/2019 RCN and OCN as Trustees v MA, JS, LB and GD (27 May 2020) [pdf, 189 KB]

    ...adjudicator did not award costs to [Company C] which 17 would usually follow a successful claim. In this regard, the adjudicator acknowledged to some extent the merits of the submissions made by [Law firm A]. The conflict of interests [101] Mr GD became involved with the claim by [Company C] as a director of [Law Firm A] Trustees 14 Ltd, one of the trustees of the [Name] Trust. The firm held the proceeds of sale of the property in its Trust account and Mr CN had requested tha...