Search Results

1. [2017] NZEmpC 70 Edminstin v Sanford Limited [pdf, 515 KB]

   ...Although absent any express requirement to relinquish all originals and copies of the marks, and not to retain any for Sanford’s own use, it is necessarily implicit in cl 6 that these were intended by the parties in executing that agreement. [101] These necessary requirements meet the accepted tests for implied terms, namely reasonability and equitability; necessity to give effect to business efficacy; obviousness; and non-inconsistency with the expressed terms of the employment...

2. [2022] NZEmpC 78 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 409 KB]

   ...had been asserted. [100] Vulcan Steel arguably had an obligation to properly manage health and safety risks in the workplace, under the Health and Safety at Work Act 2015 (HSW Act), particularly in a safety-sensitive workplace. [101] If employees could select the method of testing, inconsistencies could arise, because some may select one method of testing, and others may choose another method of testing. [102] It would be absurd if an employee could determine the me...

3. [2012] NZEmpC 124 Allen v C3 Ltd [pdf, 256 KB]

   ...‘N’ Save) 53 by way of analogy to the present case. There the Court declined to grant any relief given the employee’s contributory conduct. 53 [2002] 2 ERNZ 572 at [25]. [101] There is no doubt that Mr Allen substantially contributed to the situation in which he found himself. However, I do not consider that his contributory conduct warrants with-holding reinstatement as a remedy, or some compensation for l...

4. [2015] NZEmpC 210 Allied Investments Ltd t/a Allied Security Ltd v Marriott [pdf, 214 KB]

   ...Allied could be terminated was a separate question, which needed to be assessed with regard to all the circumstances including any mitigating factors. There is no evidence that there was any independent appraisal of the circumstances by Allied. [101] Mitigating factors included the fact that Mr Marriott believed Mr Williams was still an Allied employee, that he was attempting to deal with an email address issue which needed correction, that he had been in control of the computer at...

5. Chalecki v Accident Compensation Corporation (Personal injury/Deemed cover) [2024] NZACC 147 (2 September 2024) [pdf, 356 KB]

   ...mechanism of injury as well as the timeline of Mr Chalecki's symptom development. I therefore consider he is appropriately placed to comment and that he had a clear understanding of the circumstances surrounding Mr Chalecki's accident. 101 It is Mr Rao's view that, noting the full clinical picture, the whole or substantial cause of Mr Chalecki's C7/T1 disc prolapse with radiculopathy was more likely to be a gradual process of wear and tear (degeneration) rather than...

6. Grants Handbook v4.89 [pdf, 1.1 MB]

   ...legally aided person or representative, and their provider. If an applicant dies after legal aid has been granted, appropriate steps will be taken to end/withdraw the grant. Application made by a trustee corporation Aid may be approved under s 10(1)(b), subject to the remaining eligibility criteria, if the trustee corporation is concerned in the proceeding in a representative, fiduciary or official capacity, and one which is able to be defined by s 2(1) of the Administration Act 196...

7. [2024] NZEmpC 183 Auckland Trotting Club Inc v Payne [pdf, 343 KB]

   ...4(1A)(b) of the Act. [100] I find that Mr Payne’s silence did amount to a representation in late September 2017 that he was not insisting on his commission being calculated using the four per cent agency fee at that point in time. [101] Whether that can be said to extend indefinitely is questionable and must also be considered in the context of what both Mr Payne and Ms Dowding described as an exhausting and, in the end, fruitless process. Did Mr Payne represent that he...

8. People with finalised charges and convicted of homicide offences jun2024 [xlsx, 116 KB]

   ...death Convicted 78 77 70 96 106 70 70 74 68 83 81% 72% 80% 77% 82% 70% 69% 70% 70% 76% Other proved 7 10 4 12 7 6 16 14 10 6 7% 9% 5% 10% 5% 6% 16% 13% 10% 6% Not proved 11 20 12 16 17 23 15 18 19 17 11% 19% 14% 13% 13% 23% 15% 17% 20% 16% Other 0 0 1 0 0 1 0 0 0 3 0% 0% 1% 0% 0% 1% 0% 0% 0% 3% Total 96 107 87 124 130 100 101 106 97 109 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 0100: Homicide and related offences not further defined Convicted 1 0 0 0 0 1 0 0 1 0 33% 0% 0% 0% 0%...

9. Access to Justice Legal Needs Survey Final Report - October 2024 [pdf, 1.5 MB]

   ...– Likelihood that information, advice or help would have resolved the issue quicker or improve the outcome .............................................................................................................................................. 101 Figure 38 – Problem solving strategies ..................................................................................................... 103 Figure 39 – How respondents found out about their help provider. ...........................

10. [2024] NZEnvC 255 Friends of Nelson Haven v Marlborough District Council [pdf, 551 KB]

    ...decisions on submissions. The Court observed:9 8 Gertrude’s Saddlery Ltd v Arthurs Point Outstanding Natural Landscape Society Inc [2021] NZCA 398. 9 At [37]. 10 Mr Casey seeks to argue that it is only when making a decision under cl 10(1) that a council needs to consider what may be considered as fairly and reasonably raised by a submission. We are not persuaded that this is a reasonably arguable proposition. We consider the question of what is fairly and reasonab...