Search Results

1. [2007] NZEmpC AC 12/07 CE of Unitec Institute of Technology v Henderson [pdf, 105 KB]

   ...Auckland) Appearances: Emma Butcher, Counsel for Plaintiff Christopher Patterson, Counsel, and Colin Ross, Advocate for Defendant Judgment: 19 March 2007 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The issues for decision in this challenge (appeal) by hearing de novo from a determination of the Employment Relations Authority are: • whether Kathleen Henderson’s summary dismissal from her position as a senior lecturer at Unitec Institute of Technology (“Unitec”) was...

2. Kettlewell & Anor as Trustees for the DS Day Trust v Crighton [pdf, 85 KB]

   ...staff on a labour only basis with some contractors for particular kinds of work”. The District Court Judge who dealt with the original claim found that the original owners were “in effect head contractors” and this was upheld by Temm J on appeal. Another example of an owner using labour only subcontractors being held to be the “head contractor”. [34] Counsel goes on to assert that the Crightons “did not get advice or employ an experienced tradesperson to supervise th...

3. [2006] NZEmpC WC 15/06 OCS Ltd v Food Workers Union Inc [pdf, 108 KB]

   ...to be enrolled and scanned for the Panztel, OCS should have sought resolution of the dispute before issuing the instructions. In Sky Network Television Ltd v Duncan2 in the context of a personal grievance for unjustified dismissal the Court of Appeal found that the legal position between the employer and the employee was not clear cut and the dispute “cried out for an attempt at resolution”. 1 Wellington Clerical Workers IUOW v Col...

4. Aitken v Laudermilk [pdf, 78 KB]

   ...made to Mt Albert Borough Council v Johnson [1979] 2 NZLR 234, 241 and Stieller v Porirua City Council [1986] 1 NZLR 84, for the proposition that the council is not an insurer or guarantor of building work. [85] In Stieller the Court of Appeal at p 94 said that the construction of houses with good materials in a workmanlike manner is a matter within the Council’s control. At p96, the Court of Appeal stated say that the contract between the owners and builders therefore doe...

5. [2015] NZEmpC 202 Higgs v Monro Ltd [pdf, 161 KB]

   ...of the issues involved; and 6 Lim v Meadow Mushrooms Ltd [2005] NZEmpC 192, (footnotes omitted).  the relief sought. (b) A non de novo hearing is accordingly in the nature of an appeal and the challenger/plaintiff is required to show that the Authority’s determination was wrong. (c) Thus, the challenger has an onus of persuading the Court of the existence of an error of fact and/or law by the Authority in its...

6. LCRO 135/2018 UQ v VF (26 May 2019) [pdf, 286 KB]

   ...scope of review [55] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:19 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for th...

7. [2017] NZEmpC 69 8i Corp v Marino [pdf, 156 KB]

   ...parties; and (ab) the terms may not be cancelled under section 7 of the Contractual Remedies Act 1979; and (b) except for enforcement purposes, no party may seek to bring those terms before the Authority or the court, whether by action, appeal, application for review, or otherwise. (3A) For the purposes of subsection (3), a minor aged 16 years or over may be a party to agreed terms of settlement, and be bound by that settlement, as if the minor were a person of full age and...

8. LCRO 187/2017 MO v FP (13 December 2019) [pdf, 163 KB]

   ...the Act:8 7 [1969] 2 AC 3. 8 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 12 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

9. [2024] NZEnvC 148 Marlborough District Council v Gifford [pdf, 352 KB]

   ...that being so, it poses a difficult question as to what amount of those costs the respondents should have to contribute. [47] The Council in response referred us to the High Court’s decision in Gifford v Marlborough District Council,17 an appeal from the Environment Court. The High Court confirmed the Environment Court’s jurisdiction to impose the relevant enforcement orders. [48] The High Court addressed the question of jurisdiction to impose Orders B3, B12 and B13 as...

10. Bloor - Ngapini and Tarawa Trust (2014) 36 Takitimu MB 186 (36 TKT 186) [pdf, 227 KB]

    ...under this Part the court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. 36 Takitimu MB 194 [29] A leading authority on the appointment of trustees is the Court of Appeal decision Clarke v Karaitiana where it was said: 17 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In...