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1. [2022] NZEmpC 128 Straayer v Employment Relations Authority [pdf, 243 KB]

   ...exercise of its powers regarding the admissibility of evidence.4 [22] A further legal point relates to the question of whether the Court should exercise its power under reg 45(2) of the Regulations to inspect the document. [23] The Court of Appeal has made it clear that inspection should never occur “as a matter of automatic practice”.5 The Court should typically be in “real doubt” before doing so.6 3 Financial Markets Authority v Hotchin [2014] NZHC 2732 at [57]....

2. [2022] NZEmpC 106 Soapi v Pick Hawke’s Bay Inc [pdf, 209 KB]

   ...[2016] NZEmpC 167, [2016] ERNZ 552 at [57]. period at the beginning of the season. On Mr Oldfield’s analysis these deductions cannot be made lawfully. [23] Sections 6 and 7 have been considered in different contexts in the Court of Appeal, but the submission was that there has been no authoritative decision on the relationship between them.11 [24] The third question was about s 7(1) of the Minimum Wage Act providing for deductions from wages for accommodation and in p...

3. [2016] NZEmpC 123 Henderson v Nelson Marlborough District Health Board [pdf, 229 KB]

   ...happened at the meetings of 22 August 2014 and 11 September 2014, and the consequences of what happened. There is no disagreement about the legal test to apply. [42] In Auckland Shop Employees Union v Woolworths (New Zealand) Ltd the Court of Appeal described three non-exhaustive situations where constructive dismissal may occur: 3 1. An employer gives an employee an option of resigning or being dismissed; 2. An employer has followed a course of conduct with the deliberat...

4. Kerr v Stewart - Maketu A102 (2012) 58 Waiariki MB 3 (58 WAR 3) [pdf, 168 KB]

   ...the Trust Order but requires the Court to have regard to the ability of the proposed trustee and the acceptability of the person to the beneficiaries. The Order appointing these present trustees has not been the subject of any judicial review or appeal and I decline to take this issue any further. [12] The third ground of the application is: “To the extent that the Applicant does not prove a lease a licence the trustees should be estopped from evicting the Applicant or such furth...

5. AAJ and AAK v ZZR [2012] NZDT 2 (28 September 2012) [pdf, 99 KB]

   ...any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to the supply or acquisition of goods or services or the to the disposition or acquisition of any interest in land”. [36] In the Court of Appeal case of Body Corporate 202254 v Taylor [2009] 2 NZLR 17 (CA), it was found that a person does not need to be trading in a personal capacity to be considered “in trade” and that an employee, agent or director of a company may be pers...

6. NQE v Tan [2013] NZIACDT 37 (13 June 2013) [pdf, 195 KB]

   ...Philippines. [2] The complainant approached the practice where Ms Tan works, and entered an agreement with Ms Tan to provide immigration services. The agreement referred to lodging an expression of interest, a residence application, and potentially an appeal in the event of an adverse decision. [3] The complainant was not satisfied with how Ms Tan’s practice was conducted. He said: [3.1] The agreement he had with Ms Tan did not set out the arrangements between them in a satisfactory...

7. Sullivan v Sullivan-Teepa – Te Haroto 2B2B Trust (2014) 31 Tākitimu MB 138 (31 TKT 138) [pdf, 146 KB]

   ...every trust constituted 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. [10] A leading authority on the appointment of trustees is the Court of Appeal decision Clarke v Karaitiana.6 I adopt the reasoning set out in that judgment. Discussion [11] This is a case simply about who should be put in charge of this land. Two of the owners, doubtless close whanaunga, who have a history...

8. BORA Harmful Digital Communications Bill [pdf, 303 KB]

   ...host to refrain from hosting or retaining potentially offensive communications, given the risk of liability, and there is also scope for users to agree upon terms of hosting, for example by indemnifying the content host; and 22.3 There is Court of Appeal authority that a statutory immunity from liability does not engage Bill of Rights obligations because it does not constitute performance of a public function, power or duty conferred or imposed on that person or body by or pursuant to...

9. [2021] NZEnvC 010 Cabra Rural Developments Limited v Auckland Council [pdf, 11 MB]

   ...[2021] NZEnvC O iO the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA), and the Resource Management Act 1991, and the rural Subdivision provisions of the in part proposed and in part Operative Auckland Unitary Plan, and an appeal pursuant to s 156 of the LGA TP A CABRA RURAL DEVELOPMENTS LIMITED & ORS (ENV-2016-AKL-189) CATO BOLAM CONSULTANTS LIMITED (ENV-2016-AKL-206) Mi'\SON &ORS (ENV-2016-AKL-207) SMITHIES FAMILY TRUST (ENV-2016-AK...

10. CAC 10043 v Brooker [2012] NZREADT 23 [pdf, 112 KB]

    ...agent guilty of professional misconduct on different facts to those contained in the charge. To do so would seem to be contrary to natural justice. [26] Pursuant to s 113 of the Act the Tribunal advises the parties of the existence of the right to appeal this decision to the High Court conferred by s 116 of the Act. DATED at AUCKLAND this 3 day of May 2012 ______________________________ ______________________________ Mr G Denley Member...