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1. KB v JR LCRO 246/2012 (20 May 2014) [pdf, 175 KB]

   ...estate will be regulated services. [Mr] TF disagrees with that decision for the following reasons: (a) Estate administration stands as a separate and discrete and substantial discipline of its own. (b) The foregoing is reflected in the Court of Appeal decision of Hansen v Young [2004] 1 NZLR 37 at paragraphs [33] to [36]. At paragraph [34], the Court of Appeal referred to the House of Lords decision in Dubai Aluminium Company Limited v Salaam [2003] 1 All ER 97 where Lord Mi...

2. [2020] NZEmpC 177 MacKenzie v Huntington’s Disease Association (Auckland) Inc [pdf, 242 KB]

   ...(t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95 at 104. 4 At 104. [31] In Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc, the Court of Appeal outlined the correct approach to constructive dismissals as follows:5 In such a case as this we consider that the first relevant question is whether the resignation has been caused by a breach of duty on the part of the employer....

3. Subritzky v McLauglin - Subritzky Whanau Trust [2021] Chief Judges MB 849 (2021 CJ 849) [pdf, 486 KB]

   ...45 applications must be accompanied by proof of the flaw or error identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [16] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:14 The first is the evaluative decision as to whether the order made was erroneous in fact and law because of any mistake or omission on the part of the Court or t...

4. [2022] NZEmpC 87 H v Employment Relations Authority [pdf, 264 KB]

   ...Act 2000, ss 149(1)–(2). Settlement agreements endorsed by a mediator under s 149 are commonly called records of settlement. 6 Contract and Commercial Law Act 2017, ss 36–42. agreement before the Authority or Court whether by action, appeal, application for review or otherwise.7 [7] A common feature of settlement agreements arising from mediation is the inclusion of what is known as a non-disparagement clause. One was included in the agreement signed by H. It read:...

5. Peta v Hemara - Succession to Henry Peta [2023] Chief Judge's MB 731 (2023 CJ 731) [pdf, 335 KB]

   ...interests of justice to remedy the mistake or omission. [11] The principles that are applied to s 45 decisions have been previously set out in numerous decisions of the Chief and Deputy Chief Judges, the Māori Appellate Court, and the Court of Appeal. [12] However, for the benefit of the applicant, I note that s 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented, or in the interpretation of the law, and it is...

6. [2011] NZEmpC 168 The Postal Workers Union of Aotearoa v NZ Post Ltd [pdf, 115 KB]

   ...The natural and ordinary meaning should not lead to a conclusion that flouts business common sense. [11] Although Vector related to the interpretation of a commercial agreement, McGrath J’s summary was regarded as helpful by the Court of Appeal in Silver Fern Farms v New Zealand Meat Workers etc Trade Unions 7 (an appeal involving the interpretation of a collective employment agreement). [12] As Tipping J observed in Vector: 8 The ultimate objective in a contract interp...

7. BT v OS LCRO 2/2013 (17 November 2014) [pdf, 81 KB]

   ...to rekindle their discussions over GD’s purchase of his fit-out. At the review hearing BT said he considered that would be a good outcome for them both, enabling him to recover some of the cost of the fit-out, and GD to enhance the unit’s appeal to her prospective new tenant. [12] Having spoken with OS and GD on the phone, BT retrieved a previous version of an agreement he had drafted, altered it to include amendments proposed by OS, and emailed it to him. [13] BT acknowl...

8. Twomey - Succession to Te Ngahoa Te Whaaro [2023] Chief Judge's MB 587 (2023 CJ 587) [pdf, 301 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.2 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [16] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:3 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the Re...

9. [2008] NZEmpC WC 7B/08 Hawkins v Commissioner of Police [pdf, 49 KB]

   ...employee has sought reinstatement and such reinstatement is practicable, there is an expectation that the order should be made. [7] In New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School2 the Court of Appeal endorsed the tests for practicability applied by the Employment Court. The essential elements of this test are: • The onus is on the employer to establish that reinstatement is not practicable. • Practicability is not the same as...

10. Regeling - Orokawa 3B Residue (2008) 127 Whangarei MB 169 (127 WH 169) [pdf, 2.6 MB]

    ...fight broke out, on another only four shareholders tumed up, and on another her legal advisor was accused of being a thief and a crook. She also cites a decision of the Court to set aside trus land as a reserve, which decision was successfblly appealed. She blames the Maori Trustee for not having completed "the job", which I take to be a suggestion that the Maori Tl1Istee was meant to paltition and allocate more of the land. She refers to the land being abused and building...