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1. [2015] NZEmpC 180 Keepa v Go Bus Transport Ltd [pdf, 150 KB]

   ...natural justice”. An employer carrying out a disciplinary function is not acting judicially and the principles in Saxmere specifically dealing with judicial bias do not apply. It has been well established in decisions such as that of the Court of Appeal in Board of Trustees of Marlborough Girls College v Sutherland 9 and the High Court in Peters v Collinge 10 that the high standards applying to judicial officers do not apply to an employer carrying out a disciplinary function...

2. [2006] NZEmpC AC 72/06 Williams v Kimberleys Fashions Ltd [pdf, 85 KB]

   ...that contained in the Contributory Negligence Act 1947 applying to certain liability for tortious damage. (b) In Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168, 172 the Court of Appeal outlined the correct approach to constructive dismissals as follows: 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. To...

3. Roberts v McKenzie - Tokaanu Māori Township 2nd Residue Trust (2017) 371 Aotea MB 133 (371 AOT 133) [pdf, 340 KB]

   ...are outside Ngāti Tuwharetoa and can make further submissions on this if necessary. Respondents’ submissions [39] Counsel submits that per s 237 the Court has the same powers as the High Court in respect to trusts. In line with the Court of Appeal decision in Kain v Hutton counsel submits that when exercising its supervisory function the Court can only be concerned with the welfare of the beneficial owners. Mr Hickman argues that the enduring concern for the applicant is that...

4. [2017] NZEnvC 135 Save Wanaka Lakefront Reserve v Queenstown Lakes District Council [pdf, 7.6 MB]

   BEFORETHEENWRONMENTCOURT IN THE MATTER AND BETWEEN AND AND Decision No. [2017] NZEnvC135 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act SAVE WANAKA LAKE FRONT RESERVE INCORPORATED (ENV-2016-CHC-54) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent WANAKA WATERSPORTS FACILITY TRUST Applicant Court: Environment Judge J J M Hassan Environment Commissioner W R Howie Environment Commissioner K A Edmonds Hearing: In Chambers a...

5. [2014] NZEmpC 174 Workforce Development Ltd v Hill [pdf, 143 KB]

   ...to ensure that it followed the process set out in the contract. [50] It was submitted that WDL ought to have done more following the meeting to advocate for Mrs Hill’s position or, following advice of the final decision, taken steps to ‘appeal’ it on her behalf. The meeting concluded on the basis that Corrections had ten days to reach its decision. Mrs Hill had been given an opportunity to comment at the meeting and took no steps following the meeting to raise further mat...

6. [2015] NZEmpC 145 McIvor v Saad [pdf, 248 KB]

   ...then found: Mr Saad offered Mr McIvor 30 hours a week at the minimum wage but this was not acceptable to Mr McIvor. Mr McIvor refused the offer and handed Mr Saad a letter of resignation. [25] The Authority cited the judgment of the Court of Appeal on constructive dismissal in Auckland Electric Power Board v Auckland Provincial District Local Authority Officers IUOW. 2 That required the Authority to consider first whether the resignation was caused by a breach of duty on the...

7. Paterson v Whangarei District Council [2012] NZWHT Auckland 18 [pdf, 168 KB]

   ...care. [39] In Hartley v Balemi,6 Stevens J concluded that personal involvement does not necessarily mean the physical work needs to be undertaken by a director but may include administering the construction of the building. The Court of Appeal in Body Corporate 202254 v Taylor7 has also more recently considered director liability 2 Body Corporate 183523 v Tony Tay & Associates Ltd HC Auckland CIV-2004-404-4824, 30...

8. [2006] NZEmpC AC 66/06 Clark v Northland Hunt Inc [pdf, 103 KB]

   ...considered the formulaic approach adopted in Bryson, to gain an overall impression of the underlying and true nature of the relationship between the parties. This is the approach adopted by Justice McGrath in the dissenting judgment of the Court of Appeal; Three Foot Six Ltd v Bryson [2004] 2 ERNZ 526 CA, (2005) 7 NZELC 97,653. The contract [26] The first ground of real distinction between the position of Mr Clark and Mr Bryson whose engagement was regarded by the Court as on...

9. Reedy v Atkins - Waitangi A1 A1 (2019) 76 Tākitimu MB 54 (76 TKT 54) [pdf, 362 KB]

   ...arguments. He then exercised his discretion in favour of Mr Ashby. We do not detect any error in the judge’s approach when disposing of these applications. Consequently, we see no reason why the lower Court decision should be disturbed. The appeal must be dismissed. [15] For completeness, we note that the Appellant has made a number of submissions on what might be termed constitutional issues. While her interpretation of the various cases cited was patently incorrect, we do...

10. [2018] NZEnvC 180 McKay [pdf, 752 KB]

    ...Principles of Real Property Law (2nd ed, LexisNexis, Wellington, 2014) at 3.004(a). John Burrows (ed) Land Law (online looseleaf ed, Brookers) at C06. Resource Management Act 1991, ss 339(2)(b) and 340. [35] This approach has now been upheld on appeal. 14 [36] The texts referred to by the High Court address these concepts in detail, as did Dr Palmer's submissions before me as amicus. Relevantly, a lease creates a leasehold estate which is less than the freehold and is therefore...