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1. Milligan v Robert Brown Developments Ltd [pdf, 133 KB]

   ...the Council had taken advice during the adjournment and was willing to proceed. [40] After hearing from the Claimant’s solicitor and the parties representatives, I reviewed the relevant principles as set out in the aforementioned Court of Appeal cases and the IBA Guidelines, advised of my WHRS adjudication record of cases and after carefully considering the contents of the Riskpool letter and the submissions and responses of the parties, I concluded that a reasonable and info...

2. [2007] NZEmpC AC 61/07 Fonterra Cooperative Group Ltd v van Heerden [pdf, 76 KB]

   ...what was an appropriate vacancy. This would have avoided the need to pursue redeployment to any other position and her subsequent dismissal. The plaintiff was found to have been unjustifiably dismissed. [28] In Westpac the Court of Appeal considered a redeployment provision which stated that the bank would “make every reasonable endeavour to identify” and offer at least one job option which was substantially similar to the position being made redundant. Ms White...

3. [2012] NZEmpC 211 Service and Food Workers union Nga Ringa Toa & Page v Sealord Group Ltd [pdf, 262 KB]

   ...earlier position that such evidence was only admissible when the words of the agreement were ambiguous or unclear. Indeed, the current state of the law appears to be that in all cases such reference is possible and even desirable. The Court of Appeal has developed the following approach in contract cases. One looks first at the words used — they must obviously be the starting point — and then at the surrounding circumstances to make sure that the first impression of the meaning...

4. RV v Auckland Standards Committee LCRO 299 / 2011 (18 October 2012) [pdf, 197 KB]

   ...NZAR 408. 11 At [21]. 11 application for review of a determination to lay charges. However, I also note the statement of Winkelmann J in Deliu v Hong12 where she said at [31]: In my view the power of review is much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching hi...

5. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence - Janet Stephenson [pdf, 2.1 MB]

   BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF JANET RHONA STEPHENSON _____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on record: B Irving Sol...

6. CAC20005 v Morton-Jones [2015] NZREADT 49 [pdf, 235 KB]

   ...AUCKLAND on 23 and 24 March 2015 (with a subsequent series of typed submissions) DATE OF THIS DECISION 24 June 2015 COUNSEL Mr L J Clancy for the prosecution Mr P Kennelly for the defendant DECISION OF THE TRIBUNAL Introduction [1] This appeal is about a licensee’s operation of a property management business; which is not real estate agency work. However, the concept of “misconduct” under s.73 of the Real Estate Agents Act 2008 is not confined to real estate agency...

7. Te Manutukutuku Issue 71 [pdf, 7.9 MB]

   ...Crown, in Treaty settlements relating to the island, has breached the Treaty by failing to prop­ erly inform itself of the Māori interests in the island. Remedies resumed Ngāti Kahu remedies and Mangatū remedies : In December 2016, the Court of Appeal issued its decision in a judicial review of two Waitangi Tri­ bunal reports : The Ngāti Kahu Reme- dies Report and The Mangatū Remedies Report. In those reports, the Tribunal had declined to make binding recom­ mendations for a...

8. Richards - Karaka Huarua A and B (2004) 98 Whangārei 273 (98 WH 273) [pdf, 4.7 MB]

   ...application for partition on the grounds that in the interests of the owners it would inexpedient to allow the whole of the land on the lake side of the highway to be divided between three owners. In upholding the lower Court decision and dismissing the appeal, the Appellate Court stated at page 2-3: " ... The Judge below concluded that the three applicants werB upicking the eyes out of the block" (our words); he was of the view that the land the applicants sought, because it...

9. [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board [pdf, 567 KB]

   ...remuneration lost by that employee as a result of the personal grievance, a sum greater than that to which an order under that subsection may relate. [70] The approach to assessing claims for lost remuneration was dealt with by the Court of Appeal in Telecom New Zealand Ltd v Nutter.30 Because of the indefinite duration of employment agreements there is legitimate scope to debate the period of time in respect of which compensation should be awarded in cases of unjustified dismis...

10. [2015] NZEmpC 104 Shanmuganathan v PowerNet Ltd [pdf, 235 KB]

    ...At para [19]. [58] In Butcher v OCS Limited, Judge Travis was required to consider a submission that an employer had wrongly relied on an expired verbal warning to dismiss. He said: 5 The recent decision of the English Court of Appeal in Airbus UK Ltd v Webb [2008] EWCA Civ 49; [2008] ICR 561 clarifies the position that if, but for the previous warning, the employer would not have had a reason for dismissing the employee, the expired warning cannot be relied on. An...