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1. Allan v Christchurch City Council [pdf, 81 KB]

   ...his company had been involved in a number of projects before being put into voluntary liquidation. The Tribunal draws the inference that this was a limited purpose company as described by Priestley J in Tony Tay (supra). [51] The Court of Appeal in Trevor Ivory Limited v Anderson10 emphasised the importance of examining the factual matrix in each case before determining if there was personal responsibility. Having undertaken such an examination of the facts the Tribunal consi...

2. [2019] NZEmpC 65 Rayner v Director-General of Health [pdf, 795 KB]

   ...employer, and that the Court’s task is to examine objectively the employer’s decision-making process and determine whether what the employer did, and how it was done, were what a fair and reasonable employer could have done.10 The Court of Appeal, when discussing s 103A, has observed:11 [46] It is apparent that the effect of the statute is that there may be a variety of ways of achieving a fair and reasonable result in a particular case. As the Court in Angus observed, the re...

3. Justice Matters - issue 15 - July 2019 [pdf, 3.5 MB]

   ...the Environment Court team is based in Wellington, it oversees cases for the lower North Island between Wellington and Taupō. Most of the Environment Court’s work is underpinned by the Resource Management Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Consent applications may be for land use; a subdivision; a coastal, water or discharge permit; or a combination of these...

4. [2015] NZEmpC 89 Ngawharau v The Porirua Whanau Centre Trust [pdf, 251 KB]

   ...observed that “in such circumstances, the employee has essentially unilaterally terminated the employment agreement and there is no dismissal”. 5 Reference was also made by Judge Inglis to E N Ramsbottom Ltd v Chambers where the Court of Appeal noted that there was substantial force in a submission from counsel that: 6 … where the issue is whether the employee abandoned the employment, the employer should be cautious in drawing that inference and must face a high threshol...

5. [2024] NZEmpC 131 Boyd v OJI [pdf, 363 KB]

   ...determination is less serious, although Mr Boyd contributed to that particular phase of the delay because of his very late request for legal representation. The effect of the rights and liabilities of the parties [113] The time limits for initiating an appeal or challenge reinforce the rights of a successful party to finality of litigation and to recovering of the benefits of a successful outcome. A party who is not diligent in pursuing any right of appeal or challenge faces a si...

6. La Grouw as Trustee of the GJ Peacocke Trust v Rantin & MRA Architects Ltd [2011] NZWHT Auckland 8 [pdf, 178 KB]

   ...doors leading onto the deck, and Page | 11 membrane failure on the deck. DID MR WATSON BREACH HIS DUTY OF CARE TO MS LA GROUW? [25] In North Shore City Council v Body Corporate 188529 & Ors (Sunset Terraces),1 the Court of Appeal upheld Heath J‟s conclusion that councils, in issuing building consents, and designers, in preparing the plans, are entitled to assume that a reasonable builder would have access to, and rely on, the manufacturer‟s specifications,...

7. November 2015 Outstanding applications [pdf, 243 KB]

   ...45/93 Mary Joss CJ 2015/40 - Amopo Te Atatu or Whakaturou or Kohu - and a succession order made at 29 Tauranga MB 355 on 22 May 1969 - Application to the Chief Judge A20150006148 58/93 Maria Kingi, Rangi Taupatu, Cynthia Kingi, Ronald Puata Appeal 2015/17 - Ngati Maru (Fisheries) Trust - and an order of the Maori Land Court at 341 Aotea MB 211-222 dated 15 September 2015 - Appeal (Respondents: Te Ohu Kaimoana Trustee Limited) A20150006177 45/93 Kenneth Brown, Canadian T...

8. [2022] NZEmpC 4 Chief of the New Zealand Defence Force v Darnley [pdf, 401 KB]

   ...duty of good faith to the plaintiff? (e) If so, should she pay a penalty? (f) Should the defendant be required to repay the overpayment of wages? Constructive dismissal [9] In Auckland Shop Employees IUOW v Woolworths (NZ) Ltd the Court of Appeal accepted that a constructive dismissal could arise in situations such as where:3 (a) an employer had given an employee an option of resigning or being dismissed; (b) an employer had followed a course of conduct with the deliberate and...

9. MLC 2019 October National Pānui [pdf, 383 KB]

   ...Applications to the Chie Judge A20190006474 45/93 Elizabeth Morris CJ 2019/22 - James Leonard Morris - and succession orders made at 173 NA 143-144 (07/10/2003) - Application to the Chief Judge A20190006547 58/93 Cariann Debra Snow, Josse Rolana Samuels Appeal 2019/9 - Hinera and Walter Tukaki-Johnson Whanau Trust - against orders made at 179 Waikato Maniapoto MB 57-60 (25 February 2019) - Notice of appeal and application to appeal out of time A20190006684 45/93 Frederick Grey CJ 20...

10. [2006] NZEmpC AC 57/06 Kumar v Icehouse (NZ) Ltd [pdf, 114 KB]

    ...regarded as sexual harassment, then the repetition of such actions, if found to have occurred after a fair investigation, could have led to a justifiable dismissal for sexual harassment. I use the word “could” as directed to by the Court of Appeal in W & H Newspapers v Oram [2000] 2 ERNZ 448, for the parties agreed that s103A, as inserted by the Employment Relations Amendment Act (No2) 2004, does not apply to the circumstances of this case. [55] It was Mr Parkinson’s po...