Search Results

1. [2018] NZEmpC 25 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 378 KB]

   ...Employment Court Regulations 2000, reg 38(1)(a)-(d). [28] While not referred to in reg 44, it is apparent from reg 37, that disclosure is confined to relevant documents. Relevance is dictated by the pleadings.10 In Airways Corp the Court of Appeal held that the pleadings define the ambit of the proceeding and the issues to which questions of relevance must be related. The Court cautioned that relevance should not be looked at narrowly, but can never be divorced from the is...

2. Herewini - Torere Pa 16 [2016] Chief Judges MB 34 (2016 CJ 34) [pdf, 403 KB]

   ...complained of. [21] In Ashwell – Rawinia or Lavinia Ashwell (nee Russell) I summarised certain principles relating to s 45 applications as follows: 1 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 2 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2016 Chief Judge’s MB 47  When considering section 45 applications, the Chief Judge needs to review the evidence given at the original hearing and weigh it against...

3. Auckland City Council as Assignee v Irwin [pdf, 196 KB]

   ...plaintiffs to protect their raspberry plants from the effect of the herbicide. While in the High Court Mr Ivory had been found to owe a duty of care to the plaintiffs which he had breached with his negligent advice, it was found in the Court of Appeal that the test as to whether an officer or servant of the company, no matter what the status of that person was, had any liability depended on whether there had been an assumption of a duty of care actual or imputed which depended on...

4. McCallum v The Māori Trustee of Whanganui - Estate of Ngapiki Waaka Hakaraia [2014] Chief Judge's MB 541 (2014 CJ 541) [pdf, 215 KB]

   ...will-maker’s husband pre-deceased her. The court therefore considered whether by necessary implication, words could be inferred into the will to fully express the will-maker’s intention and enable the disposition to take effect. 8 The Court of Appeal considered that this approach was only legitimate 7 Re Whitrick [1957] 1 WLR 884 (CA); see also Re Smith: Veasey v Smith [1948] Ch 49; and Re Jensen, above n 6. 8 At 887. 2014...

5. [2019] NZEmpC 151 Zhang v Telco Asset Management Ltd [pdf, 537 KB]

   ...It said: [16] Next, it is appropriate to refer to the relevant principles which apply to the hearing of a non de novo challenge since these differ from those relating to a de novo challenge: a) A non de novo hearing is in the nature of an appeal. The challenger or plaintiff is required to show that the Authority’s determination was wrong. b) Thus, the challenger has an onus of persuading the Court of the existence of an error of fact and/or law by the Authority in its d...

6. Lee v Mangapapa B2 Incorporation - Mangapapa B2 (2017) 140 Waikato Maniapoto MB 83 (140 WMN 83) [pdf, 222 KB]

   ...to the plaintiff should compensate the plaintiff. 5 4 Adlam v Savage - Lot 39A Sec 2A Parish of Matata and Lot 39A Sec 2B No 2B No 2A Parish of Matata [2015] Māori Appellate Court MB 59 (2015 APPEAL 59). 5 Day v Mead [1987] 2 NZLR 443, at 463-464. 140 Waikato Maniapoto MB 95 [50] The key matters to take into account in relation to the commencement date for interest are: a) There is no fixed rule; 6 b) Generally justi...

7. CAC306 v Zhou & Anor [2016] NZREADT 12 [pdf, 212 KB]

   ...with the prosecution and that both defendants are remorseful. [59] Accordingly, we hereby order that the licence of each of them is forthwith cancelled. [60] Pursuant to s 113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s 116 of the Act. [2016] NZREADT 12 - Zhou and She 13 ______________________________ Judge P F Barber Chairperson ______________________________ Ms N Dangen Memb...

8. [2015] NZEmpC 39 Scarborough v Micron Security Products Ltd [pdf, 126 KB]

   ...provides that the test for justification is whether the employer’s actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. The Court of Appeal has recently confirmed that the Court is entitled to enquire into the merits of the redundancy business decision. 9 The genuineness of the redundancy remains a key focus. Once that is established, if an employer concludes that th...

9. A modern and victim focussed Act [pdf, 393 KB]

   ...family violence not being properly recognised and may leave victims without adequate safety arrangements. There is evidence that the judiciary does not always take these behaviours into consideration, as was seen in the recent case where the Court of Appeal found the Family and High courts erred in recognising family violence.3 20 To address this, the Bill makes amendments to the definition of family violence in order to include more detail on the types of behaviours which form psycholog...

10. Ketu - Estate of Te Ringahuia Rangitakatu [2018] Chief Judge's MB 237 (2018 CJ 237) [pdf, 380 KB]

    ...succession order dated 14 October 1955 at 33 Tokaanu MB 251-252 to identify that the interests of the deceased in Tokaanu B2C4B No 2A be vested in: 3 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 4 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2018 Chief Judge’s MB 249 Tame Ketu for life Albert te Rangiwhakaarahia Ketu Hori Rihia te Wairata alias Hori Rihia No. 2 Te Iria Ida Kaipara...