Search Results

1. [2015] NZEmpC 208 Caffe Coffee (NZ) Ltd v Farrimond interlocutory [pdf, 130 KB]

   ...agreement, except for the incorporating of a company. This breach was not so serious as to justify the imposition of a penalty. No injunction was ordered. Caffe Coffee has challenged the Authority’s determination. [4] By an amended statement of claim dated 6 November 2015, Caffe Coffee now asserts that breaches occurred both before and after Mr Farrimond resigned from the company; and that Mr Farrimond’s employment obligations have accordingly been breached. [5] Caffe...

2. [2007] NZEmpC CC 12/07 NZ Amalgamated Engineering Printing and Manufacturing Union v Air Nelson Ltd [pdf, 79 KB]

   ...principally of salmon from King Salmon New Zealand Limited (“KSNZ”) that relies upon Air NZ air freighting its products daily to markets elsewhere in New Zealand and overseas. [11] Pending investigation and determination of its substantive claim for penalties for breach of s97, the union sought injunctive relief from the Employment Relations Authority at Christchurch. The Authority investigated this claim at a meeting on 30 May and, by a reserved determination issued...

3. [2018] NZSSAA 39 (31 July 2018) [pdf, 221 KB]

   ...Conjugal status for benefit purposes For the purposes of determining any application for any benefit, or of reviewing any benefit already granted… the chief executive may in the chief executive's discretion— (a) regard as single any applicant or beneficiary who is married or in a civil union but is living apart from his or her spouse or partner: (b) regard as married any 2 people who, not being legally married or in a civil union, have entered into a relationship in the...

4. Government Response to Te Aka Matua o te Ture | Law Commission Report: The Use of DNA in Criminal Investigations | Te Whakamahi i te Ira Tangata i ngā Mātai Taihara [pdf, 825 KB]

   ...asked to review the Criminal Investigations (Bodily Samples) Act 1995 (the CIBS Act) and the use of DNA in criminal investigations in 2016. The report was tabled in the House of Representatives in November 2020 and the Government is required to formally respond by 24 May 2021. 3. The Law Commission identified several issues with the current regime and found that the CIBS Act is no longer fit for purpose. The report recommended reform of the DNA regime, as the CIBS Act:  does...

5. [2019] NZEnvC 111 Tussock Rise Limited v Queenstown Lakes District Council [pdf, 8.4 MB]

   ...to strike out any parts of the appeal by Tussock Rise Limited. B: Costs are reserved. Tussock Rise Limited v QLDC - Procedural Decision 2 Table of Contents Para [ 1] [1] [5] 1. 2. 3. 4. Introduction 1.1 The issues and the application to strike-out 1.2 The steps leading to the appeal 1.3 The section 32 analysis and the superior policy framework The law and the issues [18] [25] 2.1 Preparation and renewal of district plans [25] 2.2 The contents of a distr...

6. [2022] NZREADT 15 – Complaints Assessment Committee 2108 v Rankin Tremain Real Estate Wairarapa Ltd (10 August 2022) [pdf, 224 KB]

   ...agreement was dated 8 November 2019 and appeared on its face to be signed and initialled by the vendors. [11] The vendors have advised that the signatures and initials on the agency agreement were not theirs. They did not know who had filled out the form and they were unsure if they had ever seen the completed form. Pitt Street [12] On 19 May 2020, Mr Rankin sold the Pitt Street property. [13] The agency agreement was dated 17 December 2019 and appeared on its face to have...

7. [2023] NZREADT 7 - CAC 2002 v Sun (6 April 2023) [pdf, 309 KB]

   ...not 603 m2; (c) The net size of Lot 3 was 456 m2, not 601 m2. [20] Prior to settlement, IM raised concerns with Ms Sun and BR about the size of Lot 1. On or about 15 February 2018, Ms Sun and IM were engaged in a conversation on the messaging application “WeChat” regarding the size of Lot 1 and the impact on the easement relating to the lot. Ms Sun sent a WeChat message to IM informing her that BR was “very frustrated and anxious” and that his “bank loan is nearly due�...

8. Complaints Assessment Committee 414 v Deepak Goyal [2017] NZREADT 58 [pdf, 235 KB]

   ...intelligent and successful business person, who had recently completed his qualifications as a real estate licensee, Mr Goyal can be expected to have a good level of awareness of his obligations. He submitted that the Tribunal should reject Mr Goyal’s claim that he did not have the appreciation of his obligations that a licensee with more years of experience would have. [37] He submitted that the Tribunal should also reject Mr Goyal’s claim that he was not clear as to the app...

9. Ministry of Justice review for the State Services Commission’s Inquiry into the Use of External Security Consultants [pdf, 1.3 MB]

   ...Internal memo to Deputy Security – Corporate and  Governance, which summarises the Inquiry and the  Ministry’s engagement of security consultants   Some commercially sensitive information has been  withheld as it is likely it would, if requested under the  Official Information Act 1982, be withheld under  section 9(2)(b)(ii) to avoid prejudice to the commercial  position of the person who supplied or who is the  subject of th...

10. [2011] NZEmpC 32 New Zealand Meat Workers Union of Aotearoa Inc v AFFCO NZ Ltd [pdf, 139 KB]

    ...reply denied the allegations. [3] In a determination dated 28 February 2011, 1 the Authority recorded that both parties had agreed that there was an important preliminary issue to be resolved and that related to the correct interpretation and application of a particular provision in the collective agreement, i.e. cl 30 which was referred to throughout the hearing as the “seniority clause”. The union requested the Authority to remove this preliminary matter to the Court for de...