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1. 2010 to 2013 Ministry of Justice statement of intent [pdf, 498 KB]

   ...http://creativecommons.org/licenses/by/3.0/nz/. Please note that no departmental or governmental emblem, logo or Coat of Arms may be used in any way which infringes any provision of the Flags, Emblems, and Names Protection Act 1981. Attribution to the Crown should be in written form and not by reproduction of any such emblem, logo or Coat of Arms. http://creativecommons.org/licenses/by/3.0/nz/ http://www.legislation.govt.nz/act/public/1981/0047/latest/whole.html#dlm52216 http://www.legis...

2. Rice - Part Rangiuru No2A Roadway (2014) 107 Waiariki MB 148 (107 WAR 148) [pdf, 162 KB]

   ...(Heard at Rotorua) Judgment: 17 November 2014 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] Geoffrey Rice seeks a determination of ownership per s 18(1)(a) of Te Ture Whenua Māori Act 1993 of Part Rangiuru No 2A Roadway (“the unformed road”). He asks that the Court cancel the unformed road because he says it is no longer required. Mr Rice also requests that the cancelled part of the road be re-vested in a block of General land he owns, Rangiuru No 2A No 9A....

3. [2007] NZEmpC WC 3/07 Tamarua v Toll NZ Consolidated Ltd [pdf, 46 KB]

   ...taking into account his 18 years’ experience with the company, it found that the dismissal was justified. [3] Mr Tamarua has challenged that decision as well as the award of $1,500 costs made against him by the Authority. He abandoned his claim for reinstatement during the Authority investigation. In his statement of claim he now seeks only lost wages but made no formal request for compensation. The facts [4] Mr Tamarua was employed first by New Zealand Rail and then Toll NZ...

4. [2011] NZEmpC 95 Walker v Procare Health Ltd [pdf, 113 KB]

   ...Walker will be unable to find alternative counsel to come up to speed with the proceedings. She would in that event represent herself.” [8] On 5 May 2011, following on from a further directions conference, Judge Travis noted that counsel had requested a fixture so that submissions could be made to the Court in respect to the representation issue. His Honour noted that Mr Harrison would be filing an affidavit disclosing his role in the plaintiff’s dismissal and annexing releva...

5. [2010] NZEmpC 41 Shortland v Alexander Construction Co Ltd [pdf, 38 KB]

   ...also provided with a brief of evidence from Dr Jolly, the plaintiff’s general practitioner. Mr Webster indicated that he did not wish to cross-examine this witness and he was not present. I invited Mr Petherick to provide this evidence in the form of an affidavit but, understandably, he was unable to arrange that today. As the evidence which Dr Jolly would have given was largely corroborative of what the plaintiff herself said and her evidence in those respects did not significan...

6. [2013] NZEmpC 135 Catering Masters NZ Ltd v Anand [pdf, 81 KB]

   ...Mr Anand’s well-being and a desire to find out when he would be returning to work. [10] It is common ground that Mr Gounder telephoned Mr Anand again later that day, at 3.20 pm. Mr Gounder says that the purpose of this call was to reiterate a request that Mr Anand bring a medical certificate in to work when he returned. Mr Anand says that Mr Gounder repeated his earlier comments that he must return to work immediately and if he did not he need not bother coming back again. Mr A...

7. Mansfield v Pomana – Matahiwi 1A and 2 other blocks (2013) 22 Takitimu MB 123 (22 TKT 123) [pdf, 147 KB]

   ...162 Napier MB 287-289 (162 NA 287-289) 22 Takitimu MB 125 Procedural history [10] Mr Mansfield filed his application as foreshadowed on 2 November 2011. Following receipt the case manager, having sought directions, wrote to the trustees requesting that they file certain documents including minutes of the last annual general meeting, minutes of the last 3 trustees meetings, accounts for the last 3 years, copies of any leases of license and details of owner addresses. By the tim...

8. [2009] NZEmpC AC 22/09 EBIIWU & Ors v Carter Holt Harvey Ltd [pdf, 42 KB]

   ...prefer the latter. That is not because the plaintiffs’ witnesses tried to mislead the Court. Rather, their recollections of events, now almost 3 years ago, was more vague and their understanding of what is at least a quasi-legal process for the formation of effective collective agreements, is less acute and informed than that of the other witnesses. [23] I accept the plaintiffs’ evidence that what was discussed at the ratification meeting on 21 July 2006 was the content of the...

9. [2013] NZEmpC 56 Hamon v Coromandel Independent Living Trust [pdf, 132 KB]

   ...alleged to have been said at the mediation, until further order of the Court. That order was made under cl 12 of schedule 3 to the Employment Relations Act 2000 (the Act). [3] Following receipt of the defendant’s supplementary submissions, an informal application was received from the Chief Mediator of the Labour Group, Ministry of Innovation, Business and Employment, seeking to make submissions on the matter of mediation confidentiality. The parties were invited to advise the...

10. Tukapua v Taueki - Horowhenua Block 11 (2012) 278 Aotea MB 172 (278 AOT 172) [pdf, 163 KB]

    ...could not attend trustee meetings since he lived in Fielding. While he was prepared to do so he could not justify payment of travel costs without the guarantee of reimbursement from the trust, as had already been agreed by the trustees. This request does not seem unreasonable and I would therefore expect any trustee’s reasonable travel costs to attend the meeting to be met. [53] It seems perverse that the trustees cannot seem to undertake something so simple as meeting together...