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1. Trustees of Te Ngae Farm Trust v Trustees of the Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 118 Waiariki MB 92 (118 WAR 92) [pdf, 280 KB]

   ...mailto:felix.geiringer@terracechambers.co.nz mailto:curtisbidois@eastbrewster.co.nz mailto:mmckechnie@xtra.co.nz 118 Waiariki MB 93 Introduction [1] Ngāti Rangiteaorere settled part of their Treaty claims in 1993 by way of an agreement with the Crown. Land which formed part of that agreement was vested in the eponymous ancestor of Ngāti Rangiteaorere and eventually transferred to the Te Ngae Farm Trust (“the Trust”). A further deed of settlement was subsequently entered...

2. [2013] NZEmpC 14 Dell v ABC01 Ltd (formerly Primary Heart Care Ltd) [pdf, 75 KB]

   HOWARD DELL V ABC01 LIMITED (FORMERLY PRIMARY HEART CARE LIMITED) NZEmpC AK [2013] NZEmpC 14 [18 February 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 14 ARC 65/12 IN THE MATTER OF an application for compliance order BETWEEN HOWARD DELL Plaintiff AND ABC01 LIMITED (FORMERLY PRIMARY HEART CARE LIMITED) First Defendant AND JOHN WILLIAM HINCHCLIFF (ALSO KNOWN AS JOHN-WILLIAM: HINCHCLIFF) Second Defendant Hearing: 18 February 2013 (

3. [2015] NZSSAA 036, 18 May [pdf, 37 KB]

   ...22 February 2012. The balance of $6,793.61 (of the $13,160.41) covered payment of rent at $575 per week from 23 February 2012 to 13 June 2012. We note in passing that the documentation from the insurance company suggests that the appellant had informed the insurance company in November 2011 that she had shifted and was now paying $575 per week rent. The appellant now denies this was the case. In any event the appellant received $575 per week from her insurance company to pay her renta...

4. Legal aid funding - Details of proposals [pdf, 55 KB]

   ...taking into account the welfare and best interests of the child. Lawyer for the Child is funded from court budgets rather than from legal aid, but is included here because it is causing similar fiscal pressures and to maintain parity between different forms of government funded legal assistance. In 2009/10, $23.2 million was spent on Lawyer for the Child in care-of-children cases, up 55% from $15.0 million in 2006/07. The growth appears to be mainly due to increased numbers of care-of-ch...

5. [2010] NZEmpC 1 Singh v Eric James & Associates Ltd [pdf, 46 KB]

   ...premium payments. Mr Singh had an accountant who produced annual accounts for him as a sole trader and in which his business expenses were deducted from his income and Mr Singh was taxed accordingly. The commissions paid to Mr Singh were able to be claimed back from him by EJAL if a policy did not subsist for a set minimum period. [15] Mr Singh operated his business from his home and provided his own motor vehicle for travelling to appointments with customers and to sales meetings...

6. [2011] NZEmpC 13 Carter Holt Harvey Ltd v EBIIWU [pdf, 118 KB]

   ...Authority Member has erred in law. The approach adopted fails to take into account the guidelines set out in Da Cruz. In particular, it has not taken into account this Court’s guidance to the effect that costs [awards] should be modest, which formed the basis for its finding that the Binnie approach was not a proper one. 5.8. It is submitted that the Authority should instead have adopted the approach approved in Da Cruz and applied consistently since then of awarding costs ba...

7. [2007] NZEmpC CC 5/07 Reynolds v Burgess [pdf, 116 KB]

   ...position at Raeward Fresh. She also spent $440 on new clothes to wear when working at Eftpos Easy. [20] On Sunday 20 January 2002, Ms Burgess went to Eftpos Easy where she was shown how to operate the telephone system. This was at Ms Reynolds’ request. [21] Ms Burgess began work at Eftpos Easy as arranged on Monday 21 January 2002. Her hours of work were 8.30am to 5pm each day with half an hour for lunch. [22] The Eftpos Easy premises were located inside the premises of ano...

8. LG v Hakaoro [2013] NZIACDT 23 (03 April 2013) [pdf, 168 KB]

   ...August 2011. [13] On 10 October 2011 the complainant was concerned that Mr Hakaoro had not appeared to have taken any action. She attended the Manukau Counties Community Law Centre to seek advice. Mr Greening, the lawyer advising the complainant formed the view that Mr Hakaoro was in breach of the Licensed Immigration Advisers Code of Conduct 2010 (“the Code”), as he had failed to perform the instructions he had received. [14] Mr Greening telephoned Mr Hakaoro while the complainan...

9. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...2010 Mr Deliu complained to the Lawyers Complaints Service (“LCS”) about correspondence Mr Hong had sent to two barristers in Mr Deliu’s chambers, and to an instructing solicitor. The correspondence arose out of civil proceedings brought by former clients of Mr Hong, and now represented by the two barristers, in which Mr Hong was named as a respondent. Mr Hong considered the claim entirely misconceived and in his correspondence was attempting to have them withdraw it. Given...

10. [2012] NZEmpC 91 Ball v Healthcare of NZ Ltd [pdf, 132 KB]

    ...ex-employer following dismissal. In any event, in Tu’itupou it appears that the employee deliberately decided to do nothing to progress her grievance. That is not the situation in the present case. Ms Ball made the point in evidence that she requested further mediation with the company following notification of her dismissal and that that request was declined. While the mutual lack of communication following the plaintiff’s dismissal is unfortunate, I do not consider that the...