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1. [2006] NZEmpC AC 44/06 Spotless Services (NZ) Ltd v Service and Food Workers Union Inc [pdf, 71 KB]

   ...occurred, as I said earlier, the employer would simply make up the difference to comply fully with clause 7.2. [21] Mr Cranney made some point of the words “already receiving” used in the plaintiffs submissions as indicating a flaw in Mr Harrison’s arguments. However, I think the words used simply reflect a convenience in language. I surmise that what is really meant is “already entitled to receive” or words to that effect. [22] Nevertheless, I am of the vie...

2. [2020] NZEmpC 52 Dillon v Tullycrine Ltd [pdf, 230 KB]

   ...Tullycrine Ltd (Tullycrine) and, therefore, was unable to pursue claims for unpaid wages or for unjustifiable dismissal.1 [2] At the relevant times the directors and shareholders of Tullycrine were Mr Dillon’s son, Mr Hayden Dillon, and daughter-in-law, Mrs Lisa Dillon. 1 Dillon v Dillon [2018] NZERA Auckland 334 (Member Robinson). [3] The Authority found the relationship between Mr Dillon and Tullycrine was not an em...

3. [2021] NZACC 7 - Stryder v ACC (12 January 2021) [pdf, 183 KB]

   ...At all material times the appellant was a self-employed contractor engaged in the business of property maintenance trading as Pristine Property Maintenance Limited. [4] His work tasks involved gardening, weeding, fencing, landscaping, paving, lawnmowing, tree trimming, tree removal, hedge trimming, water blasting, painting, rubbish removal and general property maintenance and building repairs. [5] On 16 April 2014 the appellant hurt his back by lifting a fully laden tandem trai...

4. Paerau v Trustees of Te Komiti 1B2B2 Ahu Whenua Trust (2017) 147 Taitokerau MB 241 (147 TTK 241) [pdf, 212 KB]

   ...9 Ibid. 10 A20160005037. 11 142 Taitokerau MB 50 (142 TTK 50). 12 144 Taitokerau MB 126-145 (144 TTK 126). 147 Taitokerau MB 244 [12] As noted, the trustees now seek an award of costs in relation to these proceedings. The Law [13] Section 79 of Te Ture Whenua Māori Act 1993 (the Act) states: 79 Orders as to costs (1) In any proceedings, the court may make such order as it thinks just as to the payment of the costs of those proceedings, or of any proceeding...

5. [2022] NZEnvC 090 Cable Bay Wines Limited v Auckland Council [pdf, 397 KB]

   ...and Mrs Edwards application for costs is declined. REASONS Introduction [1] The substantive proceedings involved: (a) An appeal by Cable Bay Wines Limited against the Council's decision to refuse its application for resource consent to lawfully establish (after the event) an existing structure referred to as The Verandah, and for the use of The Verandah and lawn areas as part of the restaurant and function facility at Cable Bay Vineyard; and (b) An application for enforce...

6. [2023] NZEmpC 106 Ling v Super Cuisine Group Ltd [pdf, 254 KB]

   ...relation to the penalty sought by Mr Ling, it found that the application was out of time and must fail.6 [7] Mr Ling has been paid the wages and holiday pay owing. He challenges the Authority’s finding in relation to constructive dismissal. Law [8] The question in these proceedings is whether Mr Ling’s resignation was, in reality, a constructive dismissal. [9] The legal principles relating to constructive dismissal are well established and not in dispute. 3 Ling v Su...

7. LCRO 151/2017 NS v ET (12 March 2019) [pdf, 130 KB]

   LCRO 151/2017 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee [X] BETWEEN NS Applicant AND ET Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr NS has applied to review a decision of [City] Standards Committee [X] (the Committee), in whi

8. Audit summary report FINAL [pdf, 608 KB]

   ...2017 1 High quality legal aid services Practice themes from 2015-16 audits Executive summary ....................................................................................................................... 1 Audits of legal aid lawyers ............................................................................................................ 2 2015-16 audit results ...........................................................................................................

9. Reece v Accident Compensation Corporation (Weekly Compensation) [2022] NZACC 226 [pdf, 216 KB]

   ...mutually exclusive. The presence of the fracture supports a post- traumatic cause for the neurovascular and autonomic features of CRPS 1, rather than some other spontaneous or imaginary unspecified cause. Weekly compensation payments Relevant law [38] Section 103 of the Act provides: 103 Corporation to determine incapacity of claimant who, at time of personal injury, was earner, on unpaid parental leave, or recuperating organ donor (1) The Corporation must determine under this...

10. Swanson - Waotu South C No 6B (2014) 110 Waiariki MB 187 (110 WAR 187) [pdf, 235 KB]

    ...at Rotorua) Appearances: Mr C Bidois, for the applicants Judgment: 22 December 2014 RESERVED JUDGMENT OF JUDGE C T COXHEAD Copies to: Curtis Bidois, East Brewster Lawyers, PO Box 1742 Rotorua 3040, curtis.bidois@eastbrewster.co.nz mailto:curtis.bidois@eastbrewster.co.nz 110 Waiariki MB 188 Introduction [1] This decision concerns an application pursuant to ss 135 and 136 of Te Ture Whe...