Search Results

1. [2015] NZEmpC 188 Randwick Meat Co Ltd v Burns [pdf, 94 KB]

   ...It was described in one of the Authority's determination in these terms: 3 [23] … The meeting deteriorated and primarily became a meeting between the parties' representatives making their issues and taking set positions on the law and inviting various responses from each other, with the parties involved only incidentally. This distracted the parties' attention from the underlying issues that the Fleetwoods requested explanations from Mr Burns about. [7] Neve...

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

   ...200 Aotea MB 193-206 (25 February 2008) 18. Tokaanu B2C4B No. 2A – Order determining right of occupancy at 39 Aotea MB 110 (13 May 1994. The Court determined that the three-bedroom house situated on the Tokaanu block was the sole property in law and equity of Te Iria Ida Kaipara. The MoC sets out errors and omissions in the presentation of the facts to the Court namely: 13.6.5 Claude Te Waa was not notified of the application at all. He has submitted to the Court several items o...

3. CAC20002 v Brar [2015] NZREADT 59 [pdf, 490 KB]

   ...the ordinary meaning of the word disgraceful make it clear that the test of disgraceful conduct is an objective one for this Tribunal to assess. See Blake v The PCC [19971 NZLR 71J [57J The 'reasonable person' is a legal fiction of common law representing an objective standard against which individual conduct can be measured but under s.73(a) that reasonable person is qualified to be an agent of good standing or a member of the public. [58J So while the reasonable person is a...

4. [2012] NZEmpC 204 Here v McAlphine Hussman Ltd [pdf, 140 KB]

   ...done in all the circumstances at the time the dismissal or action occurred. In Air New Zealand Ltd v V a full Court of the Employment Court observed that: 2 The meaning of the text of s 103A is clear on its face and in the light of its common law antecedents. It sets out a test for justification where a personal grievance has been alleged. In cases of dismissal, [former s 103A] requires the Authority or the Court to objectively review all the actions of an employer up to and inc...

5. Enviro Waste Services Ltd v Accident Compensation Corporation (Claim for Work Related Injury) [2024] NZACC 28 [pdf, 208 KB]

   ...2021, she commenced employment at Enviro Waste as a waste sorter. Ms Grattan's role involved sorting through recycling materials and throwing them into large bins. [3] On 11 October 2021, Ms Grattan reported to her employer, Ms Felicia Lawrence, that she had a sore right wrist. Ms Lawrence asked Ms Grattan whether she considered she was injured, and Ms Grattan answered: “No, in the past I’ve had pain and swelling in my wrist and its possibly RSI”. Ms Lawrence organ...

6. Tito - Mangakahia 2B2 - No 2A1A [2011] Māori Appellate Court MB 86 (2011 APPEAL 86) [pdf, 161 KB]

   ...holds 220.125 shares. Kevin holds 65 percent of the shares in this land. [3] The land is currently informally leased to a neighbouring dairy farmer who has, until recently, paid the rental on a six monthly basis into the trust account of the law firm Urlich McNab Kilpatrick. Mr Iain Duffy is a legal executive of that firm and was employed as the Trust Manager for the Trust. [4] The appellant originally made an application on 8 May 2008 seeking an injunction against Mr Duffy and t...

7. GP v Accident Compensation Corporation (Impairment Assessment) [2023] NZACC 55 [pdf, 194 KB]

   ...approach to impairment ratings, and felt that he rated beyond the covered injuries. Dr Hill also noted that Dr Newburn’s assessment was a significant time later, and that a person’s presentation could fluctuate with time. 9 Relevant law [38] Clause 55 of Schedule 1 of the Accident Compensation Act 2001 reads: (1) A person who suffers mental injury by an act to which section 21(1)(c) applies is not entitled to lump sum compensation for permanent impairment under this sc...

8. Sutton v Real Estate Agents Authority (CAC 411) & Fear [2017] NZREADT 27 [pdf, 243 KB]

   ...refer the matter to the Tribunal, find unsatisfactory conduct, or take no further action. [5] An appeal against the exercise of a discretion requires the appellant to establish that the decision maker (in this case, the Committee) made an error of law or principle, failed to take relevant matters into account, took irrelevant matters into account, or was plainly wrong. 1 One of the relevant considerations for the Committee is the purpose of the Act, which is “to promote and prot...

9. [2021] NZIACDT 10 - YC v Wan (19 May 2021) [pdf, 238 KB]

   ...for the decline. He reminded her that the interim visa expired on 11 September 2019 and offered to lodge a reconsideration for no charge. If that was not successful, he could lodge a s 61 request 4 (for a discretionary visa for a person unlawfully in New Zealand), also for no charge. A full refund was additionally offered. [18] The complainant did not give Mr Wan any instructions at the meeting. Complainant instructs another licensed adviser [19] On 25 September 2019,...

10. [2018] NZEnvC 246 Wellington International Airport Limited 20.12.18 [pdf, 1.3 MB]

    ...legal challenge by the New Zealand Airline Pilots Association which contends that the appropriate RESA length at each end of the Airport runway should be 240 m and that the Director's decision to approve 90 m was wrongly made as a matter of law. [12] The futility of the resource consent applications proceeding to hearing in the Court when the Director's underpinning assessment as to the appropriate RESA length was subject to challenge in another jurisdiction, was apparent...