Search Results

1. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

   ...by the first and second plaintiffs, has actively breached the covenants and misused confidential information belonging to the defendant in so doing. This, it is said, is relevant to a consideration of the overall justice of the case. The law [16] Contractual provisions restricting the activities of employees after termination of their employment are, as a matter of legal policy, regarded as unenforceable unless they can be justified as reasonably necessary to protect propri...

2. [2018] NZEnvC 130 Friends of Nelson Haven Tasman Bay Incorporated v Tasman District Council [pdf, 1.5 MB]

   ...authority may decline granting a resource consent for such an activity or grant consent with or without conditions. On its face, the discretion conferred on the consent authority by those provisions is unrestricted beyond the limits implied by law. 8 The separate provisions in ss 87 A(3) and 104C for restricted discretionary activities9 reinforce this conclusion. [41] It follows that it would be contrary to the scheme of the RMA for a rule in a plan to include restrictions on the...

3. [2020] NZREADT 37 - Eade v Real Estate Agents Authority (25 August 2020) [pdf, 335 KB]

   ...transaction), 6.3 (a licensee must not engage in any conduct likely to bring the real estate industry into disrepute), 6.4 (a licensee must not mislead a customer or client, nor provide false information, nor withhold information that should by law or in fairness be provided to a customer or client), and 9.8 (a licensee must not take advantage of a prospective client’s, or client’s, or customer’s inability to understand real estate documents). [9] The Committee’s decision t...

4. [2021] NZEmpC 76 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei [pdf, 287 KB]

   ...[46] On 6 September 2017, Ms Moncur, the defendant’s representative, wrote to the company on behalf of Ms Wei, giving notice of grievances for unjustified disadvantage, unfair dismissal and wage arrears. The company denied the claims. The law Constructive dismissal principles [47] In Auckland Shop Employees’ Union v Woolworths (NZ) Ltd the Court of Appeal accepted that a constructive dismissal could arise in situations such as where:3 (a) an employer had given an employee a...

5. Pue v Kingi - Te Rununga o Ngati Maru (Taranaki) Whenua Topu Trust (2012) 291 Aotea MB 257 (291 AOT 257) [pdf, 227 KB]

   ...Rata Pue in person Mr T Wano for the trustees Judgment: 31 October 2012 INTERIM RESERVED JUDGMENT OF JUDGE L R HARVEY Solicitors: Govett Quilliam, Private Bag 2013 New Plymouth Troy.Wano@gqlaw.co.nz 291 Aotea MB 258 Introduction [1] On 18 October 2011 Rata Pue made application for the removal of Maria Kīngi, Paul Carr, Cynthia Kīngi-Brown and Rangi Tapatu as responsible trustees of Te Rūnanga o Ngāti Maru Whenu...

6. [2007] NZEmpC CC 5/07 Reynolds v Burgess [pdf, 116 KB]

   ...working for the rest of the week because she needed the money entirely credible. [99] In the course of her evidence, Ms Reynolds described how she dealt with performance issues involving a previous employee. She said that she did so according to law. Mr Foley said that he also believed this to be so. On this basis, Ms Reynolds invited me to infer that she would not have dealt with Ms Burgess inappropriately by unjustifiably dismissing her and, on that basis, to reject M...

7. Have your say on the family justice system [pdf, 1.1 MB]

   ...about third parties 2 Privacy 2 Background 4 Changes to the family justice system in 2014 4 Out-of-court processes 5 Family Dispute Resolution 5 Parenting Through Separation 7 Family Legal Advice Service 8 In-court reforms 9 Removing lawyers from the early stages of Family Court cases 9 Changes to court processes 10 Changes to how children’s safety is assessed 11 Role of professionals 12 Lawyer for the child 12 Specialist reports 13 Counselling services 14 Cost...

8. Chen v Loh [2013] NZIACDT 15 (19 March 2013) [pdf, 218 KB]

   ...BETWEEN Zi Chen Complainant AND Bae Lian Loh Adviser DECISION REPRESENTATION: Complainant: Mr Tuariki Delamere, Licensed Immigration Adviser, Auckland Adviser: Mr S Laurent, Laurent Law, Lawyer, Auckland Date Issued: 19 March 2013 2 DECISION Introduction [1] This complaint relates to Mr Loh’s conduct in relation to his client, Mr Chen. [2] The same circumstances have resulted in a com...

9. Randle v Accident Compensation Corporation (Claim for cover) [2024] NZACC 131 [pdf, 301 KB]

   ...assessor were then relied on in the analysis of medical practitioners in reaching their conclusions on two criteria under the Hernia Guidelines. In consequence, Mr Randle submits the rationale supporting the Corporation’s decline decision is flawed. [5] The question for determination is whether Mr Randle’s left inguinal hernia is an injury caused by an accident on 23 December 2021. Evidence of Mr Randle [6] Mr Randle gave evidence about mechanism of injury, his symptoms, his...

10. Tatai v Woodman - Waimahana D No3B Section 1 (2024) 282 Taitokerau MB 106 (282 TTK 106) [pdf, 318 KB]

    ...and H Foley in person R Park for the respondents Whakataunga: Judgment date 4 December 2024 TE WHAKATAUNGA Ā KAIWHAKAWĀ M P ARMSTRONG Judgment of Judge M P Armstrong Copies to: R Park, Watkins Law, PO Box 147, Kaikohe 0440, roslyn@watkinslaw.nz 282 Taitokerau MB 107 Hei tīmatanga kōrero Introduction [1] Waimahana D No 3B Section 1 (D3B1) is a large block of Māori freehold land, 35.4732 hectares in size, located on the...