Search Results

1. [2010] NZEmpC 123 Burtton & Browne v Talley's Group Ltd [pdf, 52 KB]

   ...dismissed constructively. The Authority concluded that Mr Browne had an arguable case that the manner of his dismissal was not how a fair and reasonable employer would have acted in all the circumstances. That related to the employer’s refusal to permit Mr Browne to have the assistance of a lawyer in circumstances where, having arranged to travel from Auckland to Nelson to attend a meeting arranged by the employer, Talley’s first cancelled the meeting and then declined to make...

2. Southern-Pastures-Limited.pdf [pdf, 287 KB]

   ...phosphorus, sediment and microbial pathogens by the short-term numeric water quality values in Table 3.11-1 being met no later than 10 years after Chapter 3.11 of this Plan is operative. Support Policy 1(c) Amend as follows: Enabling, through permitted activity rules, low intensity farming and horticultural activities (not including commercial vegetable production), with low risk of diffuse discharge of those contaminants to water bodies, and requiring resource consents for all othe...

3. Matenga - Parish of Tahawai Lot 18C-F and 18I (2003) 73 Tauranga MB 150 (73 T 150) [pdf, 660 KB]

   ...injunction was granted on 10th January 2003 pending the hearing of the substantive application under s 18(1 )(a)/93. The applications were heard at two sittings of the Court. Mrs Matenga is now resident in Australia and her health situation did not permit her to travel to Tauranga for the hearing on the 12 March 2003. Mrs Matenga authorised Mr Monty Smith to speak for her at the hearing and her evidence was presented by affidavit. Further supporting evidence was given by members of he...

4. Wall v Karaitiana - Tauhara Middle 15 Trust (2008) 88 Taupo 63 (88 TPO 62) [pdf, 2.7 MB]

   ...a person holding multiple power of attorneys can only "show" their hand, as it were, once. It is quite unlike a situation where voting would be by way of shares. In that case the individual holding mUltiple powers of attorney would be permitted to exercise voting by shares for all the individuals for whom the attorney held authority. [28] Therefore, powers of attorney may be used at both the meeting of owners of Tauhara Middle 15 and the meeting of beneficiaries for Tauhar...

5. SC & TO Partnership v QS & TS & JT Ltd [2022] NZDT 84 (24 May 2022) [pdf, 256 KB]

   ...items. I am not satisfied that it can be implied into that clause that the items swapped had to be of the same quality. 20. The respondents have not breached the contract by swapping items out for items from another property. That was specifically permitted by the contract. 21. It was accepted that two side tables were removed from the property and not swapped out for other side tables. QS said he understood that the real estate agent was going to supply and deliver those table t...

6. ENVC Hearing 6Oct14 WML rebuttal Robert Pryor [pdf, 12 MB]

   ...assessment is deficient in that it does not address the following landscape matters which she considers to be relevant to an understanding of the landscape values of Matiatia Bay (i.e. the landscape): 
 (a) the past, present and likely future (permitted or consented) activities in the area; (b) the memorability of the area; and (c) the values to tangata whenua. Past, present and future activities 8. Ms Gilbert considers that while I mention the transport, rural and open...

7. Director of Proceedings (EFG) v Commissioner Police [2012] NZHRRT 8 [pdf, 87 KB]

   ...following remedies: (a) a declaration that the action of the defendant is an interference with the privacy of an individual: (b) an order restraining the defendant from continuing or repeating the interference, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the interference, or conduct of any similar kind specified in the order: (c) damages in accordance with section 88: 8 (d) an order that the defendant perform...

8. LCRO 195/2018 KW v LQ (26 June 2020) [pdf, 182 KB]

   ...requirements but not to defend him/her. As a rule, they [advocates] tend to agree with the prosecution’s position and fulfil a formal function of the defence. If you are happy with this, please email me and I will take this case if time still permits. [7] In the meantime, a Legal Aid provider (KI) had been appointed to act for KW and had already applied for bail for her. [8] On 25 September LQ sent his terms of engagement to YT, advising that “as soon as we receive the signed...

9. [2017] NZEmpC 141 Lewis v Immigration Guru Ltd [pdf, 322 KB]

   ...unjustifiable dismissal under s 103(1)(a) did not mean that the Employment Court was precluded from considering the discrimination issue in the correct statutory context. A pleading point of that nature would be contrary to s 122 which expressly permits the Court to make a finding that a personal grievance is of a type other than that alleged. [12] The Court of Appeal in Nathan relied upon New Zealand Van Lines Ltd v Gray.3 That case was decided under the Employment Contracts Act...

10. LCRO 122/2015 NP v AO (21 May 2018) [pdf, 178 KB]

    ...[8] Mrs NP says that, together with her husband and brother Mr BG, she had met with Mr AO on 1 October 2014. He refused to provide them with a copy of Ms T’s will on the basis “it had not been cleared by the Court, and therefore he was not permitted to do so”. He told them that there was no provision in the will for “any beneficiaries either in New Zealand or Australia”. They discussed Ms T’s house and contents, and checked with Mr AO that the place was still insured....