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1. Aperahama v Anderson - Sections 57 58 70 72 and 100 of Ratana Pa (2022) 447 Aotea MB 93 (447 AOT 93) [pdf, 262 KB]

   ...most effectively in these contexts.17 It was further argued that this Court is a better alternative to the High Court, which does not necessarily possess these tools. Even if this is correct, it does not allow the Court to go where it is not permitted. Even if the Māori Land Court is the most appropriate forum to resolve this dispute, it can only do so if it has jurisdiction. Whakataunga Decision [38] For these reasons, the Court does not have jurisdiction to determine th...

2. Faulkner - Ohuki 1C Sec2 (2019) 183 Waikato Maniapoto MB 45 (183 WMN 45) [pdf, 277 KB]

   ...block. What is the best overall use and development of the block? [39] As stated, the block is already used for residential purposes and there is an existing occupation order over it. The trustees of the Matapihi-Ohuki Trust have determined to permit further occupation orders to be sought over the block. The location of the block within the city boundaries of Tauranga along with the above factors point to residential purposes being the best overall use and development of parts, if...

3. AODT Court Operational Policy update 2023 v3.01. [pdf, 304 KB]

   ...discuss arrangements. The team leader will take responsibility for matters during absences. • An AODT Court lawyer who has recurrent or ongoing scheduling conflicts will be removed from the AODT Court roster. • AODT Court lawyers are not permitted to swap their rostered sessions with other lawyers including other AODT Court lawyers. Any changes must be discussed with and managed via the team leader. • If required and if called upon to do so by the team leader, any AODT Court...

4. [2008] NZEmpC WC 18/08 Arthur D Riley & Co Ltd v Wood [pdf, 67 KB]

   ...some of the images forwarded by Miss Wood were objectionable. In another work environment they may have not have been regarded as such but in this case they were. Miss Wood herself recognised that by acknowledging that she would not have been permitted to post the images on the staff notice-board. Her comment on the e-mail that forwarded the attachments also suggests that she was aware that these were not just funny but were, to say the least, questionable. [60] I also find that...

5. [2007] NZEmpC AC 3/07 McGreal v Television New Zealand Ltd [pdf, 59 KB]

   ...He was able to work for other players in the industry. For some of the years disclosed in the accounts produced, he earned a good income and indeed substantially more than he would have earned as an employee on salary. In later years he was permitted to charge on a daily or half-daily basis even if he did not work for the full period. He was paid accordingly. There were times when he unilaterally increased his rates and TVNZ agreed to pay the higher rates. [27] Mr McGreal ind...

6. [2007] NZEmpC WC 17/07 Finau & Ors v Southward Engineering Co Ltd [pdf, 66 KB]

   ...parties to the strike. Their suspensions lasted until 5 October 2005. [6] Both Mr Smith and Mr Makara are trained to operate the coil slitter and do so from time to time when the usual operators are unavailable. Their employment agreement permitted Southward to require them to transfer to other jobs within the scope of its operations if they were competent to perform those jobs. [7] In this proceeding, the Court is not otherwise concerned with the facts. They must be...

7. [2008] NZEmpC CC 13/08 ANZ National Bank Ltd v Svensson [pdf, 64 KB]

   ...redundancy provisions. 2. Where the hours of work are a term of an agreement, unilateral change will amount to a breach of the agreement which may only be justified if the change is technical or inconsequential. 3. Where an employment agreement permits the exercise of management prerogative to alter an employee’s working conditions or job description, the employer must act reasonably and fairly before making such changes4 and the employee may not unreasonably withhold their a...

8. [2010] NZEmpC 90 NZ Fire Service Commission v Warner & Ors [pdf, 60 KB]

   ...were previously beyond its jurisdiction. Rather, the cases that are specifically provided for suggest that the objective of the ERA remains essentially contract focused and does not extend to a jurisdiction to determine claims in tort. Section 99 permits only a limited tort jurisdiction and para (r) of s 161(1) makes explicit the exclusion of tort jurisdiction otherwise falling within that provision. [27] As to s 161 and whether the Authority was empowered to determine matters in tort,...

9. E1 Rod Marler Corporate EIC Applicant [PDF, 1.3 MB]

   ...breakwaters and the wave panels for a period of 35 years. This provides for legacy use of this public waterfront wharf space for the maximum duration possible under section 123 of the RMA. Likewise, consent is sought for all necessary regional permits for a 35-year duration. 4.27 The America’s Cup event periods sought are specifically limited to a six month period, the first commencing in December 2020 and culminating in May 2021. The six month period is sought in order to enabl...

10. Alasdair Morrison (dated 2 June 2017) [pdf, 3.9 MB]

    ...actual viability of the project is uncertain and could leave Dunedin City Council exposed to some significant financial risk. h) There has been no verifiable evidence presented that adjacent landowners would allow access to their properties to permit the heavy transport movements up the access road. g) The appellant has not presented any evidence about how the environmental consequences of modifying the access road could be mitigated. The statement in the evidence of Mr. Will...