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1. Maruera v Te Runanga o Ngāti Maru (Taranaki) Trust (2017) 378 Aotea MB 118 (378 AOT 118) [pdf, 389 KB]

   ...made on 22 December 2005 in Chambers reducing the number of trustees by two and appointing, together with the remaining trustees, the persons nominated at the general meeting as trustees by way of replacement. I also indicated that any party was permitted to apply for a rehearing within 28 days. 4 (2015) 335 Aotea MB 1 (335 AOT 1) 378 Aotea MB 122 Application for enforcement of obligations of trust [17] On...

2. [2006] NZEmpC WC 27/06 ANZ National Bank v Cortright [pdf, 67 KB]

   ...to your employment with the Bank. [13] In spite of these indications, Mr Cortright does not consider himself to be a manager and denies being informed that he was a manager. He says that people doing virtually identical work to him have been permitted to be covered by the collective contract and he feels discriminated against. [14] The bank has three standard forms of employment agreement: • The collective agreement with Finsec; • Individual employment agreements based o...

3. [2011] NZEmpC 68 Army Surplus Disposals Ltd v Reed [pdf, 110 KB]

   ...two as alleged by Mr Reed) as reimbursement for money he claimed Mr Reed had stolen from the plaintiff company. As for holiday pay, Mr Doyle did not dispute that $3,620.40 was outstanding as at September 2009. However, he alleged that he had permitted Mr Reed to keep the proceeds from the sale of some scrap metal and storage rental for some tanks stored on property owned by the company. These sums, he claimed, amounted to $2,700 and therefore exceeded the net holiday pay owing...

4. 2021-06-04 – Hearing Notice – PC7 – Commencing Monday 28 June 2021 [pdf, 273 KB]

   ...Topic Number: EC4180_NoticeOfHearing LIST OF PARTIES TOPIC: Decision on the provisions and matters raised in submissions on Otago Regional Council Plan Change 7 (Water Permits) Lodgement: ENV-2020-CHC-000127 Otago Regional Council Initiator Otago Regional Council Michelle Mehlhopt, Wynn Williams & Co - Christchurch, P O Box 4341, DX WX11179, Christchurch Initiator Otago Regional Council Philip M

5. [2017] EmpC 154 Sawyer v Victoria University [pdf, 330 KB]

   ...substance of the communication in evidence. At that point an abuse of the privilege exists. The claimant cannot have the benefit of reliance upon the substance of the advice and still seek to shield that advice from disclosure to the other side. To permit this would give rise to unfairness in the required sense, in that the party’s conduct would be offensive to the trial process. [34] Having made those observations, Panckhurst J held that the material in the memorandum was not r...

6. [2018] NZEnvC 162 Doig v Marlborough District Council [pdf, 3.2 MB]

   ...appellant') undertaking a significant, unauthorised extension and upgrading works. Retrospective consent was then sought for the boatshed and jetty. The parties were able to reach an agreement but for the issue of whether the boatshed should be permitted to include a hand basin, toilet and shower (,sanitation facilities') . [3] On 1 May 2018 this court issued an interim decision allowing the appeal in part. This granted consent for the boatshed and jetty on the basis that it...

7. [2023] NZEmpC 188 Edwards v Laybuy Holdings Ltd [pdf, 245 KB]

   ...unconditional offer of employment by signing an employment agreement with Laybuy. He says in the alternative that even if the offer was conditional, he was still able to accept it so as to become a person intending to work. He notes that if employers are permitted to withdraw conditional offers, that undermines the object of the Employment Relations Act 2000 (the Act) in s 3(a)(ii), which is to address the inherent inequality of power in employment relationships. [6] Mr Edwards...

8. [2016] NZEmpC 60 Eden Group Ltd v Jackson [pdf, 178 KB]

   ...were, fraudulently charged to Eden Group. [32] This foregoing evidence, very much summarised, establishes the following. [33] There was activity on the parts of the first three respondents that, while still employed by Eden Group, went further than permitted in preparing to engage in business competition with the applicant. That evidence arguably supports the applicant’s contention that the three individual ex-employees breached their implied obligations to their employer whilst...

9. JK v SY LCRO 271/2013 (9 September 2016) [pdf, 76 KB]

   ...addressed the actions he took when drafting the statement of claim. Mr [JK] says that deceit could never properly be alleged at any stage of the proceedings because there has to be probative evidence of actual fraud, not a mere suspicion of fraud to permit an allegation of deceit to be properly pleaded. (b) As the proceedings continued it became apparent that there was no evidence to allege fraud. In particular: (i) Before Mr [SY] issued the proceedings, he was aware that the cont...

10. [2015] NZEmpC 225 Lumsden v Skycity Management Ltd [pdf, 206 KB]

    ...cannot because it refers to allegations that were resolved in the full and final settlement agreement. The argument appears to me to be circular. It is difficult to see how Mr Lumsden can pursue an action based on an asserted breach unless he is permitted to refer to the matters which he says were the subject of a broken settlement. Section 149(4) makes it plain that a person who breaches an agreed term 26 Roy v Board of Trustees...