Search Results

1. [2015] NZEmpC 28 Stevens v Hapag-Lloyd (NZ) Ltd [pdf, 307 KB]

   ...Stevens v Hapag-Lloyd (NZ) Ltd [2014] NZERA Auckland 1 [Authority costs determination]. functions and processes to assess the viability of off-shoring some of this work. It was clear that the proposal, if implemented, would likely have resource implications. Mr Carter made it plain that the review would be undertaken in a consultative and inclusive manner and that feedback was welcome. He emphasised that the intention was to retain staff within HL Ltd, as reflected in the...

2. [2020] NZEmpC 112 Mataura Valley Milk Ltd v Scott [pdf, 225 KB]

   ...authorised by Mataura Valley to do so or as was required by law. [9] Mataura Valley supplied Mr Scott with a laptop computer. It should have been returned when his employment ended but it was not. Sonia Morrison, the company’s Human Resources and Office Manager, explained that when an employee’s employment is terminated an exit interview is usually conducted during which the company’s property is returned and its IT provider would be asked to terminate the employ...

3. [2018] NZEmpC 32 Spillman v Tandem Skydiving 2002 Ltd t/a Taupo Tandem [pdf, 232 KB]

   ...Waikato Ltd v Elmsly [2004] 1 ERNZ 172, (2004) 17 PRNZ 16 (CA) at [53]. approach was reiterated by the Court of Appeal in Bluestar Print Group (NZ) Ltd v Mitchell where the Court said:10 It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. ... The importance of Calderbank offers is...

4. Lawson v Intended Defendant (Extension of Time to Commence Proceedings) [2023] NZHRRT 20 [pdf, 198 KB]

   ...Lawson seeking to commence this proceeding. [28] The Submissions allege that a lawyer did not file Miss Lawson’s claim or follow up complaints in 2010 with the Privacy Commissioner so that she had to “re-do claims and complaints (causing a lack of resource of documents to file). After this, the legislation changed (previously no six-month deadline to submit COI to HRRT)”. There are no details in relation to the allegation that a lawyer did not file the claim or follow up complaint...

5. [2015] NZSSAA 84 (13 November 2015) [pdf, 151 KB]

   ...the online account to enable this payment to be made. It appears from the bank statement in relation to her personal account that she also had a Bonus Bonds account. [54] The evidence shows that the appellant and Mr XXXX pooled their financial resources throughout the period 2003 to 2008. There can be no doubt that there was significant financial interdependence between them throughout the period 28 September 2003 to 11 May 2008. In the context of the Social Security Act 1964, financi...

6. Charleton - Parihaka X Trust (2005) 154 Aotea MB 45 (154 AOT 45) [pdf, 553 KB]

   ...resonate across the span of generations. In addition, the history of Maori-Crown relations is littered with numerous petitions, letters, reports and findings of comlnissions that underscore the seminal nature of communal custodianship of land and resources. From the pre-Treaty transactions examined by the Spain COlnmission to the land purchase practises involving large hui spearheaded by Donald ~v1cLean in the Heretaunga region in the 1850s up to the findings of Rees and other luminaries...

7. Auckland Standards Committee 1 v Hart [2012] NZLCDT 20 [pdf, 455 KB]

   ...him that payment for his work was subject to the LSA accepting his quote. I never told him that he would be paid within a month of invoice as set out in paragraph 3 of his affidavit.” [15] He went on to confirm that the client had no financial resources and therefore there was never any prospect of an alternative arrangement for payment having been made. [16] Because of Mr Hart’s non-attendance at the hearing he was not available for cross examination on this conflicting eviden...

8. Canterbury Earthquakes Insurance Tribunal: Further Decisions 29 March 2018 [pdf, 553 KB]

   ...action4 currently before the High Court. Class actions are relatively new in New Zealand. Although they can support judicial efficiency and access to justice (e.g. by allowing costs to be shared), they require a significant amount of time and resource. Further, the nature of insurance contracts means that, even if a shared issue is determined, individual cases still need to be settled separately in respect of the specific damaged property. We consider there is a risk that th...

9. LCRO 008/2016 VZ v NK (4 December 2018) [pdf, 212 KB]

   ...VZ, which she describes as “difficult”. [46] She continues: While I sympathise with Mr and Mrs VZ for the strange circumstances they have faced, for the amount involved in the transaction, my firm has applied an inordinate amount of time and resources, regrettably without success. In short, since August 2004 the firm has worked for Mr and Mrs VZ without charging any fees for the time spent attempting to recover their deposit funds or to progress the contract. [47] The Committee...

10. AR v VE LCRO 334/2012 (10 August 2015) [pdf, 114 KB]

    ...adjudication proceedings, to seek to persuade the court that a workable proposal can be structured which will provide some comfort to the creditor. It is a common backdrop to these negotiations that a debtor will seek time to marshal the necessary resources to enable a realistic proposal to be put before the court. [29] Underpinning the court and the creditors concerns when considering the viability of proposals on offer, is concern to ensure that offers of settlement are not bei...