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1. Wickliffe v Pearce - Paengaroa North B4B and K Aggregated (2005) 289 Rotorua MB 236 (289 ROT 236) [pdf, 5.9 MB]

   ...Act 1956 enabling the Court to grant relief in such situations, that relief is not li ghtly given: in re: Tal/hara Middle 4A2B2 C-Opepe Farm Trl/st (1996) 68 Taupo MB 27. In that decision Judge P J Savage was clitical of trustees who had used trust resources incorrectly even though they had relied on advice. Hc also said that in such cases tmstees have the responsibil ity of establi shing that they have acted honestly and reasonably. Judge Savage then emphasised that trustees in such circ...

2. ENVC Hearing 6Oct14 WML reply Mark Appeldoorn final [pdf, 717 KB]

   Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Rebuttal of Mark John Apeldoorn on behalf of Waiheke Marinas Ltd Dated 23 September 2014 Richard B...

3. [2023] NZEmpC 221 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 1 MB]

   ...duties breached and, if so, when? Health and safety breaches Workload issues Training and professional development issues Managing and monitoring stress levels Failure to provide time off and cover during absence Adequacy of supervision and resourcing Alleged bullying Issues with BJ Causation Conclusion for the breach of contract claims [5] [9] [25] [29] [31] [47] [81] [89] [91] [97] [98] [99] [103] [108] [109] [111] Liability: persona...

4. BORA - Abortion Legislation Bill: Crown Law's advice [pdf, 220 KB]

   ...part of a small team outside Hastings Hospital abortion clinic, that helped 32 women choose to continue their pregnancies”: Voice for Life New Zealand “Media” (https://voiceforlife.org.nz/who-we-are/media/, accessed 17 July 2019). The Life Resources Charitable Trust says that free-standing abortion clinics in Auckland and Wellington were targeted by sidewalk counsellors in the 1970s and 1980s: Life Resources Charitable Trust “Coercion and Abortion” (http://www.life.org.nz/abort...

5. [2013] NZEmpC 31 Turner v Talley’s Group Limited [pdf, 196 KB]

   ...from the blue for Talley’s: it was the logical successor to Mrs Turner’s earlier expressions of dissatisfaction about her loss of work. [78] Talley’s is a relatively large-scale operation with commensurate human relations and employment resources. It responded to Ms Sharma formally and after due consideration through its experienced Personnel Manager, Mr Cox. Mr Cox’s reply was by letter to Ms Sharma dated 8 November 2011. It addressed the grievance in some detail albeit...

6. Brown - Kairakau 2C5B (2002) 167 Napier MB 139 (167 NA 139) [pdf, 857 KB]

   ...of Part Kairakau 2C5B. On balance therefore, the situation is that while the minority owners have not paid their share of rates on lime at various point in lime since 1992, that situation appears now to have been remedied. Building activities lack resource consent The other aspect of co-ownership that has concerned the Browns is that the minority owners have erected various structures on Lot 2 without obtaining resource consents. The structures in question are an ablution block, a septi...

7. [2015] NZEmpC 135 Fagotti v Acme & Co Ltd [pdf, 402 KB]

   ...appropriate notional daily rate, currently set at $3,500) that the Authority is not intended to be an overly legalistic or costly forum. This ought, in ordinary circumstances, to reduce the amount parties may reasonably be expected to expend on legal resources. While it is each party’s right to instruct counsel and (if they do) to instruct counsel of their choosing, and to apply significant legal resources to the pursuit or the defence of a claim in the Authority at first instance...

8. [2018] NZEmpC 77 Jones v Downer NZ Ltd [pdf, 482 KB]

   ...dates; and (e) failing to carry out work issued to him in a reasonable and timely manner. [36] The disciplinary meeting was held on 23 June 2016. 23 June 2016 meeting [37] The attendees at this meeting were Mr Dawson, Mr Gray, a human resources manager, Mr Jones and his representative. Before reaching any conclusions, Mr Gray decided not to proceed with a disciplinary investigation and, instead, to attempt to make the employment relationship functional. He ended the mee...

9. Top Energy Ltd - Whakataha Z1C (2015) 104 Taitokerau MB 108 (104 TTK 108) [pdf, 243 KB]

   ...(“PWA”) process is a relevant factor. [73] As I understand Mr Mathias’ explanation, TEL can utilise the powers under Part 2 of the PWA to acquire land and interests in land for public works. Under s 186(1) of the 104 Taitokerau MB 125 Resource Management Act 1991 (“RMA”), a network utility operator such as TEL is a requiring authority, and can apply to the Minister of Lands to have land taken under Part 2 of the PWA. That has in fact already taken place in relat...

10. [2016] NZEmpC 2 Northern Amalgamated Workers Union of NZ v Golden Bay Cement [pdf, 205 KB]

    ...income plan but Golden Bay's evidence was that the stable income plan was not linked to or dependent in any way on cl 24 of the collective agreement. Evidence in this regard was given on behalf of Golden Bay by the Company's former Human Resources (HR) Manager, Mr Alexander Gellatly. Mr Gellatly had been the HR Manager for Golden Bay between 1987 and 1989. He was then employed by Fletcher Construction from 1989 to 1994 and between 1994 and 2000 he provided consultancy s...