Search Results

1. [2018] NZEmpC 132 Nicholson v Ford [pdf, 308 KB]

   ...imposing a penalty against the ‘last man standing’ (namely in circumstances where the company has gone into liquidation) would open the floodgates as Mr Hayes contends. He submitted that such a finding would expose lawyers, accountants, human resources officers, chief executives, and a raft of other people who had had some minor input into a flawed restructuring process, to a potential penalty. [12] The relevant legislative provision places constraints around the exercise of...

2. Boyce and Bates v The Real Estate Agents Authority [2017] NZREADT 40 [pdf, 151 KB]

   ...of way over the second respondents’ land. This advice was also contained in a letter from the second respondents’ solicitor to Ms Boyce, dated 1 May. Ms Boyce corrected the marketing photographs. The property was taken off the market while resource consent was obtained and titles issued for the subdivision. [6] In early November 2015, the second respondents applied to Land Information New Zealand (“LINZ”) to extinguish the right of way easement, on the grounds that as a...

3. Faulkner v Hoete - Motiti North C No 1 [2018] Māori Appellate Court MB 17 (2018 APPEAL 17) [pdf, 291 KB]

   ...District Plan but from their rights as owners. Does the Court have jurisdiction to grant an injunction to enforce the District Plan? [42] Mr Sharp contends planning disputes concerning Māori land should be left to the process provided in the Resource Management Act 1991. He submits enforcement is for the territorial authority or the Environment Court and Judge Clark exceeded his jurisdiction granting an injunction in this case. [43] We accept it is not the role of the Māori Land...

4. Wellington Standards Committee 2 v Collins [2022] NZLCDT 22 (30 June 2022) [pdf, 170 KB]

   ...her husband and stepdaughter and that her stepdaughter was now living there rent free. The property had a $170,000 first mortgage which she understood was in arrears and Mrs W was very stressed because she said she did not have the financial resources to maintain mortgage payments. (It later became apparent that there was a $200,000 life insurance policy owned by Mrs W on her husband’s life which was immediately claimable, but Mr Collins was not informed about this at the firs...

5. [2007] NZEmpC CC 7/07 Rooney Earthmoving Ltd v McTague and anor [pdf, 85 KB]

   ...not effected on each of the respondents until 3 and 15 January 2007. Decision [35] I do not discount the great concern felt by the three individual respondents to the proceeding that a substantial corporate entity with much greater financial resources at its disposal than they, has allowed them to believe that no further claims would be brought against them by it. However, that is often, if not always, the position in which defendants who are successful at first instance find thems...

6. [2009] NZEmpC WC 10/09 Terson Industries Ltd v Loder [pdf, 54 KB]

   ...reason given in the agreement for the fixed term was: …because the Account Manager role may need to change and the company wishes to be able to negotiate its requirement from scratch (including the make up of remuneration, nature of role and human resource requirements.3 [10] The Authority found, and I agree, that these reasons do not meet the requirements of s66 of the Employment Relations Act 2000 (“the Act”) which requires that the employer must have genuine reasons based o...

7. SE v VT, DJ and CM LCRO 163/2014 (11 March 2015) [pdf, 101 KB]

   ...to me his contact details so that I can talk to him”. [64] Ms BW responded to Mr SE that same day. She provides Mr SE with [Law Firm L] contact phone number and cautions that involving lawyers will inevitably result in a drain on the company resources: SE, speak to VT by all means, however is it not best that we all get together before we involve lawyers too much? – You know as well as anyone that once they get involved there will be nothing left of the money. All I have done at...

8. [2012] NZEmpC 29 Tourism Holdings Limited (trading as CI Munro) v Charlesworth [pdf, 138 KB]

   ...[2010] NZCA 385. 17 At [18] citing Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601. 18 At [19] and [20]. 19 [20] As this Court has previously said a “steely” approach is required. 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. Where defendants have acted reasonably i...

9. Regulatory Impact Statement: Improving security so that people feel safer in courts [pdf, 411 KB]

   ...meet this high standard. 42. The Ministry also considered and rejected the following options:  an increased Police presence in court buildings to deter disruptive behaviour and low level offending. This option is not viable because Police resources are focussed on work that is of higher priority for Police;  the retention of the status quo. Persuasion has proved to be insufficient to address disruptive behaviour. Proposal 2: Expanding CSOs’ statutory power to detain peop...

10. Gillard v CAC 20003 [2014] NZREADT 4 [pdf, 132 KB]

    ...complainants a copy of that former consent as well as a LIM report with details of restrictive covenants. Essentially, it seems that the land is zoned rural, and before a dwelling house could be built on it, there needed to be a new consent under the Resource Management Act. The restrictive covenants applied to aspects of building work permitted on the land and the type of land use. We understood that there could be no intensive farming activity, such as the raising of poultry or pigs....