Search Results

1. SD v AE & BE LCRO 229/2013 (21 August 2014) [pdf, 67 KB]

   ...reasons were: (i) Lack of confidence in the prospect of being able to recover. (ii) A desire to avoid being embroiled in further disputes with Mrs SD. (iii) A practical decision to ‘cut their losses’; rather than expend further time and resources pursuing the outstanding fees. [41] The E’s decision not to pursue the fees is of course a matter for them. I do record however that I had formed the view that the reasons advanced by the Es for adopting what, on its face, pres...

2. [2006] NZEmpC WC 12/06 AFFCO NZ Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 65 KB]

   ...1 Horn (Labour Inspector) v Greenlea Premier Meats Ltd unreported, Shaw J, 7 May 2002, AC 25/02 4 would never get their indicative rates. Union officials raised this issue with him in March 2004. [17] Mr Cox, human resources manager for AFFCO, said that there was a very long established custom and practice for lamb cutters to be paid by the piece rate system which was always an all inclusive rate and quite separate from other distinct operations at Imlay.

3. Hettig v ANZ Bank of New Zealand Ltd - Lot 1 Deposited Plan 158328, CT NA95A/121 (2014) 93 Taitokerau MB 238 (93 TTK 238) [pdf, 220 KB]

   ...“the balance of the risk of doing an injustice”. 21 20 Wellington International Airport Ltd v Air New Zealand Ltd HC Wellington CIV-2007-485-1756, 30 July 2008. 21 Cayne v Global Natural Resources plc [1984] 1 All ER 225. http://www.brookersonline.co.nz/databases/modus/lawpart/statutes/link?id=CASE%7eNZ%7eNAT%7eHC%7e2008%7e56884&si=57359&sid=b0dbl5pclgk5qvn1kwrxn7cxaew31k2b&hli=1&sp=bcase 93 Taitokerau MB 250...

4. [2021] NZEmpC 113 Waitoa v The Chief Executive of the Ministry of Social Development [pdf, 231 KB]

   ...relation to any decisions to be made regarding Mrs Waitoa arising out of the sit-in. The Manager Operational Support, Residential and High Needs was tasked to undertake an investigation of the sit-in incident with the support of MSD’s human resources. Usually it would be the Residence Manager (in this case Mr Kuiti) who would conduct the disciplinary investigation, but as he was involved, it was not appropriate for him to do so. Mrs Waitoa was represented by the PSA during the...

5. Harvey v Accident Compensation Corporation [2015] NZACA 9 [pdf, 241 KB]

   ...be submitted to the High Court, by reason of its general or public importance or for any other reason. Questions of fact could meet this criterion. [27] In exercising its discretion, the Authority is mindful of the proper use of the scarce resources of the High Court. Leave is not given as a matter of course. It is for the applicant to show that the interests of justice require that leave be given (Kenyon v Accident Compensation Corporation [2002] NZAR 385 (HC) at [15], O’N...

6. [2017] NZEmpC 159 Stormont v Peddle Thorp Aitken Ltd [pdf, 328 KB]

   ...The Court of Appeal’s judgment in Bluestar Print Group is generally regarded as the leading authority on the impact of settlement offers in this jurisdiction. There the Court observed that:11 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 in...

7. Director of Human Rights Proceedings v Commissioner of Police (Discovery) [2020] NZHRRT 32 [pdf, 202 KB]

   ...of irrelevant items have been 5 returned, making the search not reliable. Each email would have to be manually processed, that is read individually, to determine whether there is a potential relevance to the present case. This would be a resource intensive undertaking owing to the seniority of the three employees. One is currently the Acting Assistant Commissioner and one is District Commander for Central. Because of their seniority only certain people with the required securi...

8. Waitangi Tribunal Hearing Calendar (15 April 2019) [pdf, 464 KB]

   ...Burke, C; Miller, S & Woodley, S 2 Wai 814/Wai 1489 Mangatū Remedies - Panel Members: Judge Milroy; Roa, T; Castle, T; & Parsonson, A Staff: Morgan, J; Siameja, N; Boxall, B & Small, F 3 Wai 2358 - The National Fresh Water and Geothermal Resources – Panel: Chief Judge Isaac; Crosby, R; Anderson, R; Phillipson, G; & Temara, P / Staff: Cameron, J; Vaafusuaga, T; Moko-Mead, H; & Burke, C 4 Wai 2522 - The Trans-Pacific Partnership Agreement – Panel Members: Judge Doogan;...

9. Brown v TPL 4 Limited - Motatau 1B5B5 (2017) 158 Taitokerau MB 88 (158 TTK 88) [pdf, 208 KB]

   ...Ahi Forests (Ngāti Hine) Limited, as lessee. Those lessee companies later became part of the Carter Holt Harvey Group (“CHH”). [5] In 2006, CHH sold $1.24 billion of nationwide forestry assets to entities associated with Hancock Natural Resources Group (“HNRG”). This sale included shares in the lessee company under this lease. The sale was widely publicised and notice was given to the 1 Application A20160006308. 2 Ap...

10. Kupenga - Waitakaro B Māori Reservation (2006) 72 Ruatoria MB 184 (72 RUA 184) [pdf, 891 KB]

    ...Registrar for the delay as the one-month timeframe would have been met had the file been referred as soon as the minutes had been signed off. Findings of Fact [35] The Court is satisfied that subject to Gisborne District Council building and resource consent procedures, it is a site suitable for residential purposes. I find this way because both Mrs Walker and Mrs Merekaraka Ngarimu (nee Rangi) explained that when they were young there were dwellings on the block around the meeting...