Search Results

1. [2013] NZEmpC 150 McConnell v Board of Trustees of Mt Roskill Grammar School [pdf, 155 KB]

   ...investigation to conclude and the Authority to issue its (final) determination before having an opportunity to right the Authority’s perceived wrong. Such an approach will involve delay and the expenditure of sometimes precious and limited resources on concluding the Authority’s investigation. If the Authority has erred in the course of its investigation, why should the error not be put right by a discrete challenge so that the Authority can continue to determine the employme...

2. Boon v Tuwhangai - Kawhia U2B Block [2020] Chief Judges MB 1084 (2020 CJ 1084) [pdf, 309 KB]

   ...is usually by married couples, however, the relationship between the parties was not close enough to warrant the land being held as joint tenants. [33] The applicant also noted that both parties paid equally for the shares in land from their own resources. Accordingly, the original agreement put together by their solicitor, Mr Thomson, for the shares to be held as tenants in common truly reflected the manner in which they should hold the shares. Further, Mrs Ormsby had no knowledge...

3. GA & BD v X SC LCRO 186/2013 (5 May 2014) [pdf, 154 KB]

   ...matters to the LCDT. The Court said that:17 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases. influenced by t...

4. [2007] NZEmpC WC 12B/07 Credit Consultants Debt Services NZ Ltd v Wilson & Anor [pdf, 108 KB]

   ...Wilson said that in his initial discussions with Mr Harrison he raised the issue of the restraint of trade clause in his contract with Credit Consultants. He told Mr Harrison that his role had been made redundant and that after talking to human resources practitioners the fact that he had been made redundant probably meant that the restraint of trade did not have any effect. He took no legal advice on this and did not show the HR practitioners his restraint clause. [37] It is comm...

5. [2010] NZEmpC 11 NZ PSA v Secretary for Justice [pdf, 77 KB]

   ...the circumstances of the union and the employer. (4) For the purposes of subsection (3)(d), circumstances, in relation to a union and an employer, include— (a) the operational environment of the union and the employer; and (b) the resources available to the union and the employer. (5) This section does not limit the application of the duty of good faith in section 4 in relation to bargaining for a collective agreement. [23] Section 33 is also pertinent: 33 Duty of go...

6. Wu v CAC 20005 & Li [2013] NZREADT 79 [pdf, 79 KB]

   ...front of Ms Wu’s property would be blocking most of her view. 3 [10] Mr Clark also told the Committee that he went to great lengths to ensure that any purchaser was fully informed because, he said, there would have been problems with his resource consent if this condition had not been included. [11] The licensee told the Committee that the complainant visited the property on three or four different occasions prior to purchasing it. He said he provided her with all relevant...

7. LCRO 125/2019 AB v CD and EF (3 June 2021) [pdf, 238 KB]

   ...response [29] In her response to the complaint Ms CD drew attention to the concluding paragraph of the Minute issued by His Honour [XX] J:18 I warmly congratulate the parties and their diligent counsel for resolving this long- running, corrosive and resource-consuming litigation. The experience of this Court is that settlements reached between family parties are ultimately greatly preferable to those imposed by any Judge. I am … cognisant of the very significant difficulties which...

8. [2012] NZEmpC 51 New Zealand Cards Ltd v Ramsay [pdf, 130 KB]

   ...Beresford’s submissions were made orally and were difficult to discern. Considerable time was required to review what he had said and identify the case for the Company. [74] The Christchurch earthquakes have impacted heavily on the Court‘s resources and my availability to devote the necessary time to completing this judgment. Conclusions In summary, my judgment is: (a) Mr Ramsay was unjustifiably dismissed. (b) NZ Cards Limited is to pay Mr Ramsay $2,880 as reimbursement...

9. [2018] NZEmpC 37 Edminstin v Sanford Ltd [pdf, 396 KB]

   ...the significance of the marks to Mr Edminstin. They represent the accumulation of knowledge gained during his working life in the Bluff oyster industry. In that situation, the inevitability, and reasonableness, of him having applied significant resources to securing the return of his property was said to justify an uplift. [23] An aggravation feature assisting in justifying an uplift was a claim that Sanford had breached the settlement agreement. [24] For comparative purposes,...

10. Whariki Haumaru Full Report [pdf, 805 KB]

    ...were able to influence people who police have found difficult to reach: “One of the people contacted by Josie has an extensive criminal history with police and in the past has evaded police at every opportunity, which resulted in many police resources being utilised to apprehend him. When contacted he advised Josie that he would head into the Napier courts to sort his warrant out. On checking this morning, this person made a voluntary appearance yesterday arvo as per his agreement w...