Search Results

1. Flight Senior – Waipapa 1D 2B 3B (2014) 316 Aotea MB 3 (316 AOT 3) [pdf, 264 KB]

   ...Rangi’s interests in Waipapa 1D2B3B block. [16] Counsel contended that the Court should take into account the fact that Mr Flight has spent an estimated $20,000 over the years on the dwelling, as well as consideration of his time, labour and resources. For these reasons therefore, Mr Flight says his claim in equity is superior to that of any other person claiming ownership. Respondents’ case [17] The trustees contended that the dwelling is a fixture, and as such there is a pres...

2. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

   ...project manager on a proposal they were pursuing. He had received a substantial fee. When the matter came to the notice of the employer the grievant was dismissed for possible misuse of confidential information, misuse of his employer’s time and resources, a conflict of interest between his two roles, the possibility of adverse comment and publicity for the employer, and a breach of his duties as a public servant. The code of conduct in that case contained an identical clause to...

3. Rihia v Te Runanganui o Ngati Hikairo - Lake Rotoaira Trust (2012) 287 Aotea MB 44 (287 AOT 44) [pdf, 248 KB]

   ...their views should be ignored. [38] As the Court of Appeal has recently underscored, this Court must fashion its processes to ensure the widest possible participation of owners, with my proviso that such objectives must also be guided by the resources available to the trust in question. 15 That Court also acknowledged that where appropriate, powers of attorney may also assist in ascertaining the extent to which nominees are broadly acceptable. As I have emphasised from the out...

4. [2011] NZEmpC 127 Bishop v Bennett [pdf, 162 KB]

   ...This judgment is being delivered long after the hearing. That delay, and the resulting inconvenience to the parties, is regrettable. The principal reason for the delay is the Christchurch earthquakes, which have impacted heavily on the Court’s resources and on my availability to devote the time necessary to complete this judgment. Costs [66] Costs are reserved. Unless there is some factor of which I am unaware, Ms Bennet is entitled to a reasonable contribution to the costs s...

5. [2018] NZEmpC 4 Ioan v Scott Technology NZ Ltd t/a Rocklabs [pdf, 340 KB]

   ...some work, and what he saw as shifting timeframes. Rocklabs considers termination under the trial period [19] It was around this time that the engineering manager started discussing with other management and with the company’s human resources advisor the issues that were being seen with Mr Ioan. The engineering manager felt he was in a difficult position, but the view he reached, and supported by his colleagues, was that he should consider terminating Mr Ioan’s empl...

6. [2011] NZEmpC 160 Angus & McKean v Ports of Auckland Ltd [pdf, 154 KB]

   ...a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. (3) In applying the test in subsection (2), the Authority or the court must consider— (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employer...

7. Huata-Kupa v Tataraakina C -Tataraakina C Trust (2015) 40 Tākitimu MB 207 (40 TKT 207) [pdf, 244 KB]

   ...final settlement of the matter and allow the parties to move forward, in line with the objectives of Te Ture Whenua Māori Act 1993. If the Court was to refuse funding, Mr Kupa argued that Mrs Huata-Kupa would be forced to proceed without the resources to seek natural justice from the Court. [8] The initial estimate filed was for a special aid grant of $19,310.00, which Mr Kupa submitted was reasonable for a matter of this complexity. Invoices have subsequently been filed in the a...

8. [2019] NZEmpC 31 Talbot Agriculture Ltd v Wate [pdf, 495 KB]

   ...occurred. [48] In applying subs (2), section 103A(3) requires the Court to consider a number of factors. They are: (3) In applying the test in subsection (2), the Authority or the court must consider— (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employer had...

9. Waters v Alpine Energy Ltd (Discovery) [2014] NZHRRT 8 [pdf, 97 KB]

   ...the company would nevertheless have on record that applicant’s CV, work experience and the like. So while the original documentation may have been destroyed, the information (or much of it) would have been transferred into Alpine Energy’s human resources files. He submits it would be unusual were the company not to hold, for the successful applicant, that person’s CV, employment history, list of qualifications and experience and other information relating to the applicant being re...

10. [2007] NZEmpC AC 52/07 General Distributors Ltd v National Distribution Union [pdf, 91 KB]

    ...transferred to Foodtown Manukau on 16 July 2007. The remaining Manurewa employees working in online shopper roles, with the exception of 3 employees, transferred to Foodtown Sylvia Park on 23 July 2007. [10] Aston Moss, the General Manager Human Resources, employed by Progressive Enterprises Limited, the parent company of the plaintiff, gave evidence that in addition to the online shopping business that is being transferred, the plaintiff intends to transfer the remainder of the...