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1. McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57 (21 TTK 57) [pdf, 194 KB]

   ...present but it and the other cases cited by Mr Alderslade point the direction that the Court should take: Forester v Newlands (West Griqualand) Diamond Mines Ltd (1902) 18 TLR 497; Oliver v Dalgleish [1963] A11 ER 330; ANZ Nominees Ltd v Allied Resources Corporation Ltd (1984) 2 ACLC 783 and Clifton v Mount Morgan Ltd (1940) 40 SR (NSW) 31. [54] Accordingly, the irregularity in Mr Shortland moving the resolution is not fatal to the call for a poll vote. [55] But, more to the point...

2. [2016] NZEmpC 50 NZ Nurses Org & Anor v Waikato District Health Board [pdf, 249 KB]

   ...category of dates "1987 - 1996" listed by the Authority and reproduced in [9] above, but the description of her employment during that actual period needs expanding upon. [34] Evidence was given on behalf of WDHB by a long-serving Human Resources Consultant, Ms Julie Gledhill. Ms Gledhill has been employed by WDHB since 1981. Her evidence, which I accept, was that as from June 1990, Ms Panettiere, who had been working with WDHB's predecessor, was on parental leave w...

3. Implementation for Drivers of Crime investment package for alcohol and other drug assessments and interventions [pdf, 221 KB]

   ...Improving the Transition report, May 2011, states: “a key challenge is to ensure that all programmes are appropriately monitored to ensure they are effective and cost effective within the New Zealand context, allowing better use of scarce public resources” [Office of the Prime Minister’s Science Advisory Committee. May 2011. Improving the Transition; Reducing Social and Psychological Morbidity during Adolescence. Auckland: Office of the Prime Minister’s Science Advisory Committee...

4. Reid v Fire Services and Crown Law (Recall Application) [2012] NZHRRT 27 [pdf, 95 KB]

   ...was filed. In an email to the Secretariat of the Tribunal dated 23 April 2012 Mr Reid explained why: 4 Also it may assist the Tribunal to know that the appeal for which the Court of Appeal granted leave was not pursued because of my limited resources and because, at best, the appeal would have confirmed the current legal position that the Tribunal was bound by the Blank and Snorkel decisions. [15] We do not accept that “the current legal position” is as claimed by Mr Reid. W...

5. CAC20005 v Peng [2015] NZREADT 4 [pdf, 227 KB]

   ...Earl submits that this is a clear breach of her duty to act in accordance with her instructions and in the vendor’s best interest and licensees clearly have such obligations as has been discussed in the case Lac Minerals v International Corona Resource [1989] 61 DLR (4th) 14 at 36-37: “the ... facts giving rise to an obligation of confidence are also of considerable importance in the creation of a fiduciary obligation. If information is imparted in circumstances of confidence, and i...

6. [2013] NZEmpC 238 AsiaCiti Trust NZ Ltd v Harris [pdf, 159 KB]

   ...authority on trusts in New Zealand. [28] Ms Willis referred to contact Ms Harris had with apparent senior employees of the five key trust clients of Asiaciti. Mention was also made of the presentations Ms Harris had prepared using Asiaciti’s resources. The fear was that she would consider continuing work with these clients after leaving her employment with Asiaciti. Both Ms Harris and also Ms Meha, however, put this into a different context when they considered the line of au...

7. [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...

8. Complaints Assessment Committee 414 v Deepak Goyal [2017] NZREADT 58 [pdf, 235 KB]

   ...cross-examination that he had a more active involvement in the development. He and Mr Goyal attended meetings with Mr Ragunathan, and he frequently telephoned Mr Ragunathan to discuss the development. Further, he signed the applications for resource consent. [17] Nor do we accept Mr Goyal’s evidence that he had no interest in the development until shortly before the sale of Number 11 was about to be settled. He lent money to Mr Grewal so that he could pay the deposits on th...

9. [2017] NZEmpC 157 Johnston v The Fletcher Construction Co Ltd [pdf, 375 KB]

   ...bundles of documents, and the preparation and filing of written submissions) which will inevitably be replicated if the matter proceeds to an adversarial hearing in the Court. Litigants have an interest in where their (generally limited) financial resources are applied. This factor seems to me to have particular relevance in the context of a statutory scheme which provides for de novo challenges, conferring on dissatisfied parties the right to start from scratch again in the Court...

10. [2018] NZEmpC 20 Smith v Director General of the Ministry for Primary Industries [pdf, 282 KB]

    ...depression for a long time, perhaps for the previous 15 to 20 years. He attributed this illness to work pressure exacerbated by an absence of mentoring and a lack of adequate training. He said MPI’s New Plymouth office was understaffed and under-resourced. [21] However, candidly, Mr Smith did not make excuses for his part of the incident. He stated there were reasons behind the incident; a combination of being depressed through work and drinking alcohol while taking medication. A...