Search Results

1. [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...

2. [2011] NZEmpC 3 Northland DHB and 20 Others v New Zealand Resident Doctors Association Inc [pdf, 188 KB]

   ...to ensure that it is the appropriate union, and not an interloper or busybody, which initiates bargaining. It is also to ensure that an employer or employers receiving such notices can be confident that they are properly given before committing resources to the bargaining process as is required by the statute on receipt of a notice initiating bargaining. [65] When Carisse de Beer, as an employee of CNS that was contracted to the defendant to do such things, signed the notices initia...

3. [2008] NZEmpC CC 8/08 Butcher V OCS Ltd [pdf, 80 KB]

   ...plaintiff who: -has habit of taking chances & trying a smoke in out of the way areas -does not guarantee he will not be caught again. [13] At the conclusion of the meeting Mr Miller and Clive Menkin, the defendant’s general manager of human resources, agreed that the decision to dismiss the plaintiff would be suspended to enable Mr Miller to present options apparently as an alternative to dismissal. On 4 November 2005 Mr Miller wrote to Mr Menkin expressing the view that...

4. [2006] NZEmpC CC 13/06 Angel & Anor v Fonterra Cooperative Group Ltd [pdf, 99 KB]

   ...trust and confidence is open to question. Neither man was stood down or suspended after the matter was raised. Throughout the investigation and disciplinary process they continued to work albeit under supervision and on the advice of the human resources department, although Fonterra knew from 18 November 2005 that the CCP had been compromised at least by Mr Angel. [96] I find that, while the potential consequences of the actions of the plaintiffs were an important part of Fon...

5. Tipene v Tipene - Motatau 2 Section 49A4F(2014) 85 Taitokerau MB 2 (85 TTK 2) [pdf, 173 KB]

   ...were being offered the opportunity to restore it and live in it because Gary’s father recognised their need at the time. What Tania and Gary would have reasonably expected nonetheless is security of tenure given their investment of time and resources to maintain and improve the house. It became their family home as envisaged by Gary’s father. They were still raising their children there when Gary died. [60] The implicit understanding appears to have been that in return for th...

6. Slinger v Zhou [2015] NZIACDT 38 (15 April 2015) [pdf, 242 KB]

   ...control and they will not trigger professional disciplinary consequences. The usual point of difficulty is what is controllable; proper control often requires that a professional person maintain effective control over 7 employees and resources within a practice. Regardless, there are occasions when professional persons are blameless victims of deception, or other circumstances, and that will not trigger professional disciplinary consequences. Ms Zhou’s working environment...

7. Reo v Reo - Whangaruru Whakaturia 1D9B1 (2015) 100 Taitokerau 156 (100 TTK 156) [pdf, 194 KB]

   ...operation development and utilisation of Lot 1, they would not be able to do so because of this encroachment which would have to be disclosed to any potential financier. Complications may also arise with respect to applications for building and resource consents. Estate planning options may be compromised and most certainly real difficulties would arise if the property were to be sold. [27] At paragraph 28 Mr Coutts submits that other options besides partition include the grantin...

8. Anderson - Te Raupo (2015) 99 Taitokerau MB 206 (99 TTK 206) [pdf, 263 KB]

   ...papakainga housing on the land. HNZ (as lender) and the Trust (as borrower and owner) were the signatories to the deed. Nine houses were to be built but apparently only two houses were ever built due to issues with the local council over access and resource consent. [7] In about 1997 difficulties were encountered with the papakainga scheme. Wilson and Keti were living in one of two houses built under the scheme. The reasons for the difficulties are not material to my decision....

9. 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...

10. Gisborne District Council v Hautapu – Tātarahake No 1 (2013) 27 Tairawhiti MB 295 (27 TRW 295) [pdf, 193 KB]

    ...that the report presented to this Court by Ms Girling- Butcher written by Mr Tony Wazel for the Waitangi Tribunal did not refer to the area as wāhi tapū. [38] He then considered cases where the Environment Court, acting under s 6(e) of the Resource Management Act 1991 (“the RMA”) has had to consider wāhi tapū issues. That Court’s approach is to (a) determine the meaning of the term in the context of the case, (b) assess the evidence, and (c) if it exists determine how to...