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1. [2008] NZEmpC AC 11/08 Shakes & Anor v Norske Skog Tasman Ltd [pdf, 54 KB]

   ...employee deprived improperly of a day’s annual holiday to be paid a day’s wages in compensation. Proper compensation would be the provision of an alternate holiday. [24] How that is achieved is, as with the decision on the first ground of appeal, obvious in this case as Mr McIlraith conceded realistically. Where the wrongful deprivation of an entitlement to an annual holiday is an unjustified personal grievance, the statutory remedies for grievances will encompass this situati...

2. [2015] NZEmpC 158 Sealord Group Ltd v Pickering [pdf, 123 KB]

   ...Sealord made two Calderbank offers dated 27 August 2014 and 9 September 2014 respectively. Mr Kiely submitted that in neither case did the remedies awarded to Mr Pickering exceed the amount offered to settle. Mr Kiely noted that while the Court of Appeal had concluded that the normal effect of a successful Calderbank offer was to reverse the costs position, it was Sealord’s submission in the present case that no order should be made in relation to costs...

3. Perkinson v CAC 10040 & Cooper & Le Mac [2011] NZREADT 32 [pdf, 116 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL Decision No: [2011] NZREADT 32 Reference No: READT 010/11 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN MARTIN PERKINSON AND ANNE PERKINSON Appellants AND COMPLAINTS ASSESSMENT COMMITTEE (CAC 10040) First respondent AND MARTIN COOPER AND CAROLYNN LE MAC Second respondents MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms J Robson - Me...

4. Ngatai - Tokata B8 Trustees (2015) 50 Tairawhiti MB 175 (50 TRW 175) [pdf, 218 KB]

   ...the owners, then that is a matter for the owners to address at an AGM. Section 222 can be fully considered at the time of the appointment of any new trustee. The time to have made an issue of the appointment of the current trustees was in 2011 by appealing to the Māori Appellate Court. It is well beyond the appeal period now. Section 238 cannot be used to unsettle those appointments. Thus the Second Cause of Action must fail. Order [36] The application is dismissed. The Registrar i...

5. Baker - Part Lot 1 DP 13787 (formerly Pt Tarawera 5A) (2015) 41 Tākitimu MB 281 (41 TKT 281) [pdf, 256 KB]

   ...title, estate, or interest 8 The Proprietors of Mangakino Township v Maori Land Court CA65/99, 16 June 1999 41 Tākitimu MB 286 [20] In Attorney General v Māori Land Court the Court of Appeal considered the jurisdiction of this Court: 9 Section 17 … states in subs (1) the primary objective of the Maori Land Court and reinforces the preamble - to promote and assist in the retention of Maori land and General land owned b...

6. [2013] NZEmpC 210 MAS Zengrange (NZ) Ltd v HDT Ltd [pdf, 138 KB]

   ...direction requiring someone to produce documents to it. 6 [2013] NZEmpC 150. 7 [2006] ERNZ 221. 8 [2005] ERNZ 471. That judgment is currently the subject of an application for leave to appeal although I do not understand the particular point at issue in this case to be the subject of the intended appeal. That judgment is Aarts v Barnardos New Zealand. 9 In that case the Authority refused to issue a summons to the Commi...

7. EA v WSC2 LCRO 11 / 2011 (24 June 2011) [pdf, 124 KB]

   ...conduct of a kind specified in section 130(c) of the Lawyers and Conveyancers Act 2006 and hereby causes an investigation to be made into this matter. [5] The matters into which the Standards Committee had decided to inquire were the subject of appeal to the High Court, and the Standards Committee decided to await the outcome of the appeal before proceeding with its own motion investigation. [6] On 17 August 2010, the Complaints Service wrote to the Applicant in the following terms:...

8. Denbighshire v Galashiels LCRO 218 / 2009 (26 February 2010) [pdf, 93 KB]

   ...litigant of me personally in the High Court. [35] I do not understand this to be the case. Mr Denbighshire’s proceedings quite correctly name the Legal Complaints Review Officer as the respondent to his judicial review application. He is in effect appealing the costs aspect of the earlier decision. In this sense being the subject of judicial review is a usual incident of issuing decisions which are otherwise unappealable. I also observe that the judicial review application argues...

9. Sandy v Khan LCRO 181 / 2009 (25 December 2009) - Decision on orders [pdf, 112 KB]

   ...provides that an order for compensation may be made where it appears that any person has suffered loss by reason of any act or omission of a lawyer. This issue therefore is whether general damages represent compensation for loss or not. The Court of Appeal has recognised that such distress damages are compensatory in nature: Paper Reclaim Ltd v Aotearoa International Ltd [2006] 3 NZLR 188 (CA) at para 171. One commentator has noted “it is now more widely accepted that, where sig...

10. Broadman - Waimarama 3A 4B Sec 5 (2018) 66 Tākitimu MB 207 (66 TKT 207) [pdf, 332 KB]

    ...risk to the assets of the trust or a serious allegation requiring intervention.11 [24] A review of trust will therefore often require consideration of a trust’s performance and the competence of its trustees.12 In Rameka v Hall the Court of Appeal referred to the general responsibilities of trustees set out in s 223 of the Act, which include carrying out the terms of the trust, the proper administration and management of the business of the trust, the