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1. Wilson - Waiwakaiho H2B (2012) 288 Aotea MB 63 (288 AOT 63) [pdf, 187 KB]

   ...3 Hammond - Whangawehi 1B3H1 (2007) 34 Gisborne Appellate MB 185 (34 APGS 185) 4 Regeling - Orokawa 3B (2009) 7 Taitokerau Appellate MB 131 (7 APWH 131) 5 Whaanga v Niania – Anewa block (2011) 2011 Maori Appellate Court MB 428 (2011 APPEAL 428) 288 Aotea MB 67 [19] Third, the Court is to exercise its general discretion mindful that it may refuse to exercise that discretion if it would not achieve the principal purpose of Part 14 of the Act: section 287(2). The p...

2. Auckland Standards Committee 2 v Burton [2023] NZLCDT 23 (26 May 2023) [pdf, 98 KB]

   ...“non-compliance with disciplinary orders is generally a significant matter”, citing Parlane 1 and Hart.2 [13] Mr Schwarcz referred us to three cases where orders had been breached and suspension imposed as a consequence.3 In the Hong matter, on appeal a suspension of four months was imposed (reducing the Tribunal ordered suspension of 10 months). In Kennelly, two months suspension was imposed on a practitioner with a number of previous disciplinary findings against him. In Na...

3. [2018] NZEmpC 101 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc [pdf, 322 KB]

   ...payment for rest breaks under s 69ZD of the Act, in either of its manifestations, may be incorporated within piece work rates. [16] As was observed by Chief Judge Inglis in the decision to remove the proceedings to this Court, the Court of Appeal’s recent judgment in Lean Meats Oamaru Ltd v New Zealand Meat Workers and Related Trades Union Inc did not address this issue;11 and the Employment Court judgment touched on it but did not decide the point.12 It remains for resolutio...

4. Jenkins v Matauri X Incorporation - Matauri X Incorporation (2005) 101 Whangārei MB 100 (101 WH 100) [pdf, 4.8 MB]

   ...2004 to which Ihe Regislrar's report of 11 February 2004 had been presenled, as direcled by Ihe Court on 3 December 2003. He also reported Ihat Ihe High Court had upheld Ihe validily of Bridgecorp's mortgage. He had instrucled counsel 10 appeallhal decision in Ihe Court of Appeal. Final submissions were received from the parties, shareholders and members of the Commillee of Management. Mr Henry was direcled 10 file his final report by Ihe end of April 2004. This was received o...

5. CAC303 v Patricia Kerr [2015] NZREADT 33 [pdf, 130 KB]

   ...courtroom at Thames on 25 March 2015. We contemplate issuing a decision on penalty soon after the said deadlines for submissions on penalty. 6 [33] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member ______________________________...

6. [2009] NZEmpC AC 24/09 Turners and Growers Ltd v Marshall [pdf, 26 KB]

   ...[3] After hearing counsel in support of the application, I decided that one of the essential statutory ingredients for granting such an order was not established on the evidence. Because, however, the plaintiff should have opportunities to both appeal against that refusal and to apply without notice for other injunctive orders, I prohibit publication of this judgment beyond the plaintiff and its solicitors and counsel for the period of 7 days from today’s date or such further perio...

7. [2018] NZEmpC 53 Ahuja v A Labour Inspector, Ministry of Business, Innovation and Employment [pdf, 280 KB]

   ...awarded against Chirag Ahuja. [18] In deciding on costs in this case, I am cognisant of the recent decision of the High Court in the Commissioner of Inland Revenue v New Orleans Hotel (2011) Ltd.9 That decision, only recently issued, may yet go on appeal. However, in view of the outcome in this case, the issue of whether the Labour Inspector incurred costs in using in-house Ministry counsel does not arise. [19] I emphasise that the stand on costs in this case is taken because...

8. E v S [2017] NZIACDT 2 (13 March 2017) [pdf, 105 KB]

   ...submissions. In his view, the situation was one where there was little that he could likely achieve, and a brief identification of the circumstances was the best approach in this case. A reiteration of matters already on record would not assist, so a brief appeal on the strongest grounds was most likely to be successful. Evaluation of the circumstances [17] The adviser quite frankly accepted that ideally he might have lodged the request sooner; he was not convinced that there was anyt...

9. Muru v Maungatautari Ecological Island Trust - Wani Wani 1 Block (2016) 131 Waikato Maniapoto MB 77 (131 WMN 77) [pdf, 204 KB]

   ...occasions. 2 [12] In the recent decision Stockman v Lee – George Stockman Family Trust, 3 the Court referred to the specific jurisdiction in the High Court Rules regarding costs of discontinued proceedings, and the approach of the Court of Appeal in Kroma Colour Prints Ltd v Tridonicatco NZ Ltd and Earthquake Commission v Whiting. 4 Those authorities confirm that the Court retains discretion on all costs matters and costs will follow the event even when a notice of discontinua...

10. [2010] NZEmpC 48 DAS Transport Ltd v Kirkwood [pdf, 26 KB]

    ...intention to challenge is minimal. [19] There is no prejudice to Mr Kirkwood arising from the period between the expiry of the 28 days and the bringing to his notice of the intention to challenge. Although, as with most litigants who learn of an appeal brought right at the end of the period within which it may be by right and asserting prejudice by reason of delay of finality, Mr Kirkwood cannot in truth be said to have been prejudiced by the short delay, at least in a way that can...