Search Results

1. [2010] NZEmpC 79 Silver Fern Farms Ltd v North [pdf, 50 KB]

   ...Act]. The personal grievance described by him in the 12 July 2006 letter concerns Mr North’s rehabilitation rights and the company’s rehabilitation obligations under the IPRC Act. The plaintiff submits that Mr North had rights of review or appeal about these matters under ss 6 and 68 of that legislation but chose not to exercise those rights except to the extent that he invoked the Corporation’s complaint procedure. Decision of challenge [30] The defendant submits that 14...

2. [2008] NZEmpC AC 47/08 Allright v Canon NZ Ltd [pdf, 48 KB]

   ...support of this concern, Mr Hood pointed to the fact, which was acknowledged by Mr Allright, that he had included confidential information in his original affidavit. I was also referred to the dictum of Lord Denning in the English Court of Appeal in Littlewoods Organisation Ltd v Harris [1978] 1 All ER 1026 at page 1038 where he said: … it is appropriate that a covenant, restricting an employee from full freedom of taking other employment when he leaves his existing empl...

3. Regulatory Impact Statement Parliamentary privilege bill [pdf, 302 KB]

   ...including whether  the  statute should specify the conduct which is liable to be penalised, the maximum penalty which may  be  imposed,  how  that  penalty may  be  enforced,  and whether  there  are  appropriate  review  or  appeal mechanisms.  Objectives and feasible options  89. The problem assumes  that  the status quo  leaves uncertainty over  the House’s ability  to  impose a  fine for contempt, and that this uncertainty i...

4. Cooper - Estate of Reihana Kopa (2016) 131 Taitokerau MB 285 (131 TTK 285) [pdf, 224 KB]

   ...confirms that Māori customary adoptions made after the introduction of the Native Land Act 1909 have no legal effect beyond the recognition afforded by Te Ture Whenua Māori Act 1993. 3.11 This position has been recently confirmed in two Court of Appeal decisions. In Whittaker v Māori Land Court of New Zealand [1997] NZFLR 707 the Court held that “successively there were periods when the parent/child relationship between (Meriana and Ngawini) was recognised by law (1892-1901)...

5. Property Ventures Limited v Parata - Ngarara West B3B (2006) 180 Aotea MB 15 (180 AOT 15) [pdf, 820 KB]

   ...Maori Land Court may in exercise of its powers and responsibilities refuse to confirm the alienation or to change the status of the land. " [15] Further refinements of this fundamental principle can be discerned from the the High and.Court of Appeal judgments, Edwards v Maori Land Court and Bruce v Edwards [2003] 1 NZLR 515. Ronald Young J considered the decision in Loma Cleave too restrictive given his view that the rights of the owners should not be entirely ignored. The Court...

6. NE v RL LCRO 88/2013 (27 February 2015) [pdf, 82 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review Hearing

7. [2015] NZEmpC 109 Wellington City Transport Limited t/a Go Wellington v NZ Tramways and Public Passenger Transport Employees Union [pdf, 142 KB]

   ...the principles of contractual interpretation applicable to the interpretation of collective employment agreements. Reference was made by both counsel to the recognised leading authorities on the issue. Of particular relevance was the Court of Appeal decision in Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc, 2 which was a case concerned with the correct approach by this Court to the interpretation of collective employment agreements. [12] The Co...

8. Justice Matters - issue 05 - December 2016 [pdf, 3 MB]

   ...difference to New Zealanders’ lives. Since 2013 there has been an overall reduction of 30% achieved in areas where the majority of New Zealanders interact with the court system, that is District Court category 1 criminal cases, High Court civil appeals, and the specialist courts and tribunals. We’ve improved our timeliness by focusing on clearing old cases first and improving the speed and quality of court administrative processes. It’s now time to take a new, modified a...

9. [2012] NZEmpC 84 New Zealand Educational Institute (Inc) v Secretary for Education [pdf, 159 KB]

   ...in some cases: generally, the Authority (and the Court) will allow parties the opportunity to comply non-coercively and, given the Secretary’s public role, it would be surprising if she did not accept the verdict of the Authority or otherwise on appeal or appeals therefrom. There is no suggestion of which I am aware that the Secretary would do otherwise. [52] If, as a result of this judgment, there is a perception that s 137 might be inadequate to enforce collective agreements in...

10. Watene v Maynard - Bob Watene Whānau Trust (2015) 43 Takitimu MB 185 (43 TKT 185) [pdf, 209 KB]

    ...requirement for unanimous owner or beneficiary support for the termination of a trust under s 241… 9 Larkins v Kaitaia – Waihou Hutoia D2A Block [2013] Māori Appellate Court MB 159 (2013 APPEAL 159) 10 Ibid at [22] to [23] http://www.lexisnexis.com/nz/legal/search/enhRunRemoteLink.do?ersKey=23_T22595021952&backKey=20_T22595021957&homeCsi=274497&A=0.27399979430275323&urlEnc=ISO-8859-1&&dpsi=0069&re...