Search Results

1. [2012] NZEmpC 187 Kilgour v Queens High School Board of Trustees [pdf, 133 KB]

   ...she referred me to a determination of the Authority in which such a conclusion had been reached. 3 In that determination, the member properly identified the leading authority on the point, Commissioner of Police v Hawkins 4 where the Court of Appeal said that, in considering whether an employer has impliedly consented to a personal grievance being raised out of time, the real issue is “… whether [the employer] so conducted himself that he can reasonably be considered to have...

2. Prajapati v Khetarpal [2016] NZIACDT 23 (3 May 2016) [pdf, 250 KB]

   ...[4.4] Compensation and costs of $4,450. [5] The Tribunal noted in the Khan matter; if it stood alone, rather than cancellation or suspension of her licence, training, without cancellation or suspension would have applied. [6] Ms Khetarpal has appealed to the District Court against both of the existing sanctions decisions, and applied to the High Court for judicial review of the decision upholding the complaint in the OJ matter. The respective courts have not made any decisions on the...

3. [2021] NZEmpC 59 Humphrey v Canterbury District Health Board [pdf, 242 KB]

   ...an employee on the basis of incompatibility. Whether the dismissal will be justified depends on whether what the employer did and how they did it was what a fair and reasonable employer could have done in all of the circumstances. The Court of Appeal has made it clear that a dismissal for incompatibility will only rarely be available.2 It is also worth noting at this point that Parliament has expressly provided that reinstatement is the primary remedy in circumstances where an em...

4. [2013] NZEmpC 226 Davis v Commissioner of Police [pdf, 129 KB]

   ...Kaeo Station was undermined by two supervisory officers which he said led to his declining the defendant’s proposal to do so. His letter appears to also complain about the consequence of the Authority’s determination, that he was considering appealing (challenging) that determination, and that he declined to pay a contribution to the Commissioner’s costs. [21] On 30 July 2010 Mr Davis wrote to Ms Pascoe, saying that the defendant had given him the option of either moving away...

5. Hettig v ANZ Bank of New Zealand Ltd - Lot 1 Deposited Plan 158328, CT NA95A/121 (2014) 93 Taitokerau MB 238 (93 TTK 238) [pdf, 220 KB]

   ...of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Mäori Trustee. (3) Any injunction made by...

6. Waaka - Succession to Hauriri Kere [2021] Chief Judge's MB 824 (2021 CJ 824) [pdf, 322 KB]

   ...250-267 (2021 CJ 250-267) 4 Ashwell - Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15] 5 Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at [61] 2021 Chief Judge’s MB 835 necessary in the interests of justice to correct its record. For this reason, s 45 applications must be accompanied by proof of the flaw identified, either through the production of evid...

7. BORA Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Bill [pdf, 276 KB]

   ...established to require that HNZ exercises its powers to require information in a way that protects individual privacy. For example, there is a requirement to consult with the Privacy Commissioner about the content of the code of conduct. 35. The Court of Appeal has said that the main aim of s 21 is to protect privacy interests: “It is only where a person’s reasonable expectations of privacy have been breached that a personal remedy under the Bill of Rights... is available. The reas...

8. Ward v Maccol Developments Ltd [pdf, 194 KB]

   ...Accordingly, the insuperable problem the Owners face is that unless a “reasonable discoverability test” could be held to apply to the accrual date, the Owners’ claim in contract is statute barred. [64] Mr Rooney submits that there is Court of Appeal authority to the effect that where the contractual duty is not to cause damage by negligence, which he further submitted was the case here, the cause of action accrues at the date of the damage (Day v Mead [1987] 2NZLR 443 at...

9. Sworn Affidavit of John Kyle [pdf, 3.7 MB]

   ...adverse environmental effects arising as a result of the Project's construction or operation. The application for resource consent to enable the proposed runway extension has been directly referred to the Environment Court. Following a Court of Appeal challenge by NZALPA regarding the suitable runway end safety area (RESA) length, Wellington International Airport Limited (WIAL) sought leave from the Environment Court to adjourn the hearing. Upon receiving the subsequent Supreme...

10. Te Whare Maire Trust - Lot 5 DP 8663 (2005) 87 Ōpōtiki MB 238 (87 OPO 238) [pdf, 3.9 MB]

    ...customary title was extinguished when the land was taken under the confiscation legislation. That decision was recently reaffirmed by Cooper J in Faulkner v Tauranga District Council [2004] BCl 707 (He) . The latter decision was decided after the Court of Appeal's decision in the Attorney-General v Ngati Apa [2003]3 NZlR 643 (Foreshore and Seabed) . The judgments in the Ngati Apa case recognise that customary title may be extinguished by statute. At paragraph 47 for example, Elias C...