Search Results

1. [2007] NZEmpC WC 21/07 Electrotech Controls Ltd v Rarere [pdf, 45 KB]

   ...sale and purchase which is not entirely apt to employment law. In the present case the applicable law is that which concerns conditions as to time. In New Zealand Railways Corporation v Fletcher Development and Construction Ltd4 the Court of Appeal defined waiver of a time condition as follows: Waiver in this context occurs where the party entitled to insist on strict compliance with provisions as to time leads the other party to understand or assume that such provisions will not b...

2. [2020] NZEmpC 227 Wills v Farmlands Co-Operative Society Ltd [pdf, 232 KB]

   ...“exceptional circumstances” in ss 114 and 115 of the Act. The Court preferred, as a meaning for those words, “unusual” (or as being the “exception to the rule”) and, in so doing, partially overturned the two formulations given by the Court of Appeal in Wilkins & Field v Fortune [1998] 2 ERNZ 70 (CA). “Unusual” was preferred by the Supreme Court because it accorded with common English usage and was easier to apply than any alternative. [13] Ms Wills...

3. Hogarth - Taumarunui Papakainga Section 11A (2021) 435 Aotea MB 141 (435 AOT 141) [pdf, 252 KB]

   ...Act. [20] Every application for confirmation of an alienation requires a special valuation unless the Court orders otherwise as per s 158. 3 Matthews v Matthews – Estate of Graham Ngahina Matthews (2015) Māori Appellate Court MB 512 (2015 APPEAL 512) at [55] as cited in Henderson - Waiohiki 1D2B10D (2016) 55 Takitimu MB 83 (55 TKT 83) at [25]. 4 Taueki – Horowhenua X1B41 North A34 and 3B1 (2008) 16 Whanganui Appellate Court MB 30 (16 WGAP 30) at [75]. 435 Aotea MB 146...

4. [2017] NZEmpC 98 Farmer Motor Group Ltd v McKenzie [pdf, 167 KB]

   ...Kiely’s Best Practice Guide, payment in lieu of notice has been accepted as sometimes constituting notice, but not if the employee is engaged under a trial period. 8 Kiely refers to Coca Cola Amatil v Kaczorowski, but while the Court of Appeal in that case recognised that an employer might have a customary practice in 6 Modern Transport Engineers (2002) Ltd v Phillips [2016] NZEmpC 68. 7 Henderson v The Flooring Centre Ltd...

5. Land Valuation Tribunal COVID-19 Protection Framework [pdf, 166 KB]

   ...mediation/conference should proceed by telephone or audio-visual link, or be 3 A web-based videoconferencing system supported by the Ministry of Justice and Spark. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol adjourned. One consideration in determining whether a matter is to be dealt with in whole or in part through remote participation is the known vaccination status of participants. Hygiene...

6. BORA Social Assistance (Living Alone Payments) Amendment Bill [pdf, 355 KB]

   ...olds may also qualify for some benefits. 8. Clause 14 of the Bill provides for a savings provision for persons receiving the LAP under s 13 of the principal Act immediately before the commencement of this section on the basis of the Social Security Appeal Authority’s decision [2009] NZSSAA 38 (19 June 2009) if, and as long as, there is no change in the person’s circumstances affecting the person’s entitlement to the LAP. The recipient referred to by MSD was the appellant in the SS...

7. [2019] NZEmpC 23 Rachelle v Air New Zealand Ltd [pdf, 437 KB]

   ...In this case a further consideration is the Court’s ability to take into account the content of affidavits filed by Air NZ in support of its application to strike out parts of the statement of claim. In Attorney-General v McVeagh the Court of Appeal held that a court is entitled to receive affidavit evidence on a strike out application and may 3 Employment Court Regulations 2000, reg 6(2)(a)(ii); High Court Rules 2016, r 15.1. 4 Se...

8. Nikora v Trustees of Te Uru Taumatua and Te Komiti o Runga (2019) 221 Waiariki MB 200 (221 WAR 200) [pdf, 282 KB]

   ...or agent, 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 or an appeal under Part 2 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 Māori Trustee. http://www.legislation.govt.nz/act/public...

9. Mansfield v Pomana – Matahiwi 1A and 2 other blocks (2013) 22 Takitimu MB 123 (22 TKT 123) [pdf, 147 KB]

   ...Perenara v Pryor – Matatä 930, [2004] 10 Waiariki Appellate MB 233 (10 AP 233); Marino – Repongaere 4G (Part) [2004] 34 Tairāwhiti Appellate MB 98 (34 APGS 98); Apatu v Puna – Owhaoko C1 and 2 [2010] Mäori Appellate Court MB 34 (2010 APPEAL 34). 22 Takitimu MB 128 [23] It must be obvious that the trustees should never have allowed this situation to arise. It is their duty to know their terms of trust, to act prudently and to protect the assets of the trust. By failin...

10. Manuirirangi v Parininihi Ki Waitotara Incorporation - Waiokura Te Kauae blocks, Section 27-29, 33,34, 40-44 and Section 111 Block VII Waimate Survey District and Lot 1 Deposited Plan 5603 (2013) 312 Aotea MB 104 (312 AOT 104) [pdf, 86 KB]

    ...this Court. That would cut across the legal rights of the current owner of the land in manner beyond the contemplation of the relevant provisions of the legislation. Doubtless the granting of the application would also provoke judicial review or appeal proceedings on the grounds that the Court would have acted outside of its jurisdiction and without the consent of the owner of the land. It is difficult to see how either possibility might assist the applicant. [25] The only other...