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1. CAC 20002 v Chand [2014] NZREADT 102 [pdf, 73 KB]

   ...to avoid liability under s.72. We agree. In Clark, we had found as a matter of fact that there had been oral advice that one of the licensees may benefit financially from the transaction but we still made a finding of unsatisfactory conduct. On appeal, Moore J observed that it followed from the oral advice that the licensees understood the moral need to alert the purchaser of the potential benefit, even if they did not know of the specific requirements imposed on them by s.136 (the Co...

2. [2014] NZEmpC 79 Brook v Macown Gainsford Crozier and Kennedy [pdf, 132 KB]

   ...abandon the appointment on proper notice. [23] The focus on something other than an intangible benefit was emphasised (albeit in a different statutory context) in Prior v Millwall Lionesses Football Club. 9 There the United Kingdom Employment Appeal Tribunal (EAT) rejected a claim by the General Secretary of a football club, who had fulfilled the role for twenty years, that she was an employee. This finding was based on two grounds. First, that there was no contract between the...

3. [2016] NZEmpC 154 AFFCO NZ Ltd v NZMWU [pdf, 197 KB]

   ...These events had resulted in a sharp decline of Union membership. [14] The evidence went on to describe a range of subsequent issues, many of which had resulted in decisions being made by the Authority, by this Court or by the Court of Appeal. Reference was made to a lockout which occurred in early 2012, to various issues as to bargaining then and later, including the issues which came before the full Court in November 2015 4 and more recently in the Court of Appeal. 5...

4. REAA CAC 10017 v Miller [2013] NZREADT 31 [pdf, 201 KB]

   ...CAC 10063 v Jenner Real Estate Ltd [2012] NZREADT 68 where we followed our earlier decision in Cooke v CAC 10031 [2011] NZREADT 27, and noted with approval the following definition of misconduct, set out in a decision of the New South Wales Court of Appeal, Pillai and Messiter (No 2) (1989) 16 NSWLR 197: “Professional misconduct does not arise where there is mere professional incompetence nor deficiencies in the practice of the profession by a practitioner. More is required. Such mis...

5. [2018] NZEmpC 71 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 347 KB]

   ...recognising it may have been possible for Dr Sawyer to seek to amend them.6 [31] Duress is usually understood as the imposition of illegitimate pressure by threats that coerce a party to enter a contract: McIntyre v Nemesis.7 In McIntyre the Court of Appeal said that contracts procured by duress are voidable by the coerced party unless the agreement has been affirmed.8 [32] In discussing duress the Court said that, originally, it was restricted to threats of physical injury. Subse...

6. Ringwood v Auckland Council [2011] NZWHT Auckland 44 [pdf, 170 KB]

   ...and care. The position remains however that under the Building Act, the breach of this duty by act or omission must occur within 10 years of proceedings being brought. [71] All three counsel referred to the decision of the Court of Appeal in Johnson v Watson.7 Again, this case concerned the tortious liability of a builder rather than a developer. In Johnson v Watson Tipping J stated that an act or omission occurs on a particular day and that the starting point of the s...

7. [2018] NZEmpC 20 Smith v Director General of the Ministry for Primary Industries [pdf, 282 KB]

   ...criticism is that Mr Blake was unable to make a decision about Mr X’s claim of self-defence while her decision, effectively, accepted it. [42] In Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand Ltd4 the Court of Appeal accepted a prima face case of disparity of treatment, leading to a dismissal, may be unjustifiable in the absence of an adequate explanation by the employer. Two Air New Zealand stewards were charged jointly with smuggling a video casse...

8. [2021] NZEnvC 032 Cabra Rural Developments Limited v Auckland Council [pdf, 32 MB]

   ...[2021] NZEnvC O 3 2 the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA), and the Resource Management Act 1991, and the rural subdivision provisions of the in part proposed and in part Operative Auckland Unitary Plan, and appeals pursuantto s 156 oftheLGATPA CABRA RURAL DEVELOPMENTS LIMITED FOREST HABITATS LIMITED KAREPIRO INVESTMENTS LIMITED MONOWAI PROPERTIES LIMITED RAH OP ARA FARMS LIMITED RAUHORI FORESTS LIMITED SH 16 LIMITED (ENV-2016-AKL-00...

9. [2014] NZEmpC 209 McLennan v New Zealand Post Ltd [pdf, 161 KB]

   ...determining whether these actions are sufficiently capable or blameworthy to reduce any award that might otherwise be made; 31 and determining whether these actions are “blameworthy” as a broad inquiry. (d) The majority of the Court of Appeal in Salt v Fell held that s 124 operates as a “contributory negligence” provision. 32 (e) Examples were given of blameworthy conduct that had required the reduction of remedies, including for breach of traffic regulations 33 a...

10. Committee on the Elimination of All Forms of Racial Discrimination – summary record 15th-17th reports (continued) [pdf, 66 KB]

    ...effective remedies for violations of rights contrary to the Convention. Treaty settlements were not considered temporary measures. 22. Turning to immigration issues, she said that the Government continued to consider that it was preferable for the appeal and review procedures in the Immigration Act to be the primary means of resolving disputes about individual immigration decisions, rather than creating a parallel resolution process. Without the procedural bar, there was a risk that appli...