Search Results

1. [2018] NZEmpC 61 Butterfield v Alliance Group Ltd [pdf, 364 KB]

   ...were persons intending to work was based on them advising AFFCO at the end of one season of their current addresses and phone numbers on which they wished to be contacted for employment at the beginning of the following season. In the Court of Appeal, the Court held that the freezing workers did not fall within the definition of “persons intending to work” because the formal elements of an employment contract were required, rather than simply an intention by the workers to take...

2. [2014] NZEmpC 137 Pollard Contracting Ltd v Donald [pdf, 130 KB]

   ...12 Employment Relations Act 2000, s 101(ab). 13 Board of Trustees of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds [2008] ERNZ 139 (EmpC) at [42]. 14 At [40]. 15 A point which was confirmed by the Court of Appeal in Morgan v Whanganui College Board of Trustees [2014] NZCA 340, at [30]. c) Since the position is clear from the statute itself, it is unnecessary to resort to extrinsic materials to discern legislative intent. Consequently,

3. Ruka - Rangihamama X3A and Omapere Taraire E (2008) 123 Whangarei MB 137 (123 WH 137) [pdf, 4 MB]

   ...empha.sised that trustees in such circumstances have the option of seeking directions from the Court and when they fail to do so they must be excused for that omission if relief is to be granted ." [11] In Wong v Burt [2005] NZLR 91 the Comi of Appeal emphasised that under section 73 the Comi must be satisfied that the trustees acted "honestly and reasonably", and that this expression is conjunctive. [12] In weighing up whether to relieve the trustees of liability I tak...

4. CAC 10064 v Jin [2013] NZREADT 57 [pdf, 80 KB]

   ...unusual and suspicious set of facts. [84] We find that misconduct has not been proved against the defendant. Accordingly the charges are dismissed. [85] 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 ______________________________...

5. EMPC Swearing in Judge Perkins [pdf, 217 KB]

   ...claims. I was employed by my next door neighbour, who was the senior partner in the firm, to fill a vacancy soon to occur when the firm’s junior common law solicitor left on his great OE. That was one Rhys Harrison, now a Justice of our Court of Appeal. Rhys and I had a period of overlap of several months as employees of the firm which we both greatly enjoyed. So you can see why I soon naturally drifted towards a practice in maritime law and industrial law. When I think of my...

6. [2023] NZEmpC 45 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 281 KB]

   ...opinion may be relied on by the fact-finder only if that fact is or will be proved or judicially noticed in the proceeding. (4) … (5) … 16 BNZ Investments Ltd v Commissioner of Inland Revenue (2008) 19 PRNZ 71 (HC) at [15], upheld on appeal Commissioner of Inland Revenue v BNZ Investments Ltd [2009] NZCA 47, (2009) 19 PRNZ 553 at [45]. 17 Bain v R [2009] NZSC 16, [2010] 1 NZLR 1 at [62]. 18 Evidence Act, s 4. [35] Thus, to the extent the expert evidence is...

7. Auckland Standards Committee 5 v Hong [2020] NZLCDT 5 [pdf, 265 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2020] NZLCDT 5 LCDT 016/19 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 5 Applicant AND BOON GUNN HONG Respondent CHAIR Judge BJ Kendall (retired) MEMBERS Ms J Gray Mr G McKenzie Prof D Scott Ms S Stuart DATE OF HEARING 12 and 13 December 2019 HELD AT Specialist Courts and Tribunals Centre, Auckland DATE OF DECISION 10 Febr

8. [2020] NZEmpC 51 O’Boyle v McCue [pdf, 298 KB]

   ...information not be disclosed whether or not the communication or information is privileged by another provision of this subpart or would, except for a limitation or restriction imposed by this subpart, be privileged. [35] In R v X, the Court of Appeal discussed the scope of s 69 in detail.5 It emphasised that confidential information may be disclosed in court unless the judge gives a direction under s 69(2) having regard to the factors in s 69(3).6 It is also clear from the judg...

9. 2021-03-19 Fish & Game 1 Proposed National Environmental Standard on Ecological Flows and Water Level as at 19 March 2021 [pdf, 495 KB]

   ...2. The notification of this discussion document forms part of the formal submission process. The process of developing a national environmental standard differs from the statutory plan and resource consent process in that there are no hearings, appeal provisions or First Schedule consultation. However, the RMA requires that the Minister provide an opportunity for the public and iwi authorities to comment on the proposed NES. That opportunity is provided through submissions on this discu...

10. LCRO 138/2015 AZ, VY and CX v DW and EV [pdf, 260 KB]

    ...began acting for the respondents, his experience “included 45 commercial litigation cases resulting in judgments” most of which, if not all, were High Court cases. Mr KQ further deposed that at least one of the matters went to the Court of Appeal several times and the Privy Council.1 [15] The applicants say that the respondents requested their matters be allocated to Mr KQ, because he had a lower hourly rate ($250 per hour) compared to partner rates (up to $450 for Mr AZ). The...