Search Results

1. [2015] NZEmpC 145 McIvor v Saad [pdf, 248 KB]

   ...then found: Mr Saad offered Mr McIvor 30 hours a week at the minimum wage but this was not acceptable to Mr McIvor. Mr McIvor refused the offer and handed Mr Saad a letter of resignation. [25] The Authority cited the judgment of the Court of Appeal on constructive dismissal in Auckland Electric Power Board v Auckland Provincial District Local Authority Officers IUOW. 2 That required the Authority to consider first whether the resignation was caused by a breach of duty on the...

2. Paterson v Whangarei District Council [2012] NZWHT Auckland 18 [pdf, 168 KB]

   ...care. [39] In Hartley v Balemi,6 Stevens J concluded that personal involvement does not necessarily mean the physical work needs to be undertaken by a director but may include administering the construction of the building. The Court of Appeal in Body Corporate 202254 v Taylor7 has also more recently considered director liability 2 Body Corporate 183523 v Tony Tay & Associates Ltd HC Auckland CIV-2004-404-4824, 30...

3. [2006] NZEmpC AC 66/06 Clark v Northland Hunt Inc [pdf, 103 KB]

   ...considered the formulaic approach adopted in Bryson, to gain an overall impression of the underlying and true nature of the relationship between the parties. This is the approach adopted by Justice McGrath in the dissenting judgment of the Court of Appeal; Three Foot Six Ltd v Bryson [2004] 2 ERNZ 526 CA, (2005) 7 NZELC 97,653. The contract [26] The first ground of real distinction between the position of Mr Clark and Mr Bryson whose engagement was regarded by the Court as on...

4. Reedy v Atkins - Waitangi A1 A1 (2019) 76 Tākitimu MB 54 (76 TKT 54) [pdf, 362 KB]

   ...arguments. He then exercised his discretion in favour of Mr Ashby. We do not detect any error in the judge’s approach when disposing of these applications. Consequently, we see no reason why the lower Court decision should be disturbed. The appeal must be dismissed. [15] For completeness, we note that the Appellant has made a number of submissions on what might be termed constitutional issues. While her interpretation of the various cases cited was patently incorrect, we do...

5. [2018] NZEnvC 180 McKay [pdf, 752 KB]

   ...Principles of Real Property Law (2nd ed, LexisNexis, Wellington, 2014) at 3.004(a). John Burrows (ed) Land Law (online looseleaf ed, Brookers) at C06. Resource Management Act 1991, ss 339(2)(b) and 340. [35] This approach has now been upheld on appeal. 14 [36] The texts referred to by the High Court address these concepts in detail, as did Dr Palmer's submissions before me as amicus. Relevantly, a lease creates a leasehold estate which is less than the freehold and is therefore...

6. [2020] NZEmpC 142 Kwik Kiwi Cars Ltd T/A Mark Cromie Motor Group v Crossley [pdf, 308 KB]

   ...termination were being adopted in light of serious problems arising from the economic difficulties and technological changes experienced in many countries in recent years. [50] Although New Zealand has not ratified the Convention, the Court of Appeal has recognised that s 66 of the Act gives effect to it.5 [51] Next, she referred to dicta in Canterbury Westland Free Kindergarten Assoc (t/a Kidsfirst Kindergartens) v New Zealand Educational Institute, which emphasised that “reas...

7. Tapsell - Succession to Pera Wikiriwhi or Pera Matataia [2021] Chief Judge's MB 1002 (2021 CJ 1002) [pdf, 485 KB]

   ...213-231 (2021 CJ 213-231). 24 Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209). 25 Tau v Nga Whanau O Morven & Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2021 Chief Judge’s MB 1020 [16] However, for the benefit of the parties, I note that s 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented, or in...

8. [2021] NZEnvC 018 Hadley v Waterfall Park Developments Limited [pdf, 1.5 MB]

   ...interpretation of subordinate statutory instruments, including as expressed in the Interpretation Act 1999. The Environment Court in Auckland Cottndl v J Budden and ors19 succinctly summarised those principles, including as expressed in the leading Court of Appeal decisions in Rattn_ry20and Powell.·21 19 20 21 [36] The principles for the interpretation of a subordinate RlvIA planning instrument are also well settled and not contentious. We are guided by the Interpretation A...

9. [2010] NZEmpC 142 Wang v Hamilton Multicultural Services Trust [pdf, 75 KB]

   ...justifiable, confirmed that the matter must be determined according to the test set out in s 103A of the Employment Relations Act 2000 (the Act). The fact that that is now the test for justification led him to a reconsider the decision of the Court of Appeal in New Zealand Fasteners Stainless Ltd v Thwaites,5 a decision decided under the now repealed Employment Contracts Act 1991. He set the position out as follows: [35] For the defendant, Ms Brook accepted that Ms Jinkinson was...

10. Apostolakis v Rennie (Strike-Out Application) 2017 NZHRRT 42 [pdf, 286 KB]

    ...and 105 of the Human Rights Act. Section 105 requires the Tribunal “to act according to the substantial merits of the case, without regard to technicalities”. That section applies, with necessary modifications, to decisions of this Court on appeal against a decision of the Tribunal: s123(5). [46] The Tribunal has an express power to dismiss proceedings, if satisfied that they are frivolous, vexatious or not brought in good faith: s115. As Mr Laurenson points out, the Tribunal del...