Search Results

1. [2007] NZEmpC AC 53/07 Hansells (NZ) Ltd v Ma [pdf, 91 KB]

   ...regarded as irrelevant for the purposes of interpreting it. That was because all that was said to matter was the intention of the parties at the time of entry into the contract and not later. There are now a number of dicta, including of the Court of Appeal, indicating that change to this former rule is close: A-G v Dreux Holdings Ltd (1996) 7 TCLR 617 (CA) and Raptorial Holdings Ltd (in Rec) v Elders Pastoral Holdings Ltd [2001] 1 NZLR 178; (2001) 7 NZBLC 103,219 (CA). [38] In the Spo...

2. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

   ...defendant, the plaintiff was dismissed on 17 December 2002 and the test for justification in s103A of the Employment Relations Act, which came into force on 1 December 2004, does not apply. Consequently the test is that contained in the Court of Appeal’s judgment in W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448, 457. The issue for the Court is whether the defendant has, on the balance of probabilities, discharged the onus of showing that the decision to dismiss the plaintiff...

3. [2013] NZEmpC 1 Gini v Literacy Training Ltd [pdf, 152 KB]

   ...could ever constitute serious misconduct. Legal principles [16] The principles applicable to any assessment of economic loss and compensation under s 123 of the Act are now well established. They were conveniently summed up by the Court of Appeal in Sam’s Fukuyama Food Services Ltd v Zhang 3 in these terms: [24] We now deal briefly with the applicable principles. In Telecom New Zealand Ltd v Nutter, this Court approved the principle that compensation for lost remuneration...

4. [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...

5. [2015] NZEmpC 164 Wellington Free Ambulance Service Inc v Austing Anor [pdf, 143 KB]

   ...convenience favours the making of the order sought; and (c) In considering all matters, the overall justice favours the making of the orders sought. [10] In the recent decision of NZ Tax Refunds Ltd v Brooks Homes Limited, the Court of Appeal confirmed the approach in these terms: 2 The approach to an application for an interim injunction is well established. The applicant must first establish that there is a serious question to be tried or, put another way, that the...

6. 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...

7. [2014] NZEmpC 174 Workforce Development Ltd v Hill [pdf, 143 KB]

   ...to ensure that it followed the process set out in the contract. [50] It was submitted that WDL ought to have done more following the meeting to advocate for Mrs Hill’s position or, following advice of the final decision, taken steps to ‘appeal’ it on her behalf. The meeting concluded on the basis that Corrections had ten days to reach its decision. Mrs Hill had been given an opportunity to comment at the meeting and took no steps following the meeting to raise further mat...

8. McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57 (21 TTK 57) [pdf, 194 KB]

   ...analysis of the then legislation relating to meetings of assembled owners shows that the requirement for resolutions to be formally moved was very limited. [51] Today‘s legislation concerning meetings of assembled owners – which the Court of Appeal in Clarke v Karaitiana recently observed carry a greater degree of formality than meetings of beneficial owners of a trust 11 - recognises that technical irregularities do not automatically defeat the outcome of meetings. Regulatio...

9. Koning v Smith - Matapihi 1A 3D 4C 1 Block (2011) 18 Waikato Maniapoto MB 220 (18 WMN 220) [pdf, 209 KB]

   ...Confiscation Claims (2004) Legislation Direct, Wellington, p 166 at para 6.4, p 263 at para 10.1, p 303 at para 10.8.4 and p 323 at para 11.2.5 and Faulkner v Deputy Registrar – Allotment 5 Parish of Tahawai (2010) Māori Appellate Court MB 643 (2010 APPEAL 643) 18 Waikato Maniapoto MB 225 Tauranga, no Māori land in the Tauranga district has had the status of Māori customary land. All that Judge Milroy did was confirm the existing status of the block which is Māori free...

10. CAC 20006 v Wallace [2013] NZREADT 46 [pdf, 73 KB]

    ...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 miscon...