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1. [2018] NZEmpC 47 New Zealand Nurses Organisation v Waikato District Health Board [pdf, 366 KB]

   ...applied for recall and/or a rehearing of its separate challenge, arguing that it was entitled to a ruling on the matters of interpretation raised. A rehearing was granted by former Chief Judge Colgan in his judgment dated 12 July 2016.6 WDHB appealed that decision to the Court of Appeal but was unsuccessful.7 [14] This rehearing of NZNO’s challenge proceeds on the basis of the evidence heard by Judge Ford and the further submissions from the parties and intervener.8 [15] The c...

2. [2021] NZEmpC 66 Smartlift Systems Ltd v Armstrong [pdf, 320 KB]

   ...Authority erred legally or factually in considering the adequacy of consultation. [25] The Authority reminded itself of two leading decisions as to redundancy. First, Grace Team Accounting Ltd v Brake.12 The Authority noted that the Court of Appeal found that if an employer could show a redundancy was genuine in that the notice and consultation requirements of s 4 of the Act had been duly complied with, that could be expected to go a long way towards satisfying the s 103A test....

3. MLC 2017 July Outstanding OCR Applications [pdf, 345 KB]

   ...made at 103 Wairoa MB 244-245 on 11 July 2001 - Application to the Chief Judge A20170004176 58/93 Wero Karena Omahu 4C Section 6 - and an order for confirmation of alienation made at 56 Takitimu MB 233-237 (8 February 2017) - Notice of Appeal and Leave to Appeal Out of Time (Respondents Douglas Whitfield and Mark Alexander) A20170004320 45/93 Toni Ngahiriwa Welsh, John Ernest Welsh Talbot Venus Talbot (nee Welsh) or Venus Tawera Werehi or Whetumarama Welsh - and a...

4. MLC 2017 August Outstanding OCR Applications [pdf, 345 KB]

   ...made at 103 Wairoa MB 244-245 on 11 July 2001 - Application to the Chief Judge A20170004176 58/93 Wero Karena Omahu 4C Section 6 - and an order for confirmation of alienation made at 56 Takitimu MB 233-237 (8 February 2017) - Notice of Appeal and Leave to Appeal Out of Time (Respondents Douglas Whitfield and Mark Alexander) A20170004320 45/93 Toni Ngahiriwa Welsh, John Ernest Welsh Talbot Venus Talbot (nee Welsh) or Venus Tawera Werehi or Whetumarama Welsh - and a...

5. [2017] NZEmpC 96 Nisha v LSG Sky Chefs NZ Ltd Interlocutory judgment (No 23) [pdf, 246 KB]

   ...1 Nisha v LSG Sky Chefs New Zealand Ltd [2015] NZEmpC 171, (2015) 13 NZELR 185. 2 Nisha v LSG Sky Chefs New Zealand Ltd [2016] NZEmpC 77. 3 Nisha v LSG Sky Chefs New Zealand Ltd [2016] NZEmpC 166. [9] On 2 May 2017, the Court of Appeal declined leave to appeal the findings made in Interlocutory Judgment (No 22). 4 [10] Soon after, a telephone directions conference was convened on 11 May 2017, so that the cost issues could be timetabled for resolution. As a result...

6. [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...

7. Allan v Christchurch City Council [pdf, 81 KB]

   ...his company had been involved in a number of projects before being put into voluntary liquidation. The Tribunal draws the inference that this was a limited purpose company as described by Priestley J in Tony Tay (supra). [51] The Court of Appeal in Trevor Ivory Limited v Anderson10 emphasised the importance of examining the factual matrix in each case before determining if there was personal responsibility. Having undertaken such an examination of the facts the Tribunal consi...

8. Manuel v Waitakere City Council [pdf, 70 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2007-100-00030 UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of an Adjudication BETWEEN NEIL EUAN MANUEL, MARGARET MARY MANUEL AND THE PUBLIC TRUST as Trustees for the N & M MANUEL FAMILY TRUST Claimant AND WAITAKERE CITY COUNCIL First Respondent AND BRIAN ELLIOT Second Respondent AND REX W LITTLE AND ASSOCIATES Third R

9. [2017] NZEmpC 51 E Tu Inc v New Zealand Transport Agency [pdf, 211 KB]

   ...their words to mean, or what their negotiating stance was at any particular time, is irrelevant. 8 (footnotes omitted) [38] There is a further point which should be emphasised for the purposes of this case. In Silver Fern Farms, the Court of Appeal referred to the approach adopted at first instance by Judge Shaw, when she was required to consider apparent 7 Tertiary Education Union v Vice-Chancellor, University of Auckland [2015...

10. Kingsnorth v Crawford - Motuaruhe 5D (2018) 199 Waiariki MB 203 (199 WAR 203) [pdf, 368 KB]

    ...Tipene v Tipene the Court considered whether a non-owner had an equitable interest in a house to which she and her husband had made substantial improvements.9 The Court considered the principles of constructive trust and also referred to the Court of Appeal decision in Lankow v Rose, which identified the following four features a claimant must show for the imposition of a constructive trust:10 1. Contributions, direct or indirect, to the property in question. 2. The expectation of...