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AFFIDAVIT OF DAVID IAN ROEBECK FOR THE NGATI PAOA TRUST BOARD IN SUPPORT OF APPLICATION TO EXTEND TIME FOR FILING AN APPEAL 31 AUGUST 2018 Counsel instructed: J D K Gardner-Hopkins Phone: 04 889 2776 james@jghbarrister.com PO Box 25-160 WELLINGTON Solicitors on the record: Todd Greenwood Greenwood Law Limited Phone: 021 082 43911 todd@greenwoodlaw.co.nz PO Box 642 WAIHEKE ISLAND 1840 IN THE HIGH COURT CIV-2018-AKL-000...
...Broughton with Jo-An Kelsen, Brendon Broughton, Ariana Hurunui-Neil and Serena Fiso as trustees A20230002545 59/93 Rakaipaka Puriri Whaanga 1D1D Roadway Block - and an interim injunction order made at 247 Waikato Maniapoto MB 94-96 on 21/12/2022 - Appeal from a provisional determination (Respondents: Hohua Warren Hemi & Motoko Hemi as Trustees of the Hemi Whänau Trust) Paenga-Whäwhä / APRIL 2023 - NATIONAL PÄNUI 9 TAIRÄWHITI At Ruatöria (by Zoom) | https://us06web.zoom.u...
...submitted as an alternative, if KSP433 was not an express term of the agreement, that it was an implied term requiring the defendant to pay out the benefits under that policy and could not be deleted unilaterally. [47] Mr Kiely addressed the Court of Appeal’s tests for implication of terms in Attorney-General v NZ Post Primary Teachers’ Assn [1992] 1 ERNZ 1163 which found such terms could be: implied by rules of law; implied from the express terms of the contract; implied b...
...what was an appropriate vacancy. This would have avoided the need to pursue redeployment to any other position and her subsequent dismissal. The plaintiff was found to have been unjustifiably dismissed. [28] In Westpac the Court of Appeal considered a redeployment provision which stated that the bank would “make every reasonable endeavour to identify” and offer at least one job option which was substantially similar to the position being made redundant. Ms White...
...all the circumstances and therefore enforceable against him. Restraint of trade clause [45] The principles to be applied in assessing the reasonableness and therefore enforceability of a restraint of trade clause are well settled. The Court of Appeal has reiterated some of those principles in the context of employment law 3: • Covenants restricting the activities of employees after the termination of their employment as a matter of legal policy are regarded as unenforceable unl...
...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...
...discern what may have been its intention.” The Advisory Group’s report was prepared for the Minister. 27 [74] In Marlborough District Council v Altimarloch Joint Venture Limited 28 the Supreme Court declined leave to extend the grounds of appeal based on a departmental report that the appellant wished to rely on. The Court observed that: 29 The departmental report upon which the appellant now wishes to rely to support its statutory interpretation argument does not come...
...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...
...natural justice”. An employer carrying out a disciplinary function is not acting judicially and the principles in Saxmere specifically dealing with judicial bias do not apply. It has been well established in decisions such as that of the Court of Appeal in Board of Trustees of Marlborough Girls College v Sutherland 9 and the High Court in Peters v Collinge 10 that the high standards applying to judicial officers do not apply to an employer carrying out a disciplinary function...
...of committee members was being considered: 10 [7] In our view unsatisfactory performance must be measured against the principles in the Act. They are contained in the preamble and section 2. [8] The key principles for the purposes of this appeal are that the Court should encourage: (a) retention of Māori land, in the hands of its owners; (b) the utilisation and development of that land; and (c) control of that land by the owners, through their representatives. [9] Whet...