Search Results

1. [2011] NZEmpC 32 New Zealand Meat Workers Union of Aotearoa Inc v AFFCO NZ Ltd [pdf, 139 KB]

   ...breach of s 9(1)(a) of the Act which prohibits any preference in obtaining or retaining employment. Construction of the seniority clause [28] In Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc 8 the Court of Appeal affirmed the approach adopted in that case by Judge Shaw to the interpretation of a collective employment agreement, describing it as “conventional and appropriate”. 9 The Court of Appeal recorded that in her approach to the inter...

2. Williams v Cotter-Arlidge - Okaihau 3C2 (2019) 77 Tākitimu MB 51 (77 TKT 51) [pdf, 416 KB]

   ...meeting of owners so that an election of trustees could take place. Ultimately, however, I concluded that Mr Puriri’s decisions from his time as sole responsible trustee were made with the necessary authority. That decision was never subject to appeal. [26] The Court records confirm that Mr Puriri continuously held a position as responsible trustee from his appointment in 1987 until his death in 2014 and during that period there were few instances of formal complaints over his t...

3. [2015] NZEmpC 49 Vulcan Steel Ltd v Walker [pdf, 86 KB]

   ...who discontinues a proceeding against a defendant must pay the costs of the defendant of and incidental to the proceeding up to and including the discontinuance. 4 [7] In Kroma Colour Prints Limited v Tridonicatco NZ Limited the Court of Appeal noted that the presumption in favour of awarding costs to a defendant against whom a proceeding had been discontinued may be displaced if there were just and equitable circumstances not to apply it. A Court would not speculate on respect...

4. Beattie v Porirua City Council [2011] NZWHT Wellington 18 [pdf, 48 KB]

   ...direct conflict in the evidence as to the responsibility of the various respondents. I am inclined to agree with Mr Robertson on this issue. There are still significant issues in dispute and this has resulted in three different parties filing appeals against the determination issued. [10] In these circumstances I consider that it is unlikely this claim would have settled at a subsequent mediation. Accordingly the costs that the claimants are seeking against the Council coul...

5. 2021-07-28 Minister for Environment - Legal submissions in relation to the pORPS [pdf, 173 KB]

   ...2021. 4 Dated 23 July 2021. 3 8. Submissions do not close until 3 September 2021.5 There has been no opportunity yet to challenge the proposed provisions or to know what aspects of pORPS are accepted. There has been no objection or appeal process or independent decision making. 9. I agree that the pORPS must be accorded some weight as representing a significant shift in Council policy and recognising that the current RPS does not give effect to the National Policy...

6. Brown v Edmonds - Succession to Kuini Brown and Mate Ihipera Rewi Tamehana [2021] Chief Judge's MB 988 (2021 CJ 988) [pdf, 294 KB]

   ...of Te Ture Whenua Māori Act 1993. Identification of evidence that may be of assistance in remedying the mistake or omission 7. The applicant has provided the following information in support of his application: (i) A copy of the Record of Appeal - A20190007456 (Appeal 2019/11) – Estate Mate Ihipera Rewi Tamehana also known as Maude Thompson. Background information regarding Appeal 2019/11 – Estate Mate Tamehana also known as Maude Thompson 8. Johnson Brown (father of th...

7. [2021] NZEmpC 168 Juyi International Ltd v Pan [pdf, 283 KB]

   ...available if to apply the provision would not be inconsistent with any other Act. Are there other statutory provisions that bind the Court? [59] A key authority on this point is Kidd v Cowan, where the scope of s 189 was discussed by the Court of Appeal.15 [60] The issue in that instance concerned whether the transfer of land by an employer to an employee could be offset against wages that it owed him. [61] The proposed question for the Court of Appeal was whether the Employmen...

8. [2023] NZEmpC 2 The NZ Tertiary Education Union Te Hautu Kahurangi O Aotearoa Inc v Vice Chancellor of the Auckland University of Technology [pdf, 259 KB]

   ...involuntary.18 He drew on observations made by the Court in Labour Inspector v Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre. While Mr Wicks referred to the Court’s decision in that case, it was the subject of a successful appeal to the Court of Appeal.19 [60] Mr Wicks submitted that in determining the level of a sanction it is appropriate to take into account:20 16 Employment Relations Act 2000, s 140(6). 17 Cooper v Phoenix Publishing Ltd [2020] NZEmp...

9. [2024] NZEnvC 190 Gisborne District Council v Aratu Forests Limited [pdf, 202 KB]

   ...access to documents be limited”. [13] As the High Court described in Safari Construction (2005) Limited v Concept Builders Queenstown Limited:3 Access to documents at the pre-substantive stage is generally limited because, as the Court of Appeal explained in Crimson Consulting v Berry [2018] NZCA 460 at [39]: … when matters are still at the pleading stage, there is an element of unfairness on parties in the publication of one side of the story. The allegations and the statem...

10. [2010] NZEmpC 104 Coy v Commissioner of Police [pdf, 59 KB]

    ...evidence introduced in the form of hearsay by Ms Coy and other witnesses for the plaintiff. [9] Although, when I asked Mr Fairclough bluntly what would be the consequences if I declined the adjournment application, counsel told me that he would appeal that decision, that is no reason for granting the adjournment. Rather, I do so because I consider that the practical consequence of not doing so would be to put at risk the whole of the plaintiff’s case. Put another way, it would n...