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1. The Intersecting Lines - Business interests and personal autonomy [pdf, 335 KB]

   ...his subsequent dismissal was unfair. The tribunal dismissed his claim that the dismissal was unfair, finding the use of surveillance to be justified and proportionate in its degree of interference with the claimant’s rights. The Employment Appeal Tribunal (UK) upheld that finding. It is clearly desirable to make clear what the employer’s intentions are in relation to any activity which may be said to intrude into an employee’s personal space. It is, however, unlikely that...

2. [2015] NZEmpC 98 Premier Events Group Ltd Ors v Beattie [pdf, 160 KB]

   ...the Court filed on 31 March 2015. [12] A preliminary question arises, whether the Court now needs to determine whether to make orders as to costs in litigation that is not yet complete. Although it is true, as Mr Eichelbaum points out, that no appeals have been lodged against the Court’s judgment of 17 December 2014, and that the time for doing so has expired, the question of what damages may be payable by Mr Beattie to PEGL remains outstanding. I have recently directed that thi...

3. [2015] NZEmpC 37 Gapuzan v Pratt Whitney Air NZ [pdf, 157 KB]

   ...the earlier decision of Richardson v Board of Governors of Wellesley College, Judge Travis had provided a useful analysis of the range of costs awards previously made by the Court, which were $3,800 to $6,400 per hearing day. 4 The Court of Appeal referred to that analysis with apparent approval in Transmissions & Diesels Limited v Matheson. 5 Counsel submitted that a proper award of costs in this matter would be $6,400 inclusive of GST. [4] Subsequently I issued a...

4. Taueki v Procter - Horowhenua 11 (Lake) (2021) 437 Aotea MB 86 (437 AOT 86) [pdf, 389 KB]

   ...that demonstrated the projects undertaken by the former trustees were a distraction from the key task of dealing with the poor water quality in Lake Horowhenua. 3 Pook v Matchitt - Matangareka 3B [2019] Māori Appellate Court MB 167 (2019 APPEAL 167) 437 Aotea MB 91 [11] Further, Mr Watson argued that the projects undertaken by the former trustees were simply “feel good” activities which did not address or provide any tangible improvement on water quality, given...

5. [2015] NZEmpC 28 Stevens v Hapag-Lloyd (NZ) Ltd [pdf, 307 KB]

   ...Parliament was likely to have been cognisant of its international obligations, including the right to strike and this, it was said, was relevant to the way in which s 28(1) of the previous Act was to be interpreted. 7 I pause to note that on appeal the Court emphasised that there was no need to resort to international instruments in the interpretative exercise. 8 In any event the case has limited relevance in the context of the plaintiff’s argument in this case, which is squar...

6. Fredricsen v Hikuwai - Wainui D Block (2016) 143 Taitokerau MB 135 (143 TTK 135) [pdf, 212 KB]

   ...agent, of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 or an appeal under Part 2 relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the court under this section may be expressed to be binding on the Māori Trustee. (3) Any injunction made by the court un...

7. Tukapua - Horowhenua 11B 36 2L 4A Block (Kawiu Marae) (2013) 307 Aotea MB 117 (307 AOT 117) [pdf, 123 KB]

   ...this Court have regularly canvassed the issues of appointments and the role of trustees to Māori reservations. Leading decisions are Perenara v Pryor – Matatā 930,3 and Marino – Repongaere 4G (Part) – Rongopai Marae,4 [30] The Court of Appeal decision in Clarke v Karaitiana and I adopt the reasoning set out in those decisions. 5 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of...

8. [2020] NZEnvC 186 Panuku Development Auckland Limited v Auckland Council [pdf, 3.1 MB]

   BEFORETHEEN~RONMENTCOURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND AND Decision No. [2020] NZEnvC 186 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act PANUKU DEVELOPMENT AUCKLAND LIMITED (ENV-2018-AKL-000176) Appellant AUCKLAND COUNCIL Respondent R Peters and R Bannan R Dexter and A Modrow N Smith P Lange L Whiley s 27 4 parties Court: Environment Judge M Harland Commissioner K Edmonds Commissioner D Bun...

9. Hutcheson v Clarkson - Mangamaire B2 (2018) 73 Tākitimu MB 88 (73 TKT 88) [pdf, 432 KB]

   ...on it by this or any other Act, the Maori Land Court shall have all the powers that are inherent in a court of record. [10] The ability of a court of record to deal with evidence, its admission and suppression, was considered by the Court of Appeal in Brown v Attorney General:1 Before setting out what is in issue, we should make clear one matter which was not in issue: that is the jurisdiction of the District Court to make suppression orders in civil proceedings. Judge Ongle...

10. [2007] NZEmpC AC 33/07 Schneller v Ranworth Healthcare Ltd [pdf, 51 KB]

    ...rights under the Act or to establish the suitability of the employee’s permanent employment. [18] These provisions were interpreted and applied in a case heard by this Court (Clarke v Norske Skog Tasman Ltd [2003] 2 ERNZ 213) and subsequently on appeal by the Court of Appeal (Norske Skog Tasman Ltd v Clarke [2004] 1 ERNZ 127). [19] If employment was pursuant to a lawful fixed term agreement, the expiry of this agreement according to its terms would not support a claim to an unju...