Search Results

1. [2016] NZEmpC 117 NZMWU Inc v AFFCO NZ Ltd [pdf, 160 KB]

   ...The cases [16] The leading authority as to the application of s 11 to unlawful lockouts is Spotless Services (NZ) Ltd v Service and Food Workers Union Nga Ringa Tota Inc. 9 With regard to a lockout which is held not to be lawful, the Court of Appeal stated in its judgment: 10 … We thus agree with the SFWU’s submission that whether the wages are payable in terms of the WPA will depend on the employment agreement. We also agree that, if wages were payable in terms of thos...

2. [2018] NZEmpC 90 Industrial Equipment Distributors Lifting Centre Ltd v Scouller [pdf, 321 KB]

   ...referred to in any other relevant document and is itself relevant. ... [15] The role of pleadings in assessing relevance is obviously important. The leading authority on this topic is Airways Corporation of New Zealand Ltd v Postles, a Court of Appeal decision which considered the former reg 48 of the Employment Court Regulations 1991.1 For the purposes of that regulation, the Court of Appeal said:2 With respect we consider the Judge erred in law in drawing for present purpos...

3. Matchitt - Te Kaha 65 (2021) 251 Waiariki MB 154 (251 WAR 154) [pdf, 237 KB]

   ...Ture Whenua Māori Act 1993 to grant new occupation orders, vesting a 1.7300 hectare site on Te Kaha 65 in Paratene Matchitt, Mana Matchitt and Elaine Hutchinson for their exclusive use and occupation. [8] On 1 April 2015, Edward Matchitt filed an appeal against the 2014 judgment. The Māori Appellate Court issued a judgment on 23 November 2015.10 The Court considered that evoking s 37(3) to make new occupation orders without prior notice to parties that this step was intended was i...

4. LCRO 260/2013 CS v RV (18 July 2017) [pdf, 190 KB]

   ...scope of review [18] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for th...

5. MF v PM and SL LCRO 351/2013 [pdf, 223 KB]

   ...Scope of Review [22] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

6. Elvin - Lot 154D2B2B1 Parish of Te Puna (2007) 90 Tauranga MB 53 (90 T 53) [pdf, 2.5 MB]

   ...Maori Land Court may ill exercise of its powers and respollsibililies reJlIse 10 cOllflrmlhe aliellalioll or 10 change Ihe statlls oJlhe lalld. " [15] Further refinements of this fundamental principle can be discerned from the High and Court of Appeal judgments, Edwards v Maori Lalld COllrl and Brllce v Edwards [2003] 1 NZLR 515. Ronald Young J considered the decision in Loma Cleave too resh'ictive given his view that the rights of the owners should not be entirely ignored. Th...

7. LCRO 235/2014 SV v BG and HD (18 July 2017) [pdf, 154 KB]

   ...scope of review [22] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

8. LCRO 235/2017 B and A LT v HF (28 March 2019) [pdf, 133 KB]

   ...scope of review [27] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

9. LCRO 7/2016 Mr and Mrs YJ v XW (22 August 2018) [pdf, 166 KB]

   ...scope of review [7] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

10. LCRO 171/2018 QZ v UJ (19 December 2018) [pdf, 169 KB]

    ...process of review under the Act:2 2 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 6 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise f...