Search Results

1. [2012] NZEmpC 86 Lend Lease Infrastructure Services (NZ) Ltd v Recreational Services Ltd [pdf, 147 KB]

   ...affidavit evidence from a labourer-edger. [23] Mr Walker is a labourer, maintenance fixtures and has held that position for over 20 years. He says that he picks up litter as part of his role, including in parks and at the beach, and responds to requests to pick up bags of rubbish that have been dumped in reserves. Mr Walker is also involved in graffiti removal and waterblasting. He estimates that he spends approximately six hours per week on these tasks. Mr Harley also works as...

2. [2015] NZEmpC 202 Higgs v Monro Ltd [pdf, 161 KB]

   ...this was an assault. This could be regarded as serious misconduct. 2 This conclusion was not challenged. [8] Then the Authority considered whether Mr Higgs was unjustifiably suspended, as had been contended. The Authority determined that a request that Mr Higgs not attend work related to whether, even if there was an unjustified suspension, “there was no evidence of disadvantage that would result in a compensatory remedy.” 3 This conclusion was not challenged. [9] The...

3. FINAL-2021-Research-Memorandum-Witness-Familiarisation.pdf [pdf, 300 KB]

   ...by a member of the Bar I judge to have been well aware of the implications. She took pains to ensure that any witnesses who attended her courses knew of the possible consequences of collusion and she forbade it. No attempt was made to indulge in application of the facts of this case, or anything remotely resembling them. 20. The prosecutions in Momodou were for violent disorder arising from a notorious disturbance at an immigration centre in 2002. The centre was run by staff of a team...

4. Lomu v Tangilanu [2014] NZIACDT 95 (01 October 2014) [pdf, 183 KB]

   ...from a “worst case” perspective in order to determine whether any reductions can or should be made on this ground, namely that the result of imposing appropriate sanctions will make Ms Tangilanu insolvent and she will have to lodge a debtor’s application in bankruptcy. 1 R v Williams [1988] 1 NZLR 748 (CA); while this case deals with criminal sentencing, its principles are applicable as a guide in the context of professional discip...

5. Kingi v Summersby - Okere Falls Store (2003) 276 Rotorua MB 81 (276 ROT 81) [pdf, 1.6 MB]

   ...the lease would not be renewed by the landlords and that there was a dispute as to the tenant's right in relation to the building. There were meetings and there was correspondence. Mr Summersby's initial position appears to be that he claimed the right to remove the building, then there was a letter from his solicitor which at first blush appeared to resile from the proposition. It is clear however, notwithstanding what was said or not said, that there was no contract betw...

6. [2007] NZEmpC CC 19/07 Sefo v Sealord Shellfish Ltd [pdf, 37 KB]

   ...about the nature and scope of a hearing. [2] The plaintiff has elected to challenge parts of the determination of the Employment Relations Authority in this matter and pursuant to s179(4) is not seeking a de novo hearing. In her statement of claim, the plaintiff makes three principal allegations which I find are the issues in this challenge: 1. The Authority erred in law in finding that the suspension of the plaintiff was lawful. 2. The Authority erred in fact and law...

7. Bahramitash v CAC 402 & Ritesh [2016] NZREADT 40 [pdf, 176 KB]

   ...Estate Agents Authority) regarding a telephone call made by her; and (b) A copy of an earlier decision of the Committee dated 10 September 2015, in which it found that the appellant had engaged in unsatisfactory conduct. [9] The appellant’s application is opposed by the Authority. Submissions have been filed on behalf of both the appellant and the Authority. 4 Relevant principles as to the admission of evidence by the Tribunal [10] Section 109(1) of the Real Estate...

8. PQ v Hakaoro [2013] NZIACDT 59 (17 September 2013) [pdf, 118 KB]

   ...be obliged to have regard to the fact this complaint was upheld. These would be matters for the Registrar to consider at that time. This Tribunal cannot direct the Registrar; it is his decision to be made on the facts then existing, should such an application be made. [12] I am satisfied the statutory scheme is that this Tribunal mandates a maximum of two years prohibition on applying for a licence, and then the issue lies with the Registrar. I do not consider that it is necessary or app...

9. Horticulture New Zealand.pdf [pdf, 187 KB]

   ...demonstrates N loss maintenance or reduction as required by Policy 2; and the stock exclusion standards set out in Schedule C must be complied with. Amend condition 3 of Rule 3.11.4.4 so that a Nitrogen Leaching Loss Rate is only required where the applicant elects to qualify for the rule through claiming a Moderate Nitrogen Leaching Loss Oppose in part It is appropriate to allow preparation of farm environment plans (FEPs) for consented activities where these are then certified...

10. A & T Kaufusi v Tangilanu [2014] NZIACDT 98 (01 October 2014) [pdf, 184 KB]

    ...Accordingly, I will consider the situation from a “worst case” perspective in order to determine 1 R v Williams [1988] 1 NZLR 748 (CA); while this case deals with criminal sentencing, its principles are applicable as a guide in the context of professional disciplinary sanctions as, although punishment is not their purpose, penalties necessarily carry a punitive element in their effect. 4 whether any reductions can or s...