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1. [2011] NZREADT 6 Eden v CAC 10059 & Seddon Real Esate Limited [pdf, 120 KB]

   ...directors (of which Findlater was one) and Mr Bean personally. Mr Findlater said it was agreed that all trading for Seddons would be done through this account and all withdrawals would need to have the approval of all three guarantors. Mr Findlater claims that from August until November 2009 Mr Bean withdrew $48,223 from the Seddons National Bank account when the company had no capacity to repay this sum. This included the commissions due to Mr Eden. Mr Findlater also complained t...

2. Burrows & Anor v CAC20002 & Ors [2015] NZREADT 17 [pdf, 248 KB]

   ...White, Paihia. After some months, they listed their property jointly with Ross Robertson and with Ms Paterson and Mr Corbett from the local office of Harcourts (at Kerikeri). That listing agreement is dated 15 February 2012 on a standard Harcourts form and, inter alia, covers that the listing is for a “Joint Sole Agency with Ross Robertson from Ray White Paihea”. Later in the agreement, the listing is referred to as a “Joint Exclusive & Sole Agency Authority” reading as fol...

3. [2019] NZEnvC 056 Mackenzie District Council [pdf, 7.3 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN Decision No. [2019] NZEnvC 56 of the Resource Management Act 1991 of an application for declarations under section 311 of the Act MACKENZIE DISTRICT COUNCIL (ENV-2018-CHC-208) Applicant Court: Environment Judge J E Borthwick Environment Judge J J M Hassan Environment Commissioner R M Dunlop Hearing: at Christchurch on 4 and 14 February 2019 Appearances: D G Caldwell and A C Limm...

4. [2021] NZACC 22 - Yeo v ACC (2 February 2021) [pdf, 196 KB]

   ...take a few months off due to pain. [4] On 13 August 2008, Mr Yeo reinjured his lumbar spine, again at work, whilst lifting a roller door onto a truck. Mr Yeo presented to his doctor on 14 August 2008 who diagnosed a lumbar sprain and lodged a claim for cover for the same. The Corporation accepted cover for the described injury on 18 August 2008. [5] A workplace assessment conducted on 17 October 2008 concluded that Mr Yeo was unable to safely resume pre-injury duties and hou...

5. Arthur v Accident Compensation Corporation (Vocational Independence) [2023] NZACC 36 [pdf, 253 KB]

   ...2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Vocational independence - s 107, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 17 June 2019. The Reviewer dismissed an application for review of the Corporation’s decision dated 10 January 2019 assessing Mr Arthur as vocationally independent. Background [2] Mr Arthur was born in December 1979. He worked in various roles, including as a builder, labou...

6. EMPC speech GUEST LECTURE Privacy Employment Interface delivered in June 2016 [pdf, 311 KB]

   ...considerable amount of discussion about privacy rights and what an employer can and cannot do. It is unclear whether Ms Hammond was in an employment relationship with Credit Union at the relevant time and accordingly whether she could have brought a claim against it in the employment institutions. Nevertheless, the discussion provides a useful opportunity to reflect on the circumstances in which an employer can take disciplinary action in relation to an employee’s online activit...

7. 2021-04-20 Transcript (up to end of day 17) [pdf, 2.6 MB]

   ...looking for more than just a restatement of what you said in the transcripts. A. Sure. Q. I’ll be looking to get some more information out of you. So I’d just like to start by exploring your experience with preparing resource consent 15 applications. So would you be able to just briefly explain to me, in terms of your experience, what is your experience with that in recent times, particularly as it relates to deemed permits? A. Sure, so in recent times, a lot of the applic...

8. ENVC Hearing 6Oct14 DM Piritahi Maikara Ropata [pdf, 165 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 STATEMENT OF EVIDENCE OF (LORNA) MAIKARA ROPATA (PIRITAHI MARAE) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS 5 August 2014...

9. [2008] NZEmpC WC 12A/08 Orakei Group (2007) Ltd formerly PRP Auckland Ltd v Doherty [pdf, 52 KB]

   ...grievant raised an employment relationship problem against the plaintiff, then named PRP Auckland Limited, and an associated company, 54 Cuba Street (2007) Limited. This went to the Employment Relations Authority for investigation of their claims that they were owed redundancy money and other allowances by the two companies. [3] Before the investigation meeting on 15 May 2007, 54 Cuba Street (2007) Limited accepted liability for the redundancy payments leaving other entit...

10. [2020] NZEmpC 40 Innovative Landscapes (2015) Ltd v Popkin [pdf, 398 KB]

    ...JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] Ms Popkin is a landscape architect. She was employed by the plaintiff company for around two-and-a-half years before her employment was terminated on the grounds of redundancy. She claimed that she had been unjustifiably dismissed. The Employment Relations Authority upheld her claim and awarded her one week’s wages and $15,000 by way of compensation under s 123(1)(c)(i) of the Employment Relations Act 2000 (the Act).1...