Search Results

1. Morgan v Accident Compensation Corporation [2018] NZACA 01 [pdf, 197 KB]

   ...accident meant she could never work again. The Corporation did not consider this. [38] The relevant statutory provision is s 53(3) of the Act. The Corporation took into account only her earnings from Nathans within 12 months of the accident, as permitted by s 53(3)(d). [39] In accordance with s 53(3)(b), the Corporation could have incorporated the earlier Nathans’ earnings. That section allows the Corporation to have regard to Ms Morgan’s earnings in the financial year e...

2. [2011] NZEmpC 76 Rush Security Services Ltd v Samoa [pdf, 132 KB]

   ...company‟s case was that the only shift agreed to by Mr Samoa during the previous week, and scheduled for him, was that which he performed at FDC on 20 July 2009. Mr Samoa‟s case is that he agreed to work four shifts at FDC that week but was only permitted to complete one of those shifts. [18] I find Mr Samoa‟s evidence to be more probably correct and reject the company‟s. That is for the following reasons. Mr Samoa‟s account of his shifts for that week is more consis...

3. [2016] NZSSAA 084 (29 August 2016) [pdf, 139 KB]

   ...moved into a sleepout at the back of the property because he had nowhere else to live. The appellant said she allowed Mr XXXX to stay at XXXX Place for the sake of the children. They had not reconciled. The appellant said, on the one hand she permitted him to stay because she wanted her children to have a relationship with their father. On the other hand, she said she was not happy about him staying as she was scared of him. She went so far as to suggest that she often asked he...

4. [2020] NZSSAA 8 (30 April 2020) [pdf, 191 KB]

   ...with Mr Bioletti as to the role he intended to take, we allowed him to appear as a McKenzie friend on the authority of Craig and Slater1 where the High Court allowed a practising barrister to appear as Mr Craig’s McKenzie friend. The High Court permitted the barrister to sit beside Mr Craig, take notes, quietly make suggestions to Mr Craig and give advice and propose questions and submissions to Mr Craig who could put them before the Court. The barrister could only address the C...

5. [2009] NZEmpC WC 14/09 NZ Meat Workers & Related Trades Union v AFFCO NZ Ltd [pdf, 57 KB]

   ...employee by the employer”. [48] So, we agree with counsel for the plaintiff that “terms and conditions of employment” can include concurrently provisions of the core agreement, a site agreement and, in this case, the trial agreement. That is permitted by clause 8 of the core agreement which deals with site agreements and permits their existence expressly in sub clause (c). [49] This conclusion is consistent with s61(1) of the Act which provides: (1) The terms and conditio...

6. [2010] NZEmpC 123 Burtton & Browne v Talley's Group Ltd [pdf, 52 KB]

   ...dismissed constructively. The Authority concluded that Mr Browne had an arguable case that the manner of his dismissal was not how a fair and reasonable employer would have acted in all the circumstances. That related to the employer’s refusal to permit Mr Browne to have the assistance of a lawyer in circumstances where, having arranged to travel from Auckland to Nelson to attend a meeting arranged by the employer, Talley’s first cancelled the meeting and then declined to make...

7. Southern-Pastures-Limited.pdf [pdf, 287 KB]

   ...phosphorus, sediment and microbial pathogens by the short-term numeric water quality values in Table 3.11-1 being met no later than 10 years after Chapter 3.11 of this Plan is operative. Support Policy 1(c) Amend as follows: Enabling, through permitted activity rules, low intensity farming and horticultural activities (not including commercial vegetable production), with low risk of diffuse discharge of those contaminants to water bodies, and requiring resource consents for all othe...

8. Matenga - Parish of Tahawai Lot 18C-F and 18I (2003) 73 Tauranga MB 150 (73 T 150) [pdf, 660 KB]

   ...injunction was granted on 10th January 2003 pending the hearing of the substantive application under s 18(1 )(a)/93. The applications were heard at two sittings of the Court. Mrs Matenga is now resident in Australia and her health situation did not permit her to travel to Tauranga for the hearing on the 12 March 2003. Mrs Matenga authorised Mr Monty Smith to speak for her at the hearing and her evidence was presented by affidavit. Further supporting evidence was given by members of he...

9. Wall v Karaitiana - Tauhara Middle 15 Trust (2008) 88 Taupo 63 (88 TPO 62) [pdf, 2.7 MB]

   ...a person holding multiple power of attorneys can only "show" their hand, as it were, once. It is quite unlike a situation where voting would be by way of shares. In that case the individual holding mUltiple powers of attorney would be permitted to exercise voting by shares for all the individuals for whom the attorney held authority. [28] Therefore, powers of attorney may be used at both the meeting of owners of Tauhara Middle 15 and the meeting of beneficiaries for Tauhar...

10. SC & TO Partnership v QS & TS & JT Ltd [2022] NZDT 84 (24 May 2022) [pdf, 256 KB]

    ...items. I am not satisfied that it can be implied into that clause that the items swapped had to be of the same quality. 20. The respondents have not breached the contract by swapping items out for items from another property. That was specifically permitted by the contract. 21. It was accepted that two side tables were removed from the property and not swapped out for other side tables. QS said he understood that the real estate agent was going to supply and deliver those table t...