Search Results

1. [2011] NZEmpC 59 Costley v Waimea Nurseries Ltd [pdf, 80 KB]

   ...it is just to extinguish it without further consideration.” 8 To this extent, the relevant principles are akin to those involved in the consideration of an application to strike out a cause of action. After all, there would be no point in permitting an out of time challenge to proceed if it were only to be later struck out as disclosing no tenable cause of action. In South Pacific Manufacturing Co Ltd v New Zealand Security Consultants & Investigations Ltd, 9 Casey J made t...

2. [2010] NZEmpC 2 National Distribution Union Inc v Capital and Coast District Health Board [pdf, 37 KB]

   ...to, and not part of, the 4 weeks’ annual holidays conferred by that Act after 1 April 2007. The relevant legislative provisions [20] Subsection (2) of s 6 of the Holidays Act 2003 (“Relationship between Act and employment agreements”) permits an employer to provide an employee with enhanced or additional entitlements to annual holidays, whether these are specified in an employment agreement or otherwise, on a basis that is agreed with the employee. The additional annual ho...

3. Te Ariki o Kahukura v Moore – Manukorihi 1B Section 2 (2013) 313 Aotea MB 254 (313 AOT 254) [pdf, 95 KB]

   ...owners for Mr Ngaia to continue to live in the house during his lifetime. Respondent’s submissions [4] Ms Moore likewise repeats her earlier submissions and underscores that her principle concern is to ensure that her uncle Mr Ngaia should be permitted to remain in the house during his lifetime which she said was the consensus of the beneficial owners and whānau. [5] Ms Moore also reiterated that a whānau trust was likely to be a more practical entity for the administra...

4. [2016] NZSSAA 70 (11 July 2016) [pdf, 97 KB]

   ...good faith; (d) the beneficiary changed his position believing he was entitled to receive the money and would not have to repay it; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [29] Pursuant to s 86(9B) of the Act, the term “error” means: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation of benefit entit...

5. ENV-2016-AKL-000195 The Puhoi Community Forum Incorporated v Auckland Council [pdf, 3.8 MB]

   ...Council that the minimum lot size in the Coastal and Rural Zone be reduced to 2500m2 from 4000m2.  The effect of the Hearings Panel recommendations was to very significantly extend the Coastal and Rural Settlement zone and to almost double the permitted housing density of the land at 97 Saleyards Road, and other land at Puhoi.  The effect of the two recommendations would be to significantly change the nature and character of the Puhoi Historic Village.  The Council accepted the re...

6. [2021] NZEmpC 6 Bowen v Bank of New Zealand [pdf, 251 KB]

   ...substance of the communication in evidence. At that point an abuse of the privilege exists. The claimant cannot have the benefit of reliance upon the substance of the advice and still seek to shield that advice from disclosure to the other side. To permit this would give rise to unfairness in the required sense, in that the party’s conduct would be offensive to the trial process. [31] This Court has followed AstraZeneca on a number of occasions.6 McCullagh v Robert Jones Holdin...

7. [2022] NZEmpC 140 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 222 KB]

   SIOUXSIE WILES v THE VICE-CHANCELLOR OF THE UNIVERSITY OF AUCKLAND [2022] NZEmpC 140 [9 August 2022] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2022] NZEmpC 140 EMPC 477/2021 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER OF an application for leave to file amended pleadings AND IN THE MATTER OF objection to evidence BET

8. Nairn v Peebles LCRO 109 / 2010 (14 December 2010) [pdf, 100 KB]

   ...that his search of the titles on that day disclosed the problem to him. He explained, with reference to his file, why the action taken could not have been done any sooner, and that the remedial action had been done as quickly as time could have permitted. [15] The Practitioner denied that the 23 June letter he received from the purchaser‟s lawyer had mentioned the defective title, or that it could have alerted him to the problem. 5 Considerations [16] The Applican...

9. Auckland Standards Committee 2 v Gardner [2017] NZLCDT 18 [pdf, 327 KB]

   ...interest in their home which was being transferred to the trust as its only asset; (c) Both failures could have had dire consequences such as the settlors being forced to take court action to have a home to live in; (d) The trust deed as drawn permitted C to take sole control of the trust’s single asset following the death of J, such that C could depart from the wishes of B and J following their deaths; (e) The failure of the respondent to be as careful as she should have been...

10. [2018] NZEnvC 092 Wallace Group Limited v Auckland Council [pdf, 5.5 MB]

    ...under a set of consents granted under the Legacy Plan which had interface controls that could be fairly characterised as more protective of residential amenity than the replacement PAUP controls. That is particularly the case for its specified permitted activity height limits and yard controls.21 Consistent with that, the yet-to-be-exercised land use consent for the Site imposed various controls on the authorised land uses (including light industry) that would help to maintain the p...