Search Results

1. [2016] NZEmpC 27 Henderson v Nelson Marlborough DHB [pdf, 109 KB]

   ...the defendant had acted in an “overly technical” fashion, and that it should be held to account for unnecessary costs incurred by her client in dealing with the matter. She submitted that NMDHB had “acted incorrectly”, and should not be permitted to adopt “a double standard by imposing a higher threshold of service on the plaintiff that has no mention in the legislation … which it did not adhere … itself.” e) She submitted that an award of costs should accordingly...

2. [2011] NZEmpC 143 NZ Meat Workers & Related Trades Union Inc v CMP Rangitikei Ltd [pdf, 113 KB]

   ...is whether the plaintiff has established an arguable case of unlawfulness of the lockouts. Second, and if so, the Court must determine where the balance of convenience will lie before trial. Will it be more just that the current lockouts are permitted to continue when they may ultimately be found to have been unlawful or, on the other hand, will it be more just that the defendant is restrained from locking out its employees now but where it may be able to establish that this has b...

3. Taueki v The Trustees of Horowhenua 11 (Lake) Trust (2011) 274 Aotea MB 191 (274 AOT 191) [pdf, 107 KB]

   ...foreshadowe, disputes involving the trustees, beneficiaries and third parties have been before this Court for many years. 9 In recent times, they began with, ironically, Ms Taueki’s application for injunction in 2003 to stop the then trustees from permitting dredging of the Lake bed. That then resulted in this Court’s decision in 2005 to change the trustees following serious breaches of trustees’ duties by the previous incumbents. 10 Since then, there have been numerous ap...

4. International Covenant on Civil and Political Rights - list of issues 6th report [pdf, 51 KB]

   ...proportional to their percentage of the population, with less than 5 per cent of local government positions held by Maori prior to the 2007 local government elections. What measures have been taken to implement the Local Government Act of 2002, which permits local governments to facilitate the participation of Maori and improve the opportunities for Maori to contribute to the decision-making processes of local government? What measures have been taken to establish special electoral arrange...

5. Taueki v McMillan - Horowhenua 11 (Lake) Māori Reservation (2004) 148 Aotea MB 27 (148 AOT 27) [pdf, 642 KB]

   ...consider, adequately fulfil the roles of trustees for this Reservation and will act in the best interests of all the beneficiaries regardless of affiliation and allegiance. While no doubt some may be disappointed that they have not been appointed or permitted to remain, I am nonetheless satisfied that this mix of trustees is appropriate for the present circumstances. It is also important to underscore that these appointments are not open ended and that the Beneficiaries will have opportuni...

6. [2014] NZEmpc 85 McCartney v Atlas Concrete Ltd and First Union [pdf, 107 KB]

   ...determined: [15] The union declined to act for Mr McCartney because it considered his case had insufficient prospects of success. The mere fact of Mr McCartney’s membership did not oblige the union to represent him in his grievance, and the rules permitted it to decline to do so. The union did not make its decision arbitrarily or without sufficient knowledge of the background, and engaged with Mr McCartney on a number of his concerns before confirming its position to him in writ...

7. [2014] NZEmpC 211 Pyne Gould Corp Ltd v West [pdf, 94 KB]

   ...documents have been placed before the Court by counsel without objection. They have been considered accordingly. Legal principles [8] The defendant submits that reg 6(2)(a)(ii) of the Employment Court Regulations 2000 (the Regulations) permits the Court to refer to the rule in the High Court Rules which governs applications for orders for security of costs, r 5.45. That rule provides: 5.45 Order for security of costs (1) Subclause (2) applies if a Judge is satisfi...

8. [2015] NZEmpC 124 Knapp v Locktite Aluminium Specialities Ltd costs [pdf, 109 KB]

   ...which might otherwise have justified the inclusion of GST in an assessment of costs can still be ameliorated by the Court through an uplift in its eventual award beyond the standard 66 per cent starting point. I favour the latter approach which permits the Court to exercise a discretion as may be appropriate in the circumstances. In the present case, I allow a modest increase for this factor since the plaintiff is not GST registered. [19] I prefer a different approach. As I have a...

9. Huriwai - Hinetiraha A2C Ahu Whenua Trust (2017) 66 Tairawhiti MB 157 (66 TRW 157) [pdf, 203 KB]

   ...The Trustees must recognise that they must make all decisions on behalf of the Trust and are to consider the views of the owners. [14] Clause F is approved. Comment Box 2 (2) [15] Comment Box 2 (2) of the draft trust order has been amended to permit the alienation of Trust land and other Trust property for the benefit of a trust other than this Trust, where authorised by the Trust order. 6 Trustees of Pukeroa Oruawhata Trust v...

10. [2014] NZEmpC 77 Rodkiss v Carter Holt Harvey Limited [pdf, 106 KB]

    ...communications “for the purposes of the mediation” are confidential except perhaps where narrow public policy exceptions apply. 4 The defendant also made reference to Rose v Order of St John 5 which emphasised the purpose of s 148, which is to permit the parties to mediation to speak freely in a confidential environment in an attempt to resolve their differences; George v Auckland Council is to similar effect. 6 Counsel for the defendant submitted that at the relevant t...