Search Results

1. [2018] NZEmpC 153 Rauland NZ Limited v Delvo [pdf, 224 KB]

   ...any time during the continuance of this Agreement was an employee or contractor to the Company. 30.2 In addition to the restraints set out above, you must not, at any time after the termination of this Agreement (a) Advertise, publicise or permit the advertising or publicising of the fact of your employment by the Company in a manner likely to cause damage to the Company; and/or (b) Do any act or thing whatsoever which may injure, impair or reduce or be likely to injure,...

2. [2020] NZEmpC 149 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 438 KB]

   ...“other party” on notice may in fact result in an intensification of posts and cause further harm. Reference was made to s 173(4) of the Act, which relates to the making of ex parte orders by the Authority. It was submitted the subsection permitted the application to proceed without notice. However, if the application was to be notified, urgent directions and a telephone conference were requested. [35] The Authority issued a notice of direction on 3 December 2018.6 I...

3. Pairama v Tutara - Ururua 2B2 (2020) 217 Taitokerau MB 153 (217 TTK 153) [pdf, 285 KB]

   ...area of land was taken. In the latter case, the persons entitled to enforce the offer back provision are only those who would have been entitled to take under the will or intestacy of the original owner, whereas a wider class of claimants is permitted in relation to the former category. 3 Taueki v Horowhenua Sailing Club - Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 [2014 APPEAL 60] 4 Williams v Auckland C...

4. [2024] NZEnvC 216 Nicolson v Dunedin City Council [pdf, 611 KB]

   ...those identified areas. iii. The biodiversity enhancement plan must identify the location of any proposed structures to be erected within the Biodiversity Enhancement Area (noting that one plant nursery structure and up to three 10m2 structures are permitted under Rule 15.8.AP.Z.a). iv. The biodiversity enhancement plan must not include clearance of indigenous vegetation in the Biodiversity Enhancement Area, except that this standard does not apply to indigenous vegetation clearance...

5. Wainui v Wainui - Part 1 Deposited Plan 3413 (2024) 127 Tairawhiti MB 150 (127 TRW 150) [pdf, 283 KB]

   ...sworn statement by Thelma supplied in support of the injunction application records that: (a) Thelma’s understanding is that the Whānau Home was vested in the Tipene and Sarah Wainui Whānau Trust; (b) In 2000 Thelma signed an agreement with permitting her, Thelma, to occupy the Whānau Home; and (c) Thelma’s copy of her agreement with the Tipene and Sarah Wainui Whānau Trust was destroyed in Cyclone Gabrielle. [17] While Thelma, and perhaps other beneficiaries of the Tipe...

6. Kokiri-Tamanui - Mangapoike 2A2 Sections 12, 46, 47 & 48 (Te Reinga Marae) (2024) 127 Tairāwhiti MB 1 (127 TRW 1) [pdf, 289 KB]

   ...received from Ms Mitai and Ms Mitai-Harris. They claimed the election process was “unfair and unjustified.” They claimed votes per person were not clarified at the start of the election (one vote per person). They claimed multiple voting was permitted after the fourth nominee had been selected and that voting online was not correctly counted. In addition, they alleged that one screen with votes was counted but a second screen was not. They could not understand why only eight t...

7. [2024] NZEmpC 163 LDJ v EZC Costs [pdf, 209 KB]

   ...[1] On 19 June 2024, the Court removed the applicant’s employment relationship problem to the Court.1 In its decision, the Court indicated that LDJ was entitled to costs on their application, noted that costs ought to be able to be agreed, and permitted them to apply for costs within 14 days of the judgment if necessary.2 [2] Unfortunately, the parties were unable to agree. LDJ applied for costs on 3 July 2024. 1 LDJ v EZC [2024] NZEmpC 109. 2 At [63]. [3] Couns...

8. Wai 3300, 2.6.019 Memorandum directions of Chief Judge Dr C L Fox commencing wānanga ā-rohe phase [pdf, 520 KB]

   ...Tribunal will not be hearing or testing evidence during the wānanga ā-rohe phase (Wai 3300, #4.1.5 at 37). The wānanga ā-rohe are distinct from a ngā kōrero tuku iho hearing process (Wai 3300, #4.1.5 at 75). 34. I also confirm that parties are permitted to present evidence to support their discussions and consideration of tikanga principles and/or constitutionality. 35. I further confirm that transcripts of the kōrero from the wānanga will be placed on the record of inquiry....

9. BO v NC Ltd [2024] NZDT 13 (30 January 2024) [pdf, 219 KB]

   ...reasons. First, the loss is of a subjective nature and the extent of intangible harm is difficult to prove and to price. If measured, any award is open to criticism on the basis that the outcome is unpredictable, or contains a punitive element not permitted in calculating loss for breach of contract. 35. Leaving aside these practical issues, there is a more fundamental policy concern against such awards. Contracts often give rise to stress, particularly where personal, social or famil...

10. Harawira v New Zealand Management Academies Limited & McAuley (Strike Out) [2024] NZHRRT 59 [pdf, 249 KB]

    ...decision to strike out his claim to the Court of Appeal. The appeal was dismissed with the following observations regarding conduct in judicial proceedings: [17] Limits are enforced because it is inimical to the administration of justice to permit abusive behaviour in a public forum where speech is protected by absolute privilege. Misuse of the judicial process causes unfairness for others involved, including the opposing party. It also undermines public confidence in the administra...