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1. Nee Harland v Prentice - Mana Ahuriri Incorporated Society (2017) 59 Takitimu MB 227 (59 TKT 227) [pdf, 348 KB]

   ...review or other civil proceedings in the High Court. So Mr Nee Harland’s arguments were squarely before me. [43] More importantly, in Henare v Māori Trustee - Parengarenga 3G it was confirmed that an application for rehearing will not be permitted merely for the purposes of repairing omissions in the presentation of an earlier case. 7 By this process it appears that Mr Nee Harland is, in effect, seeking to amend his original pleadings by resubmitting further material concern...

2. Proposed amended Auditing and Monitoring Policy [pdf, 811 KB]

   ...co-operate Cooperation with auditor To co-operate with the auditor, the provider must:  give the auditor access to all relevant documents  answer any questions fully, frankly, promptly, and in the form required by the auditor; and  permit, and if necessary assist, the auditor to make copies of documents. Reference: Section 92(1) Failure to co-operate with audit The table below outlines the process that takes place if a provider fails to co-operate with an auditor. St...

3. Aperahama v Anderson - Sections 57 58 70 72 and 100 of Ratana Pa (2022) 447 Aotea MB 93 (447 AOT 93) [pdf, 262 KB]

   ...most effectively in these contexts.17 It was further argued that this Court is a better alternative to the High Court, which does not necessarily possess these tools. Even if this is correct, it does not allow the Court to go where it is not permitted. Even if the Māori Land Court is the most appropriate forum to resolve this dispute, it can only do so if it has jurisdiction. Whakataunga Decision [38] For these reasons, the Court does not have jurisdiction to determine th...

4. Faulkner - Ohuki 1C Sec2 (2019) 183 Waikato Maniapoto MB 45 (183 WMN 45) [pdf, 277 KB]

   ...block. What is the best overall use and development of the block? [39] As stated, the block is already used for residential purposes and there is an existing occupation order over it. The trustees of the Matapihi-Ohuki Trust have determined to permit further occupation orders to be sought over the block. The location of the block within the city boundaries of Tauranga along with the above factors point to residential purposes being the best overall use and development of parts, if...

5. AODT Court Operational Policy update 2023 v3.01. [pdf, 304 KB]

   ...discuss arrangements. The team leader will take responsibility for matters during absences. • An AODT Court lawyer who has recurrent or ongoing scheduling conflicts will be removed from the AODT Court roster. • AODT Court lawyers are not permitted to swap their rostered sessions with other lawyers including other AODT Court lawyers. Any changes must be discussed with and managed via the team leader. • If required and if called upon to do so by the team leader, any AODT Court...

6. [2008] NZEmpC WC 18/08 Arthur D Riley & Co Ltd v Wood [pdf, 67 KB]

   ...some of the images forwarded by Miss Wood were objectionable. In another work environment they may have not have been regarded as such but in this case they were. Miss Wood herself recognised that by acknowledging that she would not have been permitted to post the images on the staff notice-board. Her comment on the e-mail that forwarded the attachments also suggests that she was aware that these were not just funny but were, to say the least, questionable. [60] I also find that...

7. [2007] NZEmpC AC 3/07 McGreal v Television New Zealand Ltd [pdf, 59 KB]

   ...He was able to work for other players in the industry. For some of the years disclosed in the accounts produced, he earned a good income and indeed substantially more than he would have earned as an employee on salary. In later years he was permitted to charge on a daily or half-daily basis even if he did not work for the full period. He was paid accordingly. There were times when he unilaterally increased his rates and TVNZ agreed to pay the higher rates. [27] Mr McGreal ind...

8. [2007] NZEmpC WC 17/07 Finau & Ors v Southward Engineering Co Ltd [pdf, 66 KB]

   ...parties to the strike. Their suspensions lasted until 5 October 2005. [6] Both Mr Smith and Mr Makara are trained to operate the coil slitter and do so from time to time when the usual operators are unavailable. Their employment agreement permitted Southward to require them to transfer to other jobs within the scope of its operations if they were competent to perform those jobs. [7] In this proceeding, the Court is not otherwise concerned with the facts. They must be...

9. [2008] NZEmpC CC 13/08 ANZ National Bank Ltd v Svensson [pdf, 64 KB]

   ...redundancy provisions. 2. Where the hours of work are a term of an agreement, unilateral change will amount to a breach of the agreement which may only be justified if the change is technical or inconsequential. 3. Where an employment agreement permits the exercise of management prerogative to alter an employee’s working conditions or job description, the employer must act reasonably and fairly before making such changes4 and the employee may not unreasonably withhold their a...

10. [2010] NZEmpC 90 NZ Fire Service Commission v Warner & Ors [pdf, 60 KB]

    ...were previously beyond its jurisdiction. Rather, the cases that are specifically provided for suggest that the objective of the ERA remains essentially contract focused and does not extend to a jurisdiction to determine claims in tort. Section 99 permits only a limited tort jurisdiction and para (r) of s 161(1) makes explicit the exclusion of tort jurisdiction otherwise falling within that provision. [27] As to s 161 and whether the Authority was empowered to determine matters in tort,...