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1. [2013] NZEmpC 3 Association of Professional & Executive Employees Inc v NZ District Health Board [pdf, 145 KB]

   ...which enables an effective contingency plan to be put in place even in the absence of such prior agreement. To achieve that end, the scope of negotiations under cl 12(5) and the jurisdiction of the adjudicator under cl 13 must be wide enough to permit the parties to agree, or the adjudicator to determine, all issues relating to the provision of life preserving services necessary to make the employer’s contingency plan effective. But the interpretation of those provisions should...

2. Walker - Kourateuwhi 2E1A1 (2016) 57 Tairawhiti MB 157 (57 TRW 157) [pdf, 205 KB]

   ...land (namely the one rood) without granting a partition order. It only had jurisdiction to vest shares. The letter suggested a number of ways in which the Court could rectify the matter, including an order under s 60 of the 1953 Act. Section 60 permitted amendments to orders to give effect to the true intention of the Court. [8] To complicate matters further, the Māori Trustee advised that he had just become aware that George Walker (one of the beneficiaries of the will of Rehia...

3. [2016] NZEmpC 149 NZ Education Institute Te Riu Roa v Secretary for Education [pdf, 163 KB]

   ...that there is a difference between “closest to” and “on”. [46] I do not accept this submission for several reasons. First, the parties did not qualify the parenthesised phrase by stating that a commencement date of 1 February was not permitted. It is reasonable to conclude that had the parties considered that 1 February itself should be excluded, they would have said so in their agreement. [47] Second, this conclusion is reinforced by the context within which the ann...

4. Hearn v Parklane Investments Limited [pdf, 178 KB]

   ...Morars' tenant made or caused the repairs to be made. The Morars did not pay for any repairs. No inspection of the repair was undertaken by or for the Morars. Ms Johnson gave uncontested evidence as to the extent of the repair and the need for a permit or building consent as it involved repair to ply substrate and the application of the liquid applied membrane to the garage floor. [115] The Morars say that they have never undertaken any repairs personally as they purchase...

5. LCDT Annual Report 2021 [pdf, 531 KB]

   ...(of a procedural nature) can be considered by the Chair alone, and some of which require the convening of the full, or reduced number Tribunal. A reduced quorum, consisting of three members (Chair, one lay member and one lawyer member), is permitted under the Act to consider applications for Interim Suppression of Name and for Interim Suspension Orders. These provisions allow speedier consideration of such applications at a considerably reduced cost. At times, in order to a...

6. Jenner v CAC 10163 & QS - Sanitised [2011] NZREADT 35 [pdf, 123 KB]

   ...decision. An interim order preventing a publication of the name of the agency was made by the Tribunal and remains in place until further order of this Tribunal. The Issues [16] The issues are: [a] Does s.122 of the Real Estate Agents Act permit the doctrine of ostensible authority? 4 [b] Did Jenner Real Estate have actual or ostensible authority to release the monies at the direction of Mr King? [c] Has there been a breach of s.122? If so then what penalty o...

7. [2021] NZACC 38 - ACC v White and Ovation NZ Ltd (19 February 2021) [pdf, 214 KB]

   ...package was signed for by “Tyrone'”). The Corporation and Ovation engaged in communication regarding the proceeding. [23] On 30 July 2019, a case conference was conducted by telephone. Mr White did not attend. The Court made directions permitting Mr White an opportunity to consider whether to file evidence in response to Mr Tasman-Jones’ report. Timetabling was also made for the filing of written submissions. The Registry was not able to contact Mr White following t...

8. [2012] NZEmpC 185 Yang v L E Builders Ltd [pdf, 165 KB]

   ...he did it, or when. At all times he acted under the supervision and direction of the foreman. He, along with a number of other workers, provided carpentry services as part and parcel of the defendant company’s building business. He was not permitted to speak to any of the defendant’s customers and/or clients. During his time with the company he had to seek permission to be absent. [21] There was no evidence before the Court as to industry practice. Mr Yang was unaware of...

9. BORA Visiting Forces Bill [pdf, 214 KB]

   ...admitting a visiting force into its territory must be regarded as having conceded to the visiting force all authority necessary for it to continue to exist as an efficient force available for the service of the sending state.1 Accordingly, the Bill permits a visiting force to exercise exclusive disciplinary jurisdiction over its members while they are in New Zealand. 20. The Bill, however, provides for concurrent jurisdiction as between New Zealand and the sending state to investig...

10. LCRO 44/2017 JJ v IO, UZ, [Law Firm A] [pdf, 233 KB]

    ...client interests if incapacity stands in the way of self-protection. [35] Where the lawyer discloses information under this exception it “should be only to the appropriate person or entity and only to the extent reasonably necessary for the permitted purpose”.7 [36] If disclosure (by way of a reminder) of the EPA to Ms JJ was necessarily the lawyers’ obligation to AJ in the circumstances as they knew them — which in effect is Ms JJ’s argument — then disclosure to he...