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1. [2021] NZEmpC 155 Best Health Foods Ltd v Berea [pdf, 290 KB]

   ...was held that the mere fact of a payment in lieu of notice does not itself prevent a termination from being a summary dismissal.15 [18] On the strength of its findings as to fact, the Authority determined that payment in lieu of notice, although permitted by the employment agreement, could not and did not, cure a defective notice. 10 At [22]. 11 At [29]. 12 At [36]. 13 At [39]. 14 At [40]. Reference was made to Catherine Soanes and Angus Stevenson Concise Oxford Engl...

2. Black v Nohotima - Ruatoki A Section 22B No 2C No 3 (2019) 228 Waiariki MB 3 (228 WAR 3) [pdf, 207 KB]

   ...owners of the land were appalled to know that Peti and Tokai used their legal status as owners of the house to try and evict her and her mother. She contends that the view amongst the wider whānau and the community is that Anituatua should be permitted to continue occupying the house for her lifetime and after that there should be a hui of owners to consider future occupation. [21] In terms of the maintenance of the house, Rangitunoa provided recent photos taken of the house. She...

3. Punjab Knoll Body Corporate v Wellington City Council & Ors [2014] NZWHT Auckland 9 [pdf, 93 KB]

   ...Limited v Lloyd (2006) 18 PRNZ 199 (HC) referred to in Procedural Order 11 dated 6 August 2014 at [8]. In that case Miller J concluded that r 12 of the District Court Rules (similar to s 92(2) of the Weathertight Homes Resolution Services Act 2006) permits the Court to amend a judgment so as to substitute another defendant, where it has been shown that the defendant was wrongly named due to an accidental slip or omission that was not identified and addressed before the judgment was seale...

4. Myoak Holdings Ltd v Te Huia - Waipuka 2T Roadway (2019) 75 Tākitimu MB 90 (75 TKT 90) [pdf, 316 KB]

   ...maintained and who pays for it, and other ancillary issues relating to its use. [4] Having regard to the status of this broader application, the applicant has therefore sought an injunction under s 19(1)(b) of the Act. It submits that s 19(1)(b) permits the Court to make an order by way of an injunction prohibiting any persons, where proceedings are 1 A20130003329. 75 Tākitimu MB 92 pending before the Court, from dealin...

5. [2010] NZEmpC 79 Silver Fern Farms Ltd v North [pdf, 50 KB]

   ...earnings related compensation following the lodgement of his claim for his injury with the Accident Compensation Corporation (the Corporation). [6] Silver Fern is what is known as an accredited employer under the Accident Compensation Act, permitted to self manage accident compensation claims and so enabling it to pay reduced levies. [7] At the time, the relevant collective agreement created an expectation that injured employees would come in to work and attempt to underta...

6. [2012] NZEmpC 7 Transpacific All Brite Ltd v Sanko & Combs [pdf, 103 KB]

   ...employment relationships between Transpacific and the Messrs Combs and Mr Sanko. The second cause of action in the High Court is for breach of the agreement for sale and purchase by the second defendant Michael Combs. [20] The High Court has now permitted Transpacific to add a fifth defendant to its proceedings and, therefore, a second amended statement of claim represents the plaintiff’s position in the High Court. The significance of that further amended pleading is that it cl...

7. [2008] NZEmpC AC 47/08 Allright v Canon NZ Ltd [pdf, 48 KB]

   ...information by Mr Allright having judged incorrectly, but innocently, that the information was not confidential. As Mr Hood pointed out, the confidentiality clause would not be effective to prevent disclosure of this type but, if Mr Allright was not permitted to be involved with Fuji Xerox during the period of restraint, the risk of it occurring would be greatly reduced. [24] In support of this concern, Mr Hood pointed to the fact, which was acknowledged by Mr Allright, that he had...

8. E v IAG New Zealand Ltd (No 4) [2022] CEIT-2019-0013 [pdf, 535 KB]

   ...It has inherent jurisdiction as a superior court of general jurisdiction. This allows the High Court to declare its own jurisdiction and to control jurisdiction and powers of inferior courts, tribunals, and public bodies. It is this power which permits the High Court to judicially review the decisions of inferior courts, tribunals and public bodies.15 The jurisdiction of an inferior courts or tribunal is constituted by and defined in legislation. The jurisdiction of this Tribunal...

9. Moore - Lot 30 DP 40840 (being Oakura F2A) [2020] Māori Appellate Court MB 209 (2020 APPEAL 209) [pdf, 234 KB]

   ...and that no undue difficulty or inconvenience would result.24 Only when such an order was registered,25 did the land cease to be Māori freehold land and become General land.26 Accordingly, the 1953 Act set out a specific and detailed scheme to permit Māori freehold land to change to General land, only by order of the Court and subsequent registration. [23] For the reasons set out in Te Keti A2, we agree that we cannot invoke s 2(2)(f) to determine that the land is now General la...

10. New Zealand Public Health and Disability (Restriction on Crown Funding Agreements and Unfunded Cancer Medicines) Amendment Bill [pdf, 232 KB]

    ...not stated, but we consider that would also be in the DHB’s discretion.7 Therefore, we consider that the Bill creates an exception for cancer patients to have their unfunded medicine administered in a public hospital (which otherwise appears not permitted).8 Consistency with the Bill of Rights Act Section 19 – Freedom from Discrimination 13. Section 19(1) of the Bill of Rights Act affirms the right to freedom from discrimination on the prohibited grounds listed in the Human Right...