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1. [2012] NZEmpC 47 TLNZ Auckland Ltd and C3 Ltd v Maritime Union of NZ and Parsloe & Ors and Jennings & 21 ors [pdf, 202 KB]

   ...parte. I considered that the fullest opportunity that could be given in the circumstances for both parties to be able to present their respective cases required a hearing to be convened that evening. In the event, it was convened at 8.00 pm to permit sufficient time for Messrs Chemis and Opie to travel from Wellington to Auckland. Background from the affidavits [9] The first plaintiff, TLNZ Auckland Limited (TLNZ), is a stevedoring company in Auckland, involved in an essentia...

2. Robinson v ACC [2012] NZACA 9 [pdf, 640 KB]

   ...any timetable that has already been put in place, the respondent is to file submissions which comply with paragraphs of 4- 6. of Part A within a further 28 days and the appellant may file submissions in reply within a further 21 days. 5. If time permits, a decision will be made on the papers, but failing this, the application or notice will be heard as a preliminary matter at the substantive hearing." The Langhorne Orders [15] The notice of appeal to the Authority under ACA 18/0...

3. Cochrane v Accident Compensation Corporation [2024] NZACC 76 [pdf, 239 KB]

   ...them have dealt with the issue of causation. Mr Cochrane relies on the opinion of Mr Finnis. On the other hand, Mr Light relies on the CAP report. [57] The Court is often asked to make decisions in the face of uncertainty. The legal approach permits robust inferences to be drawn on causation, as the Court of Appeal held in Ambros4 . However, there must be sufficient evidential foundation to support the drawing of such inference. The evidential basis must be more than conjecture,...

4. Williams v Tuhoe Putaiao Trust - Te Tawa Kaiti Lands Trust (2012) 50 Waiariki MB 247 (50 WAR 247) [pdf, 1.2 MB]

   ...Putaiao to undertake gravel extraction along the upper reaches of the Whakatane River. Prior to and at the resource consent hearing, Tuhoe Putaiao was supported by Te Tawa Kaiti. On 10 July 2007 Tuhoe Putaiao were granted a resource consent which permits them to extract up to 50,000 m 3 of gravel from the Whakatane River. [5] Since late 2007, Tuhoe Putaiao have extracted gravel from the Whakatane River including a “beach area” adjacent to the blocks owned by Te Tawa Kaiti....

5. [2012] NZEmpC 218 NZ Airline Pilots Association v Mt Cook Airlines Ltd [pdf, 147 KB]

   ...to work in order to earn their salary. In its determination the Authority concluded that the approach taken by Mount Cook in calculating the relevant daily pay, by looking at a day’s pay as being 1/365 th of the pilots’ annual salary, was permitted under the Act and it did not lead to any breach of the legislation. The statutory provisions [5] The Act, which came into force on 1 April 2004, repealed the Holidays Act 1981 and introduced the concept of “relevant daily pay”...

6. Complaints Assessment Comittee 404 v Hawkins [2017] NZREADT 16 [pdf, 214 KB]

   ...stayed for about 12 months. Ms Fletcher sold her own home at the end of March 2012, again with Mr Hawkins as agent. [19] On 10 July 2012, Ms Fletcher asked Mr Hawkins for time frames for payment for her proposed purchase, issue of title, Council permits, and the time at which the relocatable house could be placed on the land. Mr Hawkins’ response was that titles were expected by 20 August, construction of the driveway by early August, the house located on the land by 30 August...

7. X v Secretary for Justice [2023] NZRA 002 (26 April 2023) [pdf, 242 KB]

   ...cross-examination in “case G”), and the parties’ submissions. [47] The third procedural issue relates to the Court of Appeal decision referred to by Mr. Hurd in his submissions. The Applicant submitted that the Secretary should not be permitted to refer to this decision, in which the Court found that a miscarriage of justice had occurred as a result of the Applicant failing to provide his client with sufficient advice or information before the client elected to give no evid...

8. Godfrey v Harvey [2019] NZHRRT 6 [pdf, 434 KB]

   ...(a) a declaration that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint: (b) an order restraining the defendant from continuing or repeating the breach, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach, or conduct of any similar kind specified in the order: (c) damages in accordance with sections 92M to 92O: (d) an order that the defendant perform any...

9. [2015] NZEmpC 24 Lowe v Director-General of Health, Ministry of Health & Ors [pdf, 194 KB]

   ...Lowe made a living in material part from the provision of homecare. As observed by the Court of Appeal this question is one of fact and degree. 16 We are satisfied that Ms Lowe provided Carer Support services with sufficient frequency as to permit the conclusion that she undertook such work on a regular basis. Although, from time to time, she described herself in the relevant invoices as a “friend” of the client, she did not provide these services only as a friend. [55] Ha...

10. Rata - Succession to Paretuaoroa Paretekorae and Haki Rata [2021] Chief Judge's MB 106 (2021 CJ 106) [pdf, 424 KB]

    ...the ōhākī at the succession hearings on 6 August 1962 and 17 June 1970 is not, in and of itself necessarily a definitive test as to whether the Court on those occasions had acted within jurisdiction. 23. Under the present law, Māori are permitted to make written wills in respect of Māori freehold land. This is a power conferred on them by English law and the TTWMA, but not by custom. The written will as it is known in general law, was not part of Māori customary law....