Search Results

1. [2008] NZEmpC AC 9/08 Hardie (practicing as J D Hardie & Co) v Round [pdf, 63 KB]

   ...of dismissal until 9 January 2001 being the first day of the adjudication hearing in the Tribunal. The Adjudicator also awarded distress compensation of $10,000 under s40(1)(c)(i) of the Act and, subsequently, costs of $11,362 in two separate decisions. [3] At the time of his dismissal Dr Round was a 38 year old but newly qualified and so a junior lawyer with post graduate qualifications in Arts and Law from Auckland and Columbia (New York) Universities. He had held an...

2. Ahu Whenua Trust Order Template [docx, 91 KB]

   Māori Land Court Standard Ahu Whenua Trust Checklist Those considering a new trust order should go through this checklist to ensure that they have addressed key areas for beneficial owners to decide on. [bookmark: _Hlk516837322]Page no. Clause Description 2 1.1 Trust Name 1.4 Registry of the court and address for service of the trust 2.2(d) If the owners wish to support specific Māori community purposes, may wish to list those purposes 8 7.2(d) Registry of the Māori Lan...

3. [2015] NZEmpC 204 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 533 KB]

   ...justice factors then favoured the defendant. Despite an early substantive hearing having been offered to the parties, it was not until the week beginning 5 October 2015 that this was able to take place. [4] To complete the picture, there is a separate albeit associated case scheduled to be heard very shortly. This proceeding deals with AFFCO’s application to the Employment Relations Authority (now removed to the Court for hearing at first instance) for an order declaring that...

4. Tau v Nga Whanau o Morven and Glenavy - Waihao 903 Section IX Block [2010] 2010 Maori Appellate Court MB 167 (2010 APPEAL 167) [pdf, 266 KB]

   ...Davis-Te Maire having died in the interim. [21] Therefore, the two s 18(1)(a) applications remain outstanding. Further evidence [22] The appeal was heard on 13 November 2008. Following the hearing and the finalisation of the minute it became apparent to us that several historical documents and minutes of the Court had not been included in the case on appeal and were probably not before Deputy Chief Judge Isaac or Judge Wainwright. The Case Manager was directed to 2010 Ma...

5. [2018] NZSSAA 42 (3 September 2018) [pdf, 701 KB]

   ...that mandate this result. [8] If the Ministry is correct, then a person in the appellant’s position cannot generally engage in small business activities to supplement their income, and there is no prospect of progressing to independent living through that mechanism. Benefits do no more than provide sufficient means for a person to live with reasonable dignity; it is impossible to use a benefit to supplement business expenses on a significant scale. As an illustration, Inland Reven...

6. The Trustees of the Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block and a preliminary decision of the Chief Judge at 2013 CJ 567 [2014] Māori Appellate Court MB 394 (2014 APPEAL 394) [pdf, 377 KB]

   ...the 1894 Act, s 117 of the 1909 Act, s 48 of the 1913 Act or s 477 of the 1931 Act) then normally the roadway order was intended to be a separate freehold title. At a practical level that was because, if the roadway was first deducted from the parent title as a separate freehold parcel, then all owners in the land being partitioned shared equally in the burden of the loss of land to the roadway. However, if it was created as per a right of way easement over the partitioned titles the...

7. Taukamo v ACC [2014] NZACA 12 [pdf, 163 KB]

   ...Taukamo’s arrears of compensation under the 1982 Act back to ACC to address, particularly under s 80(3). By letter dated 12 April 1999, Ms Taukamo made a formal application for backdated attendant care under s 80(3). [3] ACC conducted an investigation through two senior claims managers, but did not obtain a medical assessment. ACC decided that Ms Taukamo did not qualify for the equivalent of constant (24 hour care) but accepted that her level of personal support/attendant care and c...

8. [2022] NZEmpC 192 E Tū Inc v Rasier Operations BV [pdf, 483 KB]

   ...2011). 5 Tripartite Working Group on Better Protections for Contractors Report to the Minister for Workplace Relations and Safety (December 2021). Determining employment status – a purposive approach applies [4] Employment status is the gate through which a worker must pass before they can access a suite of legislative minimum employment entitlements, such as the minimum wage,6 minimum hours of work,7 rest and meal breaks,8 holidays,9 parental leave,10 domestic violence leave,11...

9. Young-Adult-List-Operating-Guidelines2.pdf [pdf, 5.8 MB]

   ...functioning, neurodiversity (such as dyslexia, traumatic brain injury or foetal alcohol spectrum disorder) and social needs. The Young Adult List helps young adults by providing them pathways to address their offending and make positive changes through an Intervention Plan. If a young adult completes the actions on their plan, the judge will consider this at sentencing. Page 4 Page 5 Objectives of the Young Adult List The primary objective of the Young A...

10. Young-Adult-List-Operating-Guidelines.pdf [pdf, 5.8 MB]

    ...functioning, neurodiversity (such as dyslexia, traumatic brain injury or foetal alcohol spectrum disorder) and social needs. The Young Adult List helps young adults by providing them pathways to address their offending and make positive changes through an Intervention Plan. If a young adult completes the actions on their plan, the judge will consider this at sentencing. Page 4 Page 5 Objectives of the Young Adult List The primary objective of the Young A...