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1. [2009] NZEmpC AC 22/09 EBIIWU & Ors v Carter Holt Harvey Ltd [pdf, 42 KB]

   ...company’s negotiation team had created electronically and updated progressively a form of collective agreement that recorded the state of the bargaining. After each negotiating session, this was updated electronically by the company’s human resources manager, using the Microsoft “tracked changes” tool and sent by email to the negotiators including those for the union. This enabled the parties to the negotiations to see and verify changes made in the collective agreement cr...

2. [2006] NZEmpC WC 26/06 Farmers Transport Ltd v Kitchen [pdf, 47 KB]

   ...new manager. [25] I conclude that Mr Kitchen’s dismissal was substantively unjustified because his position was not surplus to his employer’s needs. [26] In considering the question of procedural fairness, I take into account the size and resources of the employer. Farmers Transport is one of a large group of companies. It has a number of branches and many staff and its executive officer had the advice of HR advisers. In those circumstances it is not unreasonable to expect...

3. Summit v REAA & Lewis [2011] NZREADT 38 [pdf, 108 KB]

   ...number of matters to his submissions made with a view to reduction of penalty as follows: “(i) the Authority agreement was entered into by Summit and the trustees very soon after the REAA 2008 became law; 5 (ii) considerable time and resources had been expended by Summit to ensure compliance with the new Act. Mr Naider referred in his documentation provided to CAC to over $20,000.00 having been spent; (iii) the non-compliance by Summit with the new statutory requir...

4. Parker - Pt Waipahihi 2B2B Roadline (2012) 52 Waiariki MB 295 (52 WAR 295) [pdf, 120 KB]

   ...part of the roadway. Thus, I may deal with the roadway in more than one part, effectively subdividing it. I confirm my earlier view 5 that I can subdivide the roadway as part of my powers of cancellation without the need to have regard to the Resource Management Act 1991 (“1991 Act”). The power of subdivision is inherent in s 323(1) and, as per s 11(2) of the 1991 Act, the restrictions on subdivision contained in that Act do not apply to Māori land unless it is provided for...

5. Taueki v The Trustees of Horowhenua 11 (Lake) Trust (2011) 274 Aotea MB 191 (274 AOT 191) [pdf, 107 KB]

   ...9 McMillan – Lake Horowhenua Trust (1993) 13 Aotea Appellate MB 333 (13 WGAP 333) 10 Taueki – Horowhenua 11 (Lake) 163 Aotea MB 99 (163 AOT 99) 274 Aotea MB 198 time, energy and resources, dealing with proceedings before this Court. It is difficult to see how this continuing conduct is in the interests of the trust and its beneficiaries. [28] I also note the response of Ms Taueki and her supporters, that, but for the a

6. Hiroki v Hiroki - Tikitiki B13C1A (2011) 17 Tairawhiti MB 54 (17 TRW 54) [pdf, 124 KB]

   ...interfering with Joseph’s occupation on Tikitiki B13C1B – Taurapa; 17 Tairawhiti MB 60 Other members of the whānau contributed money for the bach which went into the whānau bank account; Other whānau members contributed in human resource terms to the erection of the building, for example Joseph Hiroki; The applicant fails to accept that the building has been erected on the wrong block, Tikitiki B13C1B – Taurapa. [18] At the first hearing of the application, th...

7. Te Pairi v Whakatane District Council - Tahora 2AD2 and Omuriwaka (2011) 33 Waiariki MB 48 (33 WAR 48) [pdf, 89 KB]

   ...land, to be Council road reserve. 3. The movement of the boundaries is substantially more than the estimated accuracy of 1 metre. In fact [they] have moved apparently at least 50 metres. 4. The Council‟s intention to use Section 330 of the Resource Management Act 1991 Emergency Powers is without grounds; as there is no critical need for a new road formation, nor are there likely to be any adverse effects on the environment which requires immediately preventative or remedial...

8. CAC10017 v Xu [2013] NZREADT 16 [pdf, 46 KB]

   ...Thompson. The listing price for the property was $650,000. The licensee was provided with concept drawings for the development and advised that if the property was sold at the listing price 3 Northcorp would obtain the necessary building and resource consents to enable the new purchaser to proceed with the development. Later the same day, 24 August 2007, the licensee presented an offer from Tauroa to Northcorp to purchase the property for $650,000. In doing so, the licensee did...

9. Strike-Out Application Adams v REAA CAC 20009 & Ors [2014] NZREADT 34 [pdf, 44 KB]

   ...of parties concerned: “The vendors, proposed copyrighted, architectural plans ...” (The vendors were the registered proprietors, Mr Adams and Mr Rodriguez who appears to be a co-trustee) “The building consent plans, the copyright, and the Resource Consent legally belonged to myself ...” “Grant Adams did not assign any rights to Yan Yu to on sell the copyright plans ...” “There is no clause allowing Barfoot & Thompson to offer for sale the copyrighted material of...

10. Nairn v Peebles LCRO 109 / 2010 (14 December 2010) [pdf, 100 KB]

    ...carrying out a due diligence investigation of the property including (but not limited to) an investigation of the following: 1. The Certificate of Title; 2. any leases or other rights to occupy grounds in respect of the property; 3. the Planning and Resource Management requirements and constraints affecting the property, including zone, reticulation of services and roading, etc. [23] It may be argued that the enquiry about the identified title ought to have raised a question in t...