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1. [2012] NZEmpC 83 George v Auckland Council [pdf, 95 KB]

   ...application, principally on the grounds that there was no conflict of interest which would disqualify the AC’s solicitors and counsel from continuing to act. An affidavit of Duncan Alexander Bremner, who held a number of positions in the human resources department of the Auckland Regional Council (ARC), now amalgamated into the AC, was filed in opposition. [3] Mr Drake relied on r 13.5.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules 2008 (the Rule...

2. [2012] NZEmpC 91 Ball v Healthcare of NZ Ltd [pdf, 132 KB]

   ...Relations Act 2000 (the Act). [2] The application was dealt with on the papers before the Authority. Ms Ball gave evidence in these proceedings. No evidence was produced by the defendant other than an affidavit from the current National Human Resources Manager for the defendant, Ms Brosnan. Ms Brosnan has no direct knowledge of the events in question and deposed that Ms Ball’s manager at the relevant time (Ms O’Connor) 1 AA...

3. Regulatory Impact Statement harmful digital communications [pdf, 56 KB]

   ...of how these are conveyed. 5. These offences generally involve a complaint to the Police and the Police then investigate the offence and bring charges. Investigating this type of criminal offending can often involve significant Police time, resources and technical expertise. Civil Law 6. Alongside the statutorily defined criminal offences, there are also a number of important common law wrongs that can give rise to civil causes of action. The harmful communication giving r...

4. [2008] NZEmpC AC 8B/08 Taylor Worldwide Publishers Ltd (In Liquidation) v von Tunzelman [pdf, 42 KB]

   ...Trust. Previous editions of Best of the Best were published by Worldwide Annuals Limited. Mr Taylor was responsible for sales and marketing for Worldwide Publishers Limited. Mrs Taylor dealt with administration, day to day finances and human resource issues. She described it as a very small family business. [13] It is not disputed that Mr von Tunzelman was employed to work on Best of the Best. However to determine the identity of Mr von Tunzelman’s employer it is necessary to...

5. [2008] NZEmpC WC 19A/08 Snowdon v Radio New Zealand Ltd [pdf, 45 KB]

   ...prior to and during the course of the substantive proceedings that was calculated and/or intended to conceal covert funding arrangements, financial mismanagement by the board and executives of the defendant and false allegations of financial and resource mismanagement made against the plaintiff. It then claimed that the defendant had been involved in a deceptive and dishonest course of conduct prior to and during the course of the disclosure process that was calculated an...

6. [2006] NZEmpC WC 22/06 South Taranaki Free Kindergarten Association v McLennan [pdf, 59 KB]

   ...her relationship with Ms Osman and Ms Nicholas, the board, and other staff members, she would be willing to go through a professional management process supervised by a third person as suggested by the board but is sceptical of the amount of resources and money that the association says this would take. [36] Ms McLennan sees her relationship with her former employer as purely administrative. She sees no reason why she should not be able to resume her employment without difficulty...

7. Falwasser v Olsen - Matata Parish 6A (2014) 107 Waiariki MB 74 (107 WAR 74) [pdf, 150 KB]

   ...trustees add they have undertaken a lengthy process in coming to their decision to enter into the lease which has included consultation with some of the beneficial owners. [4] At the outset I note that the applicant has referred to a number of resource consent issues. Those matters are outside the jurisdiction of this Court. The Court is also aware that matters in relation to the Waste Water Treatment Plant are proceeding through the Environment Court. It is understood that the...

8. Morrison - Te Kaha No.2C Block (2014) 105 Waiariki MB 183 (105 WAR 183) [pdf, 205 KB]

   ...understanding (“MOU”). That memorandum was to record issues such as respecting wāhi tapu, that the land would be inalienable, that the Teddy and McRoberts Whānau association with the homestead would be acknowledged and that access to customary resources for them would be permitted. [14] There was no cross-examination of the applicant based on her affidavit dated 5 November 2012, but Mr Kahukiwa made submissions and reiterated relevant points therein noting inter-alia that:...

9. ENVC Hearing 6Oct14 NPI Trust Morehu Wilson numbered [pdf, 994 KB]

   ...descendants of Rawiri Takurua of Ngāti Hura. Although the land at Matiatia Bay – particularly the Te Huruhi 11 Block Ahipao, and the Te Huruhi 12 Block, were systematically alienated from Ngāti Hura, Ngāti Paoa are still recognised through the Resource Management Act and Auckland Council as holding guardianship over these areas. 13. It is important to describe Ngāti Paoas’ interests in Waiheke through a summarised historical account of events linked to our occupation of W...

10. Joe Atama Adams Pomare Whānau Trust v Adams - Waiaua A1C (2014) 93 Taitokerau MB 253 (93 TTK 253) [pdf, 190 KB]

    ...described as “the balance of the risk of doing an injustice”. 9 8 Wellington International Airport Ltd v Air New Zealand Ltd HC Wellington CIV-2007-485-1756, 30 July 2008. 9 Cayne v Global Natural Resources plc [1984] 1 All ER 225. http://www.brookersonline.co.nz/databases/modus/lawpart/statutes/link?id=CASE%7eNZ%7eNAT%7eHC%7e2008%7e56884&si=57359&sid=b0dbl5pclgk5qvn1kwrxn7cxaew31k2b&hli=1&sp=bcase 93 Taitokerau M...