Search Results

1. Quaife – Part Whakapoungakau 1B3G Roadway (2015) 127 Waiariki MB 171 (127 WAR 171) [pdf, 219 KB]

   ...intersect the applicants’ boundary of Lot 2 DPS 9908 and would therefore provide Lot 2 DPS 9908 with legal frontage to Glenroy Place. Mr Sewell asserted that this is evidenced by the original scheme plan of the subdivision submitted as part of the resource consent and approved by the Rotorua District Council. He also referred to plan DP 361992 which legalised the subdivision. Mr Sewell argued that the Māori land plan ML 332881 defined a boundary that was different to the propose...

2. [2013] NZEmpC 158 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 102 KB]

   ...was required. [12] On 9 January 2012, ACC declined the plaintiff’s claim and the plaintiff became aware that the defendant had not returned the employer questionnaire to ACC. He contacted the mediator who contacted the defendant’s Human Resources Manager on 10 January 2012. She arranged for the questionnaire to be sent to ACC that day. ACC then reviewed the plaintiff’s claim in light of the answers given in the questionnaire and confirmed its decision to decline the claim...

3. [2015] NZSSAA 026, 20 April [pdf, 69 KB]

   ...had separate bank accounts, that is not an unusual arrangement in this day and age, particularly for an older couple who are used to managing their own finances. [43] It is apparent that the appellant and XXXX continued to share their financial resources after XXXX began caring for her father. We consider that the evidence discloses a significant degree of financial interdependence between the appellant and XXXX in the period 3 August 2012 to 19 May 2013. Emotional commitment [44] T...

4. [2015] NZEmpC 39 Scarborough v Micron Security Products Ltd [pdf, 126 KB]

   ...products. The anticipated increase, which had led to Miss Scarborough’s appointment, did not eventuate. Rather there was a downturn in demand. Mr Weston spoke to Mr Palwankar about the situation and he confirmed that the factory would be over-resourced from the start of 2014. It is noteworthy that, at the relevant time, Miss Scarborough herself had identified a decline in production. While it is apparent that she has consistently attributed that to industrial sabotage, it is...

5. Waimana 1C1A2B2 Trust v Tuna – Waimana No 1C No1A No2B No2 (2013) 76 Waiariki MB 19 (76 WAR 19) [pdf, 159 KB]

   ...cattle stop so that he would not have to open and close gates when accessing the land. Mr Melville refused. In order to appease the parties involved, the Trust offered to pay for the cattle stop to be installed provided Mr Tuna looked into what resources would be required. [16] Matters deteriorated further between the two men, and a trespass notice was issued against Mr Tuna by Mr Melville. Mr Melville subsequently vacated the land, and refused to pay rent until this matter was re...

6. Song v CAC 20008 & Clement [2014] NZREADT 54 [pdf, 55 KB]

   ...Those clauses are fairly standard but gave ample protection to the Complainant and his wife as purchasers in the context of this case. There were four clauses giving the purchasers 10 working days to have their solicitor approve title, town planning, resource management matters, and a LIM report; arrange finance; obtain “a Building Report/Structural Engineer’s Report”; and obtain satisfactory comprehensive insurance for the dwelling. There was the said further condition that the c...

7. [2013] NZEmpC 188 Hook v Stream Group (NZ) Pty Ltd [pdf, 124 KB]

   ...he intended to ‘re-open and discuss’ the earlier warning. In the event, he took no steps to do so. [15] Mr Hook attended the 3 August meeting with his support person, Mr Llewellyn. A record of the meeting was made by Mr Reichel, the Human Resources Manager. Ms Watts and Mr Boehmer also attended the meeting. Ms Watts gave evidence that the meeting was conducted in a professional manner although it became tense at times. Mr Hook described the meeting in different terms. He...

8. SD v AE & BE LCRO 229/2013 (21 August 2014) [pdf, 67 KB]

   ...reasons were: (i) Lack of confidence in the prospect of being able to recover. (ii) A desire to avoid being embroiled in further disputes with Mrs SD. (iii) A practical decision to ‘cut their losses’; rather than expend further time and resources pursuing the outstanding fees. [41] The E’s decision not to pursue the fees is of course a matter for them. I do record however that I had formed the view that the reasons advanced by the Es for adopting what, on its face, pres...

9. Baigent v ACC [2014] NZACA 18 [pdf, 58 KB]

   ...where, “for any ... reason”, there is a question which ought to be submitted to the High Court, including by reason of its general or public importance. [38] In exercising its discretion, the Authority is mindful of the proper use of the scarce resources of the High Court. Leave is not given as a matter of course; O’Neill at [25]. [39] Such an applicant seeks an indulgence, so the onus rests on him or her to 9 satisfy the Authority that, in all the circumstances, t...

10. Pirika v Eru - Te Ngae Farm Trust [2013] Māori Appellate Court MB 127 (2013 APPEAL 127) [pdf, 151 KB]

    ...can be summarised as follows: (a) The issue is one of interpretation of the trust deed, not a statute and therefore the Interpretation Act 1999 does not assist; (b) Judge Coxhead was correct to find that the lands were held on trust as a tribal resource. This was consistent with the nature of the whenua topu trust which is a trust for community purposes rather than for individual purposes; (c) It was common ground that other hapū could not have a beneficial interest as hapū...