Search Results

1. [2018] NZEmpC 19 Kumara Hotel Ltd v McSherry [pdf, 333 KB]

   ...dismissal in the event the employment is terminated. Such trial periods can be particularly important for small and medium sized businesses, as they often face higher recruitment and dismissal costs relative to larger employers who have dedicated human resources departments. Small and medium sized businesses, therefore, face higher risks in taking a chance on a new employee. This Bill will provide opportunities for those who might suffer disadvantage in the labour market, for exampl...

2. Firmin v The Committee of Management of Atihau Whanganui Incorporation - Atihau Whanganui Incorporation (2016) 352 Aotea MB 233 (352 AOT 233) [pdf, 329 KB]

   ...Mr Firmin with the opportunity to address the hui-a-tau with his concerns. It might be sensible to do so. But any purported order of the Court to that effect might amount to an interference with the Incorporation’s right to manage its land and resources as it considers 16 [2010] Māori Appellate Court MB 566 (2010 APPEAL 566) 352 Aotea MB 249 appropriate, in the absence of any evidence of wrongdoing contrary to the Act...

3. Mitchell v Trustees of Pukeroa Oruwhata Trust - Pukeroa Oruawhata Trust (2003) 277 Rotorua MB 285 (277 ROT 285) [pdf, 1.2 MB]

   ...profitability but am persuaded that distributions to owners are but one measure of a Trust's performance. The success or failure of investment strategies is another. Growth in asset value, strategic positioning and selective expansion of existing resources are also relevant factors that should be taken into account in assessing overall performance, as the beneficial owners have done in endorsing the increase at two recent general hui. It will also be stating the obvious that payment...

4. Te Whiu v King - Panguru C9, C10 and C11(2016) 128 Taitokerau MB 100 (128 TTK 100) [pdf, 229 KB]

   ...associate with these lands. They also agreed that Patrick, Waru, and Tuha are all members of those hapū. [80] Pursuant to s 301 of the Act, a partition between owners who are members of the same hapū, is not subject to the provisions of the Resource Management Act 1991. However, in any such case, I must impose a restriction that the land shall not be sold otherwise than in accordance with s 304 of the Act. That restriction is appropriate and was accepted by Patrick as a nec...

5. Tukapua v Taueki - Horowhenua Block 11 (2012) 278 Aotea MB 172 (278 AOT 172) [pdf, 163 KB]

   ...approved by the Court. [34] This remains an urgent outstanding task that will need to be resolved as soon as possible, either by way of further hui or postal ballot or a combination of these options, taking into account the trust’s limited resources. In the interim, and in the absence of a current trust order, it may now be necessary for the Court to set terms of trust, pending yet another meeting of beneficiaries. It will be remembered that the previous trustees were set 27...

6. CAC20005 v Peng [2015] NZREADT 4 [pdf, 227 KB]

   ...Earl submits that this is a clear breach of her duty to act in accordance with her instructions and in the vendor’s best interest and licensees clearly have such obligations as has been discussed in the case Lac Minerals v International Corona Resource [1989] 61 DLR (4th) 14 at 36-37: “the ... facts giving rise to an obligation of confidence are also of considerable importance in the creation of a fiduciary obligation. If information is imparted in circumstances of confidence, and i...

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

   ...order is no more than [__] years and this may be succeeded to; where the proposed occupier is a whānau trust or a beneficiary of a whānau trust, the consent of the trustees of the whānau trust is obtained; the occupier must: obtain any necessary resource consent and/or building consent prior to building; and must build a dwelling on the occupation site within [__] year(s) of the licence or lease or occupation order being granting failing which the licence or lease or occupation order may...

8. Hawke v ACC [2013] NZACA 5 [pdf, 86 KB]

   ...set out in the application for leave to appeal, are applicable to applications before the Authority also. As is the caveat that Authority has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. [16] I was not referred to any case law in respect of the principles applicable to questions of public or general importance, however, in the present case, some of the public interest considerations discussed in cases involving...

9. [2014] NZEmpC 208 Hayne v ASG [pdf, 162 KB]

   ...during ASG’s appearance and took notes of the Judge’s findings. He obtained legal advice as to whether he would infringe the non-publication order were he to disclose ASG’s identity as the defendant in the District Court proceedings, to Human Resources (HR) and management personnel at the University. The University’s lawyer advised him that an employer could be said to be legitimately interested in the fact an employee had pleaded guilty to a serious charge relating to pre...

10. Mollett v Accident Compensation Corporation (Suspension of Weekly Entitlement and Delay) [2023] NZACC 112 [pdf, 263 KB]

    ...Corporation has fallen short in its handling of Ms Mollet’s issues. This Court has serious concerns that future prolongation of legal proceedings will not be in Ms Mollet’s interests or be a useful and efficient use of the Corporation’s time and resources. The Court therefore recommends to the parties to convene an in-person case management conference at which the parties clarify exactly what remaining claims and/or entitlements are being sought and on what basis, and discus...