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1. Enduring Power of Attorney (EPA) In relation to property [docx, 104 KB]

   ...makes imprudent decisions or is subject to compulsory treatment or has special patient status under the Mental Health (Compulsory Assessment and Treatment) Act 1992. Out-of-pocket expenses Things that your attorney needs to pay for from their own resources in order to carry out their role, such as postage and stationery costs, bank fees, travel costs, telephone bills, and legal fees. These expenses do not include lost wages or payment for your attorney’s time. Personal care and welfare...

2. LCRO 72/2020 ZW v CB (29 September 2020) [pdf, 204 KB]

   ...noted at the hearing, he could not force the parties to mediate. [104] It is also clear from the file that Mr CB’s attempts to achieve a settlement for Mr ZW were frustrated by two obstacles which commonly impede the path to settlement: a well-resourced and competently represented opponent, and an opponent who appeared to be adopting delay and non-response as a litigation tactic. 17 [105] As matters progressed and the parties’ positions crystallised, it became clear that t...

3. [2007] NZEmpC WC 25/07 AFFCO NZ Ltd v Nepia & Anor [pdf, 82 KB]

   ...adopted in this case amounted to rough summary justice and in no way justifies the dismissal of the employees. A fair and reasonable employer in the circumstances would not have acted in this way. It did not follow its agreed processes. It had the resources to bring in a professional investigator and should have ensured that the investigation was properly conducted. Issue 2 [67] Mr King was designated decision-maker by those carrying out the investigation. This is n...

4. [2011] NZEmpC 127 Bishop v Bennett [pdf, 162 KB]

   ...This judgment is being delivered long after the hearing. That delay, and the resulting inconvenience to the parties, is regrettable. The principal reason for the delay is the Christchurch earthquakes, which have impacted heavily on the Court’s resources and on my availability to devote the time necessary to complete this judgment. Costs [66] Costs are reserved. Unless there is some factor of which I am unaware, Ms Bennet is entitled to a reasonable contribution to the costs s...

5. [2018] NZEmpC 4 Ioan v Scott Technology NZ Ltd t/a Rocklabs [pdf, 340 KB]

   ...some work, and what he saw as shifting timeframes. Rocklabs considers termination under the trial period [19] It was around this time that the engineering manager started discussing with other management and with the company’s human resources advisor the issues that were being seen with Mr Ioan. The engineering manager felt he was in a difficult position, but the view he reached, and supported by his colleagues, was that he should consider terminating Mr Ioan’s empl...

6. [2011] NZEmpC 160 Angus & McKean v Ports of Auckland Ltd [pdf, 154 KB]

   ...a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. (3) In applying the test in subsection (2), the Authority or the court must consider— (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employer...

7. Huata-Kupa v Tataraakina C -Tataraakina C Trust (2015) 40 Tākitimu MB 207 (40 TKT 207) [pdf, 244 KB]

   ...final settlement of the matter and allow the parties to move forward, in line with the objectives of Te Ture Whenua Māori Act 1993. If the Court was to refuse funding, Mr Kupa argued that Mrs Huata-Kupa would be forced to proceed without the resources to seek natural justice from the Court. [8] The initial estimate filed was for a special aid grant of $19,310.00, which Mr Kupa submitted was reasonable for a matter of this complexity. Invoices have subsequently been filed in the a...

8. [2019] NZEmpC 31 Talbot Agriculture Ltd v Wate [pdf, 495 KB]

   ...occurred. [48] In applying subs (2), section 103A(3) requires the Court to consider a number of factors. They are: (3) In applying the test in subsection (2), the Authority or the court must consider— (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employer had...

9. Waters v Alpine Energy Ltd (Discovery) [2014] NZHRRT 8 [pdf, 97 KB]

   ...the company would nevertheless have on record that applicant’s CV, work experience and the like. So while the original documentation may have been destroyed, the information (or much of it) would have been transferred into Alpine Energy’s human resources files. He submits it would be unusual were the company not to hold, for the successful applicant, that person’s CV, employment history, list of qualifications and experience and other information relating to the applicant being re...

10. [2007] NZEmpC AC 52/07 General Distributors Ltd v National Distribution Union [pdf, 91 KB]

    ...transferred to Foodtown Manukau on 16 July 2007. The remaining Manurewa employees working in online shopper roles, with the exception of 3 employees, transferred to Foodtown Sylvia Park on 23 July 2007. [10] Aston Moss, the General Manager Human Resources, employed by Progressive Enterprises Limited, the parent company of the plaintiff, gave evidence that in addition to the online shopping business that is being transferred, the plaintiff intends to transfer the remainder of the...