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...dealt with at the same time as the removed proceeding in ARC 23/12. The evidence 7 At [94]. [17] I found in my substantive judgment that the plaintiff was interviewed by Marie Park, the Human Resources Manager of LSG, on 23 February 2011. 8 The plaintiff’s name had appeared on a list of persons who had elected to transfer to LSG. The plaintiff and three others were represented by Mr Mann who advised Ms Park that he was bei...
...Company failed to provide Mr Dalley with a written employment agreement as required by s 63A(2) of the Act. There was, however, no evidence that this failure was wilful or that it had any adverse consequences for Mr Dalley. The Company has limited resources and its culpability with respect to this breach of the Act was minimal. In all the circumstances, and having regard to the fact that remedies are being awarded against the Company for the unjustifiable dismissal, I decline to...
...Māori communities to share ownership of problems and develop solutions together. Māori Wardens 31. Te Puni Kōkiri and New Zealand Police have worked together since 2007 to expand the support for Māori wardens, including training and better resources for their work. Māori wardens work in their communities to promote community safety, prevent offending and intervene early to de-escalate problems, working closely with Iwi Liaison Officers in New Zealand Police. Since 2007,...
...opening of a hearing about the Court’s time being taken up with an appeal from an interlocutory decision. To the contrary, it is to be expected. 20 However, notwithstanding Justice Cooper’s initial reservations concerning the use of judicial resources, the issue for determination by the Court was one of substantial importance to the industry, and the decision in House v Real Estate Agents Authority [2013] NZAR 1136 has provided useful guidance, as indicated by the fact that it has...
...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...
...Māori Appellate Court granted a change of status where an elderly widower with a life interest in a remote holiday property had, with the agreement of the remaindermen, agreed to sell the land. The widower no longer had the energy or financial resources to keep the land and improvements in good order and the remaindermen did not have the ability or wish to maintain and use the property. A sale had been arranged conditional upon a change of status of the land and the creation of a...
...reference to C A Auld, the respondent. For some of the tax invoices there are accompanying cover letters, however they do not relate to these proceedings but rather to parallel work which was being undertaken involving a subdivision, the obtaining of resource consents and the possible sale of the property. Given that Judge Milroy’s decision was released in November 2004 and the compensation determination was not revived by the parties until 2013, I consider that whatever work was...
...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...
...Again, we can only agree with those submissions of Mr Rea. [20] Mr Rea submits that the core of this matter concerns a dispute over real estate commission charged five years ago. He referred to the dispute having already consumed extensive judicial resources with three days in the District Court, a High Court appeal, and a Complaints Assessment Committee determination. 11 [21] Mr Rea submits that the appeal is frivolous, vexatious and an abuse of process; that the allegat...
...side, S himself and a partner in the firm of lawyers representing him in the criminal proceedings and, probably also, representing him in his employment relations dealings with L Limited. For L Limited, present were a General Manager, a Human Resources Manager, and counsel for the defendant in the present proceedings, Mr Harrison. [34] Mr Harrison’s subsequent letter to S’s solicitors dated 20 May 2013 (which appears to have a typographical error when it refers to the meeting...