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1. [2014] NZEmpC 157 Howard v Carter Holt Harvey Packing Ltd [pdf, 121 KB]

   ...days; if the amount is unable to be agreed, leave is reserved to either party to apply for further directions. [100] Mr Howard is also entitled to an award of compensation for humiliation, distress and injury to feelings in the sum of $3,000. [101] The application for an order of reinstatement is dismissed. [102] Costs are reserved. I express the preliminary view that Mr Howard should receive a contribution to his costs. This topic should be discussed directly between...

2. Gray v Tulip Holdings Ltd [pdf, 176 KB]

   ...service to its developer client, Melview Ponderosa Limited (Melview). There is no evidence that Melview was dissatisfied with the plans and specifications prepared by Brown Day or that Brown Day otherwise breached its contractual obligations. [101] NZS 3604 1990 (the version of the standard applicable at all material times) provided at clause 2.7 of Section 2 – General, under the heading Building Consent Applications: 2.7.1 Together with every application for a building co...

3. The Treaty of Waitangi Past and Present Resource [pdf, 21 MB]

   The Treaty of Waitangi PAST AND PRESENT A resource for primary schools CONTENTS Section 1 AOTEAROA THE WAY IT WAS Section 2 THE ARRIVAL OF pAKEHA Section 3 THE SIGNING OF THE TREATY OF WAITANGI Section 4 WHAT HAPPENED AFTER THE TREATY WAS SIGNED? Section 5 WHAT THE TREATY MEANS TODAY GLOSSARY ,I THE TREATY OF WAITANGI PAST & PRESENT A RESOURCE FOR PRIMARY SCHOOLS Members of the Waitangi Tribunal at a hearing - Josie Anderson, Bishop Manuhuia Bennett (Tr

4. OIA-94638.pdf [pdf, 7 MB]

   ...from murder to (respectively) manslaughter or infanticide. 9. I am recommending the repeal of both partial defences, for the reasons given below. Partial defences generally 10. Partial defences are legally anomalous for the following reasons: 10.1. A whole range of factors may reduce a defendant's culpability in homicide cases. It is neither practical nor possible to devise partial defences to recognise every worthy mitigating circumstance. 10.2. Singling out only a few partial...

5. Ruapuha Uekaha Hapu Trust - Hauturu East 8 Block (2008) 134 Waikato MB 3 (134 W 3) [pdf, 10 MB]

   ...where the vety nature of the !lust that is being set up is the issue before the beneficial owners. The constitution of a !lust is the province of the settlcir(s)/owner(s) of the assets being placed in trust, not the decision of the trustees. [101] If the !lust is to become a comprehensive trust and to grow its business, there will be times when important decisions will be made by the trustees as to the direction of future investment and business development. As the Maori Appellate...

6. 04.-Evidence-of-Ms-Siobhan-Karaitiana-Muaupoko-Tribal-Authority.PDF [PDF, 656 KB]

   ...avoided or minimised and, where they were impacted, their enhancement has been provided for by the ecological and natural character effects management packages identified in the CEDF27 and conditions REM7, REM8, REM9, REM11 and REM12. 27 Page 78-101 of the Consent Version CEDF: Volume 2, Appendix 3 - Cultural and environmental design framework consent version (nzta.govt.nz) https://www.nzta.govt.nz/assets/projects/o2nl-proposed-new-highway/consent-applications/Vol-2-Appendix-3-Cult...

7. LCRO 3/2024 RP v TG (21 May 2024) [pdf, 262 KB]

   ...electronic diary system in which condition dates and other conveyancing-related milestones are colour-coded. The colour codes automatically change when a diaried date passes. The respondent’s evidence was that the diary system is checked daily. [101] Despite this system, the respondent’s own evidence is that the expiry of the six- month period did not trigger any communication by the firm to the applicant. I find this surprising. At the least, I would have expected to see an ema...

8. FV Reform Paper 2 Civil Law [pdf, 558 KB]

   ...from filing complaints about breaches, and may contribute to a perception that breaches are not responded to consistently. I do not consider that the consequences of a proven complaint are so serious that a criminal standard of proof is required. 101. I therefore propose specifying that complaints of breach of PSOs are to be proven to the civil standard, on the balance of probabilities. This clarification will simplify the pathway to protection orders and support Police to file complain...

9. Waal v Accident Compensation Corporation [2016] NZACA 05 [pdf, 291 KB]

   ...considered this impairment to be permanent. [100] There is an initial medical assessment (11 May 2009) from Dr Randall Sturm. The diagnosis was of chronic pain syndrome. In the doctor’s opinion, no type of work was medically sustainable. [101] Dr Chris Beer (16 June 2014) noted that there had been significant post- operation infections in the early records. He discussed with Mr de Waal how severe inflammation might have affected him. CASE ON APPEAL [102] Mr de Waal or...

10. Chaudhary v CAC 414 [2019] NZREADT 24 (7 June 2019) [pdf, 293 KB]

    ...denying the existence of an agreement reached with Mr Rajan as to the commission payable on the sale of the property, and failing to honour the agreement, was clearly a failure to act in good faith and a failure to deal fairly with Mr Rajan. [101] Mr Chaudhary’s conduct was also conduct that was likely to bring the real estate industry into disrepute, and thus a breach of r 6.3. We accept Ms Mok’s submission that Mr Chaudhary’s failure to honour the commission agreement, an...