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1. Braniff – Motatau 2 Section 52B (2015) 111 Taitokerau MB 299 (111 TTK 299) [pdf, 196 KB]

   ...D2A. 4 [20] More importantly, and as set out above, there are no objections to this two-step approach. 4 Larkins v Kaitaia – Waihou Hutoia D2A [2013] Māori Appellate Court MB 189 (2013 APPEAL 159). 111 Taitokerau MB 304 [21] Turning then to the whānau trust, it is clear that all of Mate’s children agree that the shares should be vested into a whānau trust. Moerangi and Fiona have raised concerns over the terms...

2. Auckland District Law Society v Parlane [2010] NZLCDT 26 [pdf, 81 KB]

   ...the profession in terms of its reputation and integrity. [25] Mr Parlane has a previous disciplinary record. Mr Parlane attempted to explain it away on the basis that the earlier disciplinary decisions were wrong, or that he only withdrew his appeals relating to findings against him in respect of 1 Section 3 Lawyers and Conveyancers Act 2006 6 those charges because he did not want to prolong matters. The matters occurred som...

3. [2007] NZEmpC WC 29/07 Hawkins v Commissioner of Police [pdf, 91 KB]

   ...New Zealand Fisheries Ltd v Napier City Council CA173/88 and CA199/88, 24 November 1989 as referred to in Harman & Co Solicitor Nominee Company v Secureland Mortgage Investments Nominees Ltd [1992] 2 NZLR 416, 421 5 [2002] 2 ERNZ 340 Appeal decisions in Commissioner of Police v Cartwright6 and Attorney-General v B7 to support this submission. However, these need to be read in the context of the relevant statutory scheme. [22] By s87 of the Police Act 1958, the personal...

4. [2022] NZIACDT 3 - IL v Khetarpal (10 February 2022) [pdf, 140 KB]

   ...been born in New Zealand, were here on temporary visas. [5] Ms Khetarpal, a licensed immigration adviser, was a director of Ivisas Ltd, of Auckland. This company is now in liquidation. Her licence had been cancelled on 16 February 2016. On appeal to the District Court, it issued an interim order on 22 March 2016 allowing her to practice subject to supervision, including a condition that she inform her clients that she was providing advice pursuant to an interim order. That int...

5. [2022] NZEmpC 128 Straayer v Employment Relations Authority [pdf, 243 KB]

   ...exercise of its powers regarding the admissibility of evidence.4 [22] A further legal point relates to the question of whether the Court should exercise its power under reg 45(2) of the Regulations to inspect the document. [23] The Court of Appeal has made it clear that inspection should never occur “as a matter of automatic practice”.5 The Court should typically be in “real doubt” before doing so.6 3 Financial Markets Authority v Hotchin [2014] NZHC 2732 at [57]....

6. [2022] NZEmpC 106 Soapi v Pick Hawke’s Bay Inc [pdf, 209 KB]

   ...[2016] NZEmpC 167, [2016] ERNZ 552 at [57]. period at the beginning of the season. On Mr Oldfield’s analysis these deductions cannot be made lawfully. [23] Sections 6 and 7 have been considered in different contexts in the Court of Appeal, but the submission was that there has been no authoritative decision on the relationship between them.11 [24] The third question was about s 7(1) of the Minimum Wage Act providing for deductions from wages for accommodation and in p...

7. [2016] NZEmpC 123 Henderson v Nelson Marlborough District Health Board [pdf, 229 KB]

   ...happened at the meetings of 22 August 2014 and 11 September 2014, and the consequences of what happened. There is no disagreement about the legal test to apply. [42] In Auckland Shop Employees Union v Woolworths (New Zealand) Ltd the Court of Appeal described three non-exhaustive situations where constructive dismissal may occur: 3 1. An employer gives an employee an option of resigning or being dismissed; 2. An employer has followed a course of conduct with the deliberat...

8. Kerr v Stewart - Maketu A102 (2012) 58 Waiariki MB 3 (58 WAR 3) [pdf, 168 KB]

   ...the Trust Order but requires the Court to have regard to the ability of the proposed trustee and the acceptability of the person to the beneficiaries. The Order appointing these present trustees has not been the subject of any judicial review or appeal and I decline to take this issue any further. [12] The third ground of the application is: “To the extent that the Applicant does not prove a lease a licence the trustees should be estopped from evicting the Applicant or such furth...

9. AAJ and AAK v ZZR [2012] NZDT 2 (28 September 2012) [pdf, 99 KB]

   ...any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to the supply or acquisition of goods or services or the to the disposition or acquisition of any interest in land”. [36] In the Court of Appeal case of Body Corporate 202254 v Taylor [2009] 2 NZLR 17 (CA), it was found that a person does not need to be trading in a personal capacity to be considered “in trade” and that an employee, agent or director of a company may be pers...

10. NQE v Tan [2013] NZIACDT 37 (13 June 2013) [pdf, 195 KB]

    ...Philippines. [2] The complainant approached the practice where Ms Tan works, and entered an agreement with Ms Tan to provide immigration services. The agreement referred to lodging an expression of interest, a residence application, and potentially an appeal in the event of an adverse decision. [3] The complainant was not satisfied with how Ms Tan’s practice was conducted. He said: [3.1] The agreement he had with Ms Tan did not set out the arrangements between them in a satisfactory...