Search Results

1. CEIT Homeowners Guide [pdf, 1.4 MB]

   ...the Tribunal, but they must take part in the process. • Hearings are broken down into separate events held on different days. • The Tribunal can compel people to provide evidence. • Tribunal decisions are binding and enforceable but may be appealed to the High Court by either party. • The Tribunal will make binding and enforceable decisions based on existing and relevant insurance contract terms. • The Tribunal is inquisitorial and can investigate the facts of a case. It w...

2. [2016] NZEmpC 91 Khurana v Singh [pdf, 100 KB]

   ...plaintiff will be unable to pay the costs of the defendant if the plaintiff is unsuccessful in the proceedings, then the Judge may, if he or she thinks it just in all the circumstances, order the giving of security for costs. [17] The Court of Appeal in McLachlan Ltd v MEL Network Ltd when dealing with r 5.4 of the High Court Rules stated: 8 [15] The rule [for security for costs] itself contemplates an order for security where the plaintiff will be unable to meet an adverse aw...

3. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 1 [pdf, 283 KB]

   ...imposition of a duty of care. [77] The effect of incorporation of a company is that the acts of its directors are usually identified with the company and do not necessarily give rise to personal liability.7 However, as noted by Wylie J in the appeal decision in Chee v Stareast Investment Limited,8 the concept of limited liability whilst relevant is not decisive. In particular, limited liability is not intended to provide company directors with a general immunity from tortious...

4. [2015] NZEmpC 216 Roy v Tamaki College Board of Trustees no 3 interlocutory [pdf, 151 KB]

   ...adverse reporting of Mr Roy’s allegations. [20] The defendant cannot and does not oppose publication of information relating to Mr Roy’s case once the Court has made a decision which will itself become a public document. Subject to rights of appeal, the judgment will be the last word in deciding what happened leading up to Mr Roy’s resignation and the consequences in law of that. The defendant submits, in effect, that the Court’s conclusions in a judgment will be from a...

5. [2021] NZEmpC 231 A Labour Inspector of the Ministry of Business, Innovation and Employment v JDFOODS Ltd [pdf, 242 KB]

   ...considered it carefully. The respondents have denied that there are arrears of minimum entitlements, and that there could be a personal liability on the part of either of the directors. [33] I note that on 20 December 2021, the Court of Appeal issued a judgment with regard to the threshold as to the degree of knowledge required for a pt 9A application against directors of a company.8 That court held that the level of knowledge required to establish liability for a person...

6. 20231124-AG-BIM_Redacted_FINAL.pdf [pdf, 479 KB]

   ...introduced in 2022.1 –––––––––––––––– 1 This obligation arises under section 7A of the Bill of Rights Act. The Attorney-General must also notify the House where the Human Rights Review Tribunal, or a senior court on appeal from the Tribunal, declares an enactment to be inconsistent with the right to be free from discrimination (section 19 of the Bill of Rights Act) under the Human Rights Act 1993. 8 To date this process has been used once, fol...

7. I Add or Remove a Class Individual Licence or COA [pdf, 661 KB]

   ...centre under section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for...

8. [2011] NZEmpC 169 Kim v Thermosash Commercial Ltd [pdf, 126 KB]

   ...2 Section 26(1)(b). 3 [2001] ERNZ 647 (CA). 4 [2003] 3 NZLR 787, 791 (CA). [22] A distinction must accordingly be drawn between injury which is covered and injury or loss which is not. In Attorney-General v B the Court of Appeal held: 5 We accept that in principle an employer may be liable for breach of duties to an ill or injured employee. There may, for example, be discriminatory conduct towards an injured employee; or in a case like Bint the method of di...

9. Martin - Estate of Jackie Te Ratu Tio - (2013) 305 Aotea MB 1 (305 AOT 1) [pdf, 126 KB]

   ...until a memorandum was issued on 14 July 1992 by Judge Marumaru stating that despite counsel’s submission, he saw no reason to change his final view, and that “the appropriate course now is for the Court to make a final order against which an Appeal can be lodged”. 5 The Court requested the Registrar investigate and report on the issue of the predecessor in title to Whānaupani Tio. Judge Marumaru indicated that the Court would then either make an order or set the matter do...

10. Cooper v Cooper - Motatau 2 Section 22D (2015) 118 Taitokerau MB 184 (118 TTK 184) [pdf, 182 KB]

    ...of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. (3) Any injunction made by...