Search Results

1. [2008] NZEmpC WC 18/08 Arthur D Riley & Co Ltd v Wood [pdf, 67 KB]

   ...[42] The status and enforceability of internal employment policies and house rules has been the subject of a number of previous decisions some of which were referred to by Mr Vincent. The approach taken by the Court and endorsed by the Court of Appeal in an analogous case Sky Network Television Ltd v Duncan2 is that the ultimate question is not whether there was wilful disobedience to a lawful and reasonable instruction but rather whether the conduct of the worker justified dismiss...

2. AQ v ZI LCRO 105 / 2010 (11 February 2011) [pdf, 106 KB]

   ...addition, Duncan Webb in his publication entitled “Ethics, Professional Responsibility and the Lawyer” (2nd Edition) at page 388 refers to the decision of Kirk v Vallant Hooker & Partners [2000] 2 NZLR156 and opines:- “While the Court of Appeal in Kirk v Vallant Hooker & Partners was cautious and did not say the departure from an estimate renders the bill of costs unreasonable, it is submitted that this may be the case. An estimate is a representation that costs will be...

3. Annexure 1 - The Law [pdf, 230 KB]

   ...being made does not prevent the persons hearing the submission on a proposal from having regard to the matters stated in s 32.36 [44] The leading decision on challenging a s 32 Report, is Kirkland v Dunedin City Council.37 Here the Court of Appeal was considering challenges made under s 32(3); the Act was subsequently amended in 2003.38 Nevertheless, the Court’s observations remain pertinent; namely a submitter may legitimately seek to bolster their attack on the provisions by...

4. Savage v Adlam – Lot 39A Sec 2A Parish of Matatā (2014) 95 Waiariki MB 176 (95 WAR 176) [pdf, 561 KB]

   ...authorised by the joint venture. 95 Waiariki MB 193 [57] In Chirnside v Fay, Tipping J stated that the onus is “on the errant fiduciary to satisfy the Court that an allowance should be made”. 20 This approach was also taken by the Court of Appeal in Crampton-Smith v Crampton-Smith [2011] NZCA 308. On the issue of an allowance, the Court stated: 21 Here, the value of the improvements to the land effected by the construction of the townhouses accrues to the benef...

5. ZQI v DI [2013] NZIACDT 70 (24 October 2013) [pdf, 170 KB]

   ...referred to the Tribunal by the Registrar under section 48: (b) to make decisions as to whether an immigration adviser's licence should be suspended under section 53 pending a final decision in regard to a matter involving a licensee: (c) to hear appeals against— (i) a decision of the Registrar to cancel the licence of an immigration adviser under section 27; or (ii) a determination by the Registrar to reject a complaint under section 45(1)(b) or (c) as not disclosing a gro...

6. IV v DD & Ors LCRO 272/2012 (1 March 2016) [pdf, 81 KB]

   ...Penalty [62] The Standards Committee censured Mr IV, imposed a fine of $500, ordered him to pay costs of $500 and to reduce his fees to $9,500 plus GST. I will address each of these. Censure [63] A censure has been described by the Court of Appeal as:18 a formal or official statement rebuking a practitioner for his or her unsatisfactory conduct. A censure or reprimand, however expressed, is likely to be of particular significance in this context because it will be taken into accou...

7. Smitheram v Hanns [2010] NZWHT Wellington 24 [pdf, 483 KB]

   ...relates to the liability of an architect in regards to a practical completion certificate. However it is noted that the High Court‟s finding that the architect was not liable for the issue of the practical completion certificate was reversed on appeal.8 [140] Smith v Eric Bush was a case considering a duty to take care under the Unfair Contract Terms Act 1977 (UK). It was held that the valuer owed the mortgage applicants a duty of care even if the mortgage applicants had ag...

8. [2010] NZEmpC 90 NZ Fire Service Commission v Warner & Ors [pdf, 60 KB]

   ...problem. It is “any other problem relating to or arising out of an employment relationship”. The expansive rather than restrictive interpretation of the phrase “relates to” in this legislation has been recently reaffirmed by the Court of Appeal in Haig v Edgewater Developers Ltd & Ors (No 2).8 [36] I conclude that s 161(1)(r) gives the Authority exclusive jurisdiction to make determinations about an employment relationship problem between these parties and, in particul...

9. Te Onetu Pihama Incorporation (2011) 266 Aotea MB 20 (266 AOT 20) [pdf, 145 KB]

   ...a custodian trustee. (5) For every trust constituted under this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [28] Recently the Court of Appeal in Clarke v Karaitiana considered the application of this section and the breadth of this Court’s discretion on whom to appoint and the basis for so doing. 12 That Court affirmed the principle that the discretion to appoint is not un...

10. Mansell - Haparangi A4 (2005) 288 Rotorua MB 9 (288 ROT 9) [pdf, 808 KB]

    ...of education, relief of poverty, promotion of health and maintenance of culture amongst Ngati Wahiao." It must now be considered that descent based tribal trusts are public enough in nature to be charitable given the decision of the Court of Appeal in Latimer v Commissioner of Inland Revenue [2002] 3 NZLR 195 (per Blanchard J at p208). By the terms of clause 2.4, preference is to be given to the owners and former owners of Haparangi A4 and their descendants, but this does not defea...