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1. Singh v Singh and Scorpion Liquor (2006) Ltd [2016] NZHRRT 38 [pdf, 274 KB]

   ...Denyer v Scorpion Liquor (2006) Limited [2012] NZERA Auckland 448 5392831, 11 December 2012. 12 employees to sign the entries about them or confirm their hours because the diary was for his use only. [52] He accepted that he did not appeal either decision. Like his mother, he said the reason the wage arrears were not paid for 20 months was that his funds were frozen by the restraining orders. [53] Shane Singh said he assumed that all the mail delivered to Scorpion...

2. Cabinet Paper Reforming the Privacy Act 1993 [pdf, 360 KB]

   ...make recommendations and has limited ability to act where wider concerns with systems or procedures are identified or where organisations are unwilling to comply. 61. There will be procedural safeguards, including natural justice, and the right to appeal to the Tribunal. There will also be statutory considerations to help ensure the compliance notice is proportionate, such as the number of people affected, any other possible means of securing compliance and the scale of investment requi...

3. Morehu v Māori Trustee - Tokerau A14B2 (2007) 313 Rotorua MB 256 (313 ROT 256) [pdf, 6.7 MB]

   ...Rotorua MB 271 being held on resulting trust. According to Garrow & Kelly in the case of an inter vivos trust there will be a resulting trust to the settlor, para 14.15.3 . [24] The concept of the resulting trust was considered by the COUlt of Appeal in the decision Potter v Potter [2003] 3 NZLR 145. Fisher J, at p152, confirmed that the essence of a resulting trust in that a person providing or contributing to the purchase price of propelty conveyed paltly or wholly into the na...

4. Tuson - Mangamuka West 3B2A (2018) 168 Taitokerau MB 17 (168 TTK 17) [pdf, 2.1 MB]

   ...A1) (2013) 70 Waiariki MB 272 (70 WAR 272); Māori Trustee v Forde – Section 186 Block V Longwood Survey District (2013) 17 Te Waipounamu MB 153 (71 TWP 153). 168 Taitokerau MB 36 [67] In Kingfish Lodge (1993) Ltd v Archer the Court of Appeal upheld the decision that the land in that case was not landlocked, as physical access was available by sea.28 The Court of Appeal did note however that the land could still be landlocked if its physical access failed to meet the natu...

5. [2022] NZEmpC 78 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 409 KB]

   ...[7]. 16 Aviation and Marine Engineers Association Inc v Air New Zealand Ltd [2013] NZEmpC 172 at [71]−[72]; New Zealand Airline Pilots’ Association Inc v Air New Zealand Ltd [2014] NZEmpC 168, [2014] ERNZ 709 at [14] and [17]; not doubted on appeal – Air New Zealand Ltd v New Zealand Air Line Pilots’ Association Inc [2016] NZCA 131, [2016] 2 NZLR at [76], and New Zealand Air Line Pilots’ Association v Air New Zealand Ltd, above n 10, at [74] and [77]. [33] The su...

6. [2015] NZEmpC 210 Allied Investments Ltd t/a Allied Security Ltd v Marriott [pdf, 214 KB]

   ...provide access to information relevant to the continuation of the employee’s employment as well as an opportunity to comment on such information prior to the decision being made. 6 [42] In Air Nelson Limited v C, Air Nelson applied for leave to appeal against a decision of this Court, asserting that the Court had erred in its application of the test of justification by reaching its own view of the facts. 7 The Court of Appeal rejected that proposition and held: [19] Section...

7. NT v Parker [2019] NZIACDT 62 (4 September 2019) [pdf, 289 KB]

   ...with the immigration officer. He explained the character issue and how it would affect her future applications. Mr Parker advised that the best course would be to let Immigration New Zealand decline the application on character grounds and then appeal to the IPT. Mr Parker’s file note recorded that while the complainant might not have been eligible for residence, it was incorrect to decline residence on the ground of character.7 [58] On 14 August 2017 at 4:24 pm, Mr Parker sent t...

8. Dr Phil Ross - Evidence in Chief [pdf, 1.1 MB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANATRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF EVIDENCE OF DR PHIL ROSS ON BEHALF OF MOTITI ROHE MOANA TRUST 26th October 2017 Counsel Acting RB Enright Barrister Level 1, Stan beth House 28 Customs St East B...

9. [2019] NZEnvC 071 Eyre Community Environmental Safety Society Incorporated v Christchurch Regional Council [pdf, 16 MB]

   IBEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: IN THE MATTER AND BETWEEN AND AND Decision No. [2019] NZEnvC '1 I of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act EYRE COMMUNITY ENVIRONMENTAL SAFETY SOCIETY INCORPORATED (ENV-20 14-CHC-000057) Appellant CHRISTCHURCH REGIONAL COUNCIL and WAIMAKARIRI DISTRICT COUNCIL Respondents WAIMAKARIRI IRRIGATION LIMITED Applicant Principal Environment Judge L J Newh...

10. [2022] NZEmpC 10 Shaw v Bay of Plenty District Health Board [pdf, 376 KB]

    ...that factor into account in its s 123 assessment in a manner that conforms with “equity and good conscience”. The absence of a remedy in rare cases, notwithstanding the establishing of a personal grievance may be appropriate. The Court of Appeal reached this conclusion where there is disgraceful misconduct discovered after a dismissal. We consider that the statutory scheme allows for the same outcome in other instances where, for example, there has been outrageous or partic...