Search Results

1. Z v Secretary for Justice [2023] NZRA 001 (28 March 2023) [pdf, 306 KB]

   ...researching the law, interviewing witnesses, briefing of evidence, drafting documents, examining witnesses, cross-examination, making submissions, making opening/closing addresses, appearing at sentence, and appearances in support of or in response to an appeal. 5 AE v Secretary for Justice [2012] NZRA 005 at [15]. 6 At [16]. 7 At [17]. 9 [39] In a later case, SB v Secretary for Justice8, the Review Authority confirmed that the concept of substantial and active involveme...

2. [2007] SFWU v ADHB and Ors WN WC 18/07 [pdf, 134 KB]

   ...the present context, in New Zealand. Legal words and phrases dictionaries are similarly unhelpful. So, too, is the record of the parliamentary history of the Employment Relations Amendment Act (No 2) 2004. [48] In Canada, the Ontario Court of Appeal considered the word in a criminal context in R v Rochon 2003 CanLII 9600; (2003) 173 CCC (3d) 321 at paras 57-58: … I do not think the word “support” is impermissible in the context of a proper definition of “abet” …. …...

3. Collective impact toolbox [pdf, 2 MB]

   ...through this process, you can convince them, they may help convince others. Who will make the decision? Who actually will make the go/no-go decision for your idea? How can you influence them? What are their concerns? What features of your idea will appeal? How will risk be minimised? People feel loss more acutely than gain, even for the same objective amount. Show people how their interests will still be protected if things go wrong. Who are the other stakeholders? Who would the idea a...

4. Thomson - Part Tahorakuri A1 Sec1 Māori Reservation (2002) 76 Taupō MB 98 (76 TPO 98) [pdf, 1 MB]

   ...arguably exists where a trustee calls on the Maori Land Court's supervisory role in relation to Maori land trusts . . Mr LaHatte in his submissions refers to the decision of Proprietors of Mangakino Township v The Maori Land Court (Court of Appeal 65/99). This decision simply illustrates the broad interpretation given to the Maori Land Court's supervisory powers and guardianship role in relation to Maori land trusts. It does not detract from the general rule that trustees must...

5. [2014] NZEmpC 152 Davis v Commissioner of Police [pdf, 177 KB]

   ...and did so. Mr Davis did nothing at the time, continued his paperwork and then found the suspect had left. He pursued the suspect to his home and completed the process. The suspect was later convicted after a defended hearing and unsuccessful appeal using as grounds the fact that he had been asked to leave the ‘booze bus’. This incident was investigated by the supervising Sergeant of the TAG team and the Senior Sergeant having overall oversight of the team. Following two me...

6. [2009] NZEmpC AC 20/09 Allen v Transpacific Industries Group Ltd t/a Medismart Ltd [pdf, 101 KB]

   ...to this case concerns the quality of evidence necessary where the allegation of breach is of particular gravity. In Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union [1990] 3 NZILR 23: (1990) Sel Cas 885: [1991] 1 NZLR 392, the Court of Appeal affirmed the principle as it had been stated by the Labour Court as follows: It is well settled that the standard of proof which the employer must attain is the civil standard of balance of probabilities rather than the criminal stand...

7. Chen v Loh [2013] NZIACDT 15 (19 March 2013) [pdf, 218 KB]

   ...informed Mr Chen an application for a student permit under section 35A would be declined. [103.9] Part of an immigration service agreement dated 19 August 2008 with an unidentified client in which AGC agreed to provide services relating to an “Appeal to Minister” for a fee of $4,800. [103.10] The Authority’s letter of 8 November 2012 notifying Ms Gu-Chang of the renewal of her licence. [103.11] An undated letter from Mr Chen to Immigration New Zealand. [103.12] A letter dated...

8. Fruean v Knuckey - Waitara West 52D (2023) 475 Aotea MB 284 (475 AOT 284) [pdf, 371 KB]

   ...include the word “necessary”, the test for removal of a trustee is desirability, not necessity. The Court goes on to note that there is little guidance in the Act 5 Henderson v Brooking - Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17). 6 Above n 5 at [35]. 475 Aotea MB 303 as to what is meant by “desirable.” After considering relevant dictionary definitions, the Appellate Court said:7 The courts have historically assessed applications for re...

9. Ram v Tan [2016] NZIACDT 39 (9 August 2016) [pdf, 207 KB]

   ...there can be no complaint if the Tribunal draws the unfavourable evidentiary inference which absence from the witness box commonly attracts. [25] In Ithaca (Custodians) Ltd v Perry Corporation [2004] 1 NZLR 731 (CA) at [153]-[154], the Court of Appeal considered what inferences may be drawn from the absence of witnesses. The Court observed: The absence of evidence, including the failure of a party to call a witness, in some circumstances may allow an inference that the missing evidence...

10. Philpott v Zderich [2011] NZWHT Auckland 16 [pdf, 176 KB]

    ...directors are in no better position than any other principal, the learned author continued:6 Subsequently, the reasoning of these two decisions of the House of Lords on the position of directors has been followed by the New Zealand Court of Appeal in Body Corporate 202254 v Taylor. In this case, a strike-out action relating to liability for a leaky building, the Court rejected the notion adopted by Cooke P and Hardie Boys