Search Results

1. Te Wani v Peters - Te Puru No 5 (2016) 124 Waikato Maniapoto MB 272 (124 WMN 272) [pdf, 204 KB]

   ...situation, the degree of success achieved by the respondent and the time required for effective preparation; 5 Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64 (2011 APPEAL 64). 6 Riddiford v Te Whaiti (2001) 13 Takitimu Appellate MB 184 (13 ACTK 184). 7 Manuirirangi v Paraninihi Ki Waitotara Incorporation (2002) 15 Whanganui Appellate MB 64 (15 WGAP 64). 8 De Loree v Mokomoko – Hiwarau C (20...

2. CAC10017 v Xu [2013] NZREADT 16 [pdf, 46 KB]

   ...which satisfies the purposes of the Act. [20] After the conclusion of the hearing and before this decision was issued the High Court delivered a decision in Kumandan v Real Estate Agents Authority [2012] 6 NZHC 3555. This decision was an appeal against a finding of the Tribunal that Mr Kumandan was guilty of misconduct under s 73 of the Real Estate Agents Act 2008. The penalty imposed upon him was that his license be cancelled. The Court determined that in determining the...

3. [2010] NZEmpC 112 Pacific Blue Employment & Crewing Ltd v B [pdf, 34 KB]

   ...full Court decision in Air New Zealand v V.3 I note also the decisions of Judge Travis in Butcher v OCS Ltd4 and Judge Shaw in Arthur D Riley & Co v Wood.5 In both cases the Court had regard to the decision of the United Kingdom Court of Appeal in Airbus UK Ltd v Webb6 which was to the effect that all past conduct, even that which had been the subject of expired warnings, might properly be taken into account by an employer in making a decision to dismiss. Taking these more re...

4. 2024 NZPSPLA 005 pdf [pdf, 146 KB]

   ...September 2021 during the Auckland Covid-19 level 4 lockdown Mr Simi was stopped by police driving a vehicle. He refused to say who he was, provide his licence or his travel /exemption worker documentation. He was issued an infringement notice which he appealed and lost. [3] Mr Simi denies he failed to cooperate with police on 2 May 2023 and 8 September 2021. He also denies he breached the PSPPI Act by refusing to provide his COA and refusing to advise the name of the security comp...

5. [2021] NZEmpC 100 Alkazaz v Enterprise IT Ltd [pdf, 242 KB]

   ...Authority that led him to seek to reopen the Authority’s investigation rather than to file a challenge; (f) was not aware that a challenge could be filed until that possibility was referred to by the Court; (g) mistakenly applied to the Court of Appeal for leave to appeal thinking that was the option available to him. [10] As to the length of the delay his application stated that there was no prejudice or hardship to either party because the issues were well documented. Instea...

6. Taueki - Horowhenua 11 (Lake) (2018) 386 Aotea MB 142 (386 AOT 142) [pdf, 256 KB]

   ...matter. If it is 4 See Bidois v Clarke – Tokata A14 (2013) 31 Tairawhiti MB 95 (31 TRW 95) at [19]; and Naera v Fenwick – Whakapoungakau 24 [2011] Māori Appellate Court MB 316 (2011 APPEAL 316) at [61] 5 Ibid. 386 Aotea MB 148 likely that the trustees and their agents intend to undertake further works then this will need to be discussed at a telephone conference to be arranged at short notice if necessary....

7. [2011] NZEmpC 63 Hally Labels Ltd v Powell [pdf, 232 KB]

   ...have been performed. [55] Mr Gallie submitted that, in the alternative, the principles relating to the implication of terms were relevant as an aid to construction. He relied on the ―business efficacy test‖ referred to by the Court of Appeal in Attorney-General v NZ Post Primary Teachers Association. 3 He submitted the implication of such a term as to the time for payment would be reasonable and equitable, necessary to give

8. Fapiano v Tarau (2013) 24 Takitimu MB 46 (24 TKT 46) [pdf, 198 KB]

   ...associated with the land: (d) Other owners of the land who are members of the hapū associated with the land: (e) Whāngai of the testator: (f) Trustees of persons referred to in any of paragraphs (a) to (e) of this section. … [22] In the Court of Appeal in Kameta v Nicholas considered s 108(2)(c).6 The issue was whether the Nicholas children were related by blood to Mr Kameta. The Court of Appeal considered that: [26] … the phrase “related by blood” is not intended to...

9. BORA Manukau City Council (Control of Street Prostitution) Bill [pdf, 417 KB]

   ...the content or form of the expression. 8. New Zealand and international jurisprudence supports the proposition that forms of expression that may be regarded as offensive or distasteful are nevertheless protected forms of expression. The Court of Appeal in Living Word Film Distributors v Human Rights Action Group[5] accepted the proposition that a fundamental aspect of the right to freedom of expression is that it extends to protecting all information and opinion, however offensive or dis...

10. Mikaere v Mikaere - Manaia No 6 (2018) 162 Waikato Maniapoto MB 168 (162 WMN 168) [pdf, 295 KB]

    ...rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. [16] An interested party may apply for a rehearing but a rehearing application must be made within...