Search Results

1. Wipaki v Apatu - Awarua o Hinemanu Trust (2016) 56 Takitimu MB 54 (56 TKT 54) [pdf, 187 KB]

   ...an advisory trustee, or a custodian trustee. (5) For every trust constituted under this Part the court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [16] The Court of Appeal in Clarke v Karaitiana determined: 4 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those is...

2. [2015] NZEmpC 106 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 94 KB]

   ...interlocutory applications that were brought as of right and determined. If the plaintiff is correct, any litigation privilege in those documents has now expired by reason of the disposal of the associated litigation in the High Court and Court of Appeal by a judgment late last year of the Supreme Court. 4 That is a matter that the plaintiff is entitled to have determined. I will give directions at the end of this judgment about how that issue is to be determined....

3. White v Rodney District Council [pdf, 24 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2007-100-0000064 BETWEEN PAUL WHITE and WILNA WHITE Claimants AND RODNEY DISTRICT COUNCIL First Respondent AND LORELLE JOY KERKIN Second Respondent ______________________________________________________________ COST DETERMINATION Dated 23 April 2009 Background 1. On 4 March 2009 the Tribunal is

4. CAC 20006 v England [2013] NZREADT 97 [pdf, 82 KB]

   ...charges proven and we fine the defendant $750 to be paid to the Registrar of the Authority at Wellington within five working days of the date of this decision. [10] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member __________________________...

5. Equal Pay Amendment Bill Supplementary Order Paper [pdf, 157 KB]

   ...which the settlement relates if satisfied that exceptional circumstances apply (proposed new s 13Z(4)); and 2 See Ross v Southern Response Earthquake Services Limited [2019] NZCA 431 at [69] (leave to appeal to the Supreme Court granted: [2019] NZSC 140 (9 December 2019)). 3 Above at [98]. c. the duty of good faith in s 4 of the ERA is extended to the relationship between a union and non-union employee who is joined to the union�...

6. Koria & Anor v Johnson & Ors [2013] NZWHT Auckland 21 [pdf, 58 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2011-100-000049 [2013] NZWHT AUCKLAND 21 BETWEEN GEORGE-HUCH FIFITAILA KORIA AND ELIZABETH SISAVAI’I LAVA Claimants AND STEPHEN DAVID JOHNSON First Respondent (Removed) AND ROB WOODGER LIMITED (Struck off) Second Respondent (Removed) AND ROBERT CHARLES WOODGER Third Respondent AND NICHOLAS PETER SIMMONS Fourth Respondent (Removed) AND MARK HARDY Fifth Respondent AND TAYLOR FASCIA (AUC

7. OL v EV LCRO 30/2013 (26 May 2014) [pdf, 113 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. 1 Standards Committee De...

8. [2022] NZEmpC 170 Courage v Attorney-General [pdf, 207 KB]

   ...135, [2017] 1 NZLR 310 at [2] in relation to the principle generally; and, in relation to access to Court documents, see the discussion in Commissioner of Police v Doyle [2017] NZHC 3049; and Berry v Crimson Consulting Ltd [2017] NZHC 3026 upheld on appeal in Berry v Crimson Consulting Ltd [2018] NZCA 460. [8] Rule 12 specifies a range of matters that must be considered when determining an application for access. It provides: 12 Matters to be considered In determining a requ...

9. BORA Copyright (Infringing File Sharing) Amendment Bill [pdf, 294 KB]

   ...of Review [2002] 2 NZLR 754 2. Butlers The New Zealand Bill of Rights Act: A Commentary (Wellington: 2005) 311. 3. In applying section 5, we have had regard to the guidelines set out by the Supreme Court in Hansen v R [2007] NZSC 7; the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260, Moonen v Film and Literature Board of Review [2000] 2 NZLR 9 and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754; and the Supreme Court of Canada's decision in...

10. BORA Health and Safety Reform Bill [pdf, 291 KB]

    ...otherwise. Section 21 protects against activities constituting a “search or seizure” that are “unreasonable” in the circumstances. A request for information or documents constitutes a search for the purposes of s 21. 1 7. The Court of Appeal stated that the main aim of s 21 is to protect privacy interests 2: It is only where a person's reasonable expectations of privacy have been breached that a personal remedy under the Bill of Rights ... is available. The reasonable...