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1. [2009] NZEmpC AC 44/09 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 22 KB]

   ...and sought relief against him in that forum. [2] Mr Dunn’s claim was for payment of a bonus said to be due to him by EcoCover (NZ) Limited (ENZ). Mr Dunn also claimed against Mr Cruickshank personally for penalties for breaches of the Wages Protection Act 1983 and for breaches of the requirements of good faith behaviour contained in the Employment Relations Act 2000 (“the Act”). Mr Cruickshank attempted to persuade Mr Dunn to abandon those claims against him pers...

2. BORA Ngā Hapū o Ngāti Ranginui Claims Settlement Bill [pdf, 282 KB]

   ...the right to bring civil proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. However, cl 24(3) affects the substantive law and does not fall within the ambit of s 27(3), which protects procedural rights. [3] Daniel Perkins Crown Counsel Disclaimer In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General...

3. BORA Te Atiawa Claims Settlement Bill [pdf, 278 KB]

   ...proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. However, cl 23(3) affects the substantive law and does not fall within the ambit of s 27(3) of the Bill of Rights, which protects procedural rights. [4] Review of this advice 10. This advice has been reviewed in accordance with Crown Law protocol by Martha Coleman, Crown Counsel. Kristina Muller Crown Counsel Disclaimer In addition to the general disc...

4. BORA Crimes And Misconduct (Overseas Operations) Bill [pdf, 19 KB]

   ...Zealand law committed overseas". The objective is one of ensuring that such persons do not have impunity with respect to offences committed either in the course of the official operations of the overseas operating force (but subject to the usual protections in this situation) or outside of their official duties. Equally, it is preferable that New Zealand possesses jurisdiction for New Zealand personnel deployed overseas so as to avoid exposure to a judicial or penal system that may b...

5. 2021-02-25 List of Parties [pdf, 116 KB]

   ...and Game Council and the Central South Island Fish and Game Council Service via the website S274 Party Phil Murray Resource Management Ltd Service via the website S274 Party Pine Terrace Ltd Service via the website S274 Party Pomahaka Water Care Group Service via the website S274 Party Puketoi Farming Company Ltd Service via the website S274 Party Queenstown Lakes District Council Service via the website S274 Party Ravensdown Limited (Ravensdown) Service via the website S274 Pa...

6. CAC 10047 v Whiteford - Penalty [2011] NZREADT 16 [pdf, 145 KB]

   ...interest to a purchaser was less serious than a failure to make such disclosure to a client vendor. [8] We accept that an agent owes a fiduciary duty to a client vendor and not a purchaser. The Real Estate Agents Act (Professional Conduct and Client Care) rules 2009 defines a customer as being “a person who is a buyer or potential buyer of land or a business and who is not a client”. This means that a “customer” of a real estate agent is a purchaser and a “client” is a ven...

7. KY v DZ LCRO 174/2015 (25 October 2016) [pdf, 76 KB]

   ...copies of Family Court proceedings with someone other than Mr KY at a [specified location]. Background [3] Mr DZ acted for Mr KY’s wife in family matters from or shortly before March 2014. [4] Mr KY’s lawyer was Ms JR. [5] Mr DZ describes care of the children proceedings in the Family Court from 2012, and relationship property issues that were awaiting final resolution when he was instructed in 2014. Mr DZ communicated with Ms JR over their clients’ matters, 2 includ...

8. BORA Children Young Persons & Their Families (Youth Courts Jurisdiction & Orders) Amendment Bill [pdf, 304 KB]

   ...remove the hearing from the Youth Court. In that situation the presiding Judge will be under an obligation to ensure compliance with s25(i) [4] , and the principles underlying the Youth Justice regime will generally continue to be applied[5]. 8. The protections for young people under that scheme are further bolstered in relation to prosecution by the requirement in cl 11 (new s 272A(c)) that the young person must understand that his or her act is wrong or contrary to law. Orders in re...

9. 2020-11-20 List of Parties [pdf, 116 KB]

   ...and Game Council and the Central South Island Fish and Game Council Service via the website S274 Party Phil Murray Resource Management Ltd Service via the website S274 Party Pine Terrace Ltd Service via the website S274 Party Pomahaka Water Care Group Service via the website S274 Party Puketoi Farming Company Ltd Service via the website S274 Party Queenstown Lakes District Council Service via the website S274 Party Ravensdown Limited (Ravensdown) Service via the website S274 Pa...

10. BORA Statutes Amendment Bill (No. 2) [pdf, 299 KB]

    ...Bill of Rights Act provides the right to the observance of the principles of natural justice by any tribunal or any other public authority which has the power to make a determination in respect of that person‘s rights, obligations, or interests protected or recognised by law. 7. One amendment was identified as potentially giving rise to a prima facie issue of inconsistency with section 27(1) of the Bill of Rights Act. The Veterinarians Act 2005 8. The Bill proposes to amend section...