Search Results

1. Human Rights Act 1993

   ...Services (Safety) Act 2001 – NZS 8181 Fertility Services – Code of Health and Disability Services Consumers’ Rights, Rights 1, 2, 4 and 6 CBA v LKJ Ltd [2014] NZHRRT 13 Authorised or required by an enactment or otherwise by law – duty of health care provider to exercise reasonable care and skill – whether duty to decline to provide services if provision of services sought beyond experience and skill levels – Human Rights Act 1993, s 21B(1) – Code of Health and Disability Service...

   Located in:

   1. Tribunals >
   2. Human rights >
   3. Decisions - Index

2. Manaena-Biddle v Biddle-Bassett - Te Atuareretahi (2019) 223 Waiariki MB 182 (223 WAR 182) [pdf, 159 KB]

   ...satisfactorily. Accordingly, an assessment of the trustee’s performance was essential when applying s 240. [32] More recently, the Māori Appellate Court in Smith v Smith – Nuki o Te Hapū Tahawai confirmed that removing a trustee requires a careful approach that must include proper notice of the risk of removal, an assessment of the trustee’s performance and consideration of any possible defences and relief. In addition, decisions by beneficiaries, while often highly pers...

3. National Standards Committee 2 v Paulson Wilson [2021] NZLCDT 16 (14 May 2021) [pdf, 177 KB]

   ...2019. 3 When her conduct was reported by prison authorities to her employer, following a disciplinary process she was dismissed from her employment in November 2019. Thus, it can be seen that she was only three months into her working career when the conduct under consideration occurred. [8] In early October 2019 Mr Z, Ms Paulson Wilson’s employer received a request from a relative of Prisoner X seeking legal advice regarding a possible appeal against conviction and s...

4. CAC 20002 v Kitto [2013] NZREADT 70 [pdf, 41 KB]

   ...2012 the defendant appeared to deny the charge and appeal the decision of the Committee to prosecute, the defendant has since declined to participate further in this prosecution despite having been served with all papers as appropriate. [4] Much care has been taken to effect such service on her because she has been in custody since about 14 May 2013 when she was convicted of four separate frauds and sentenced to imprisonment for two years and three months. As those convictions involv...

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

   ...(ii) On 24 August 2007 the complainant entered into an agency listing agreement with the defendant to sell the property; 2 (iii) On 24 August 2007 the defendant had received interest in the property from potential purchasers Tauroa Age Care Limited (Tauroa) and York Yu; (iv) On 24 August 2007 the defendant presented the complainant with an offer from Tauroa to purchase the property for $650,000; (v) On 24 August 2007 the complainant entered into a conditional agreement wit...

6. Bisson - Succession to Alayna Waimana Clark - Lot 1 Deposited Plan 9015 (2021) 431 Aotea MB 107 (431 AOT 107) [pdf, 241 KB]

   ...to the Trustees for the time being of the Maraina Kuratopi Trust, being an Ahu Whenua Trust constituted by the Maori Land Court on 5 August 1999, upon perpetual charitable trust to apply both capital and income for the provision of the respite care to or for the benefit of persons with an intellectual disability resident in Taranaki who are members of the hapu associated with the land or persons entitled to succeed as defined in section 108(2)(a) to (f) inclusive of the Act”....

7. CJ v XL LCRO 221 / 2010 (1 July 2011) [pdf, 104 KB]

   ...cancellation had not been effected, and that by excluding them the Respondent misled the Court. The Standards Committee decision [22] The determination of the Standards Committee on each of the matters is recorded as follows:- Stock … From a careful perusal of all the confidential paperwork that was made available by the practitioner, it was clear that the moment Ms [XL] became aware of the sale of some of the stock, the correct stock amounts were included in the proceedings...

8. Proactive release - Statutes Amendment Bill [pdf, 1.3 MB]

   ...Medicines Act 1997; 5.2 Animal Products Act 1999; 5.3 Animal Welfare Act 1999; 5.4 Anti-Money Laundering and Countering Financing of Terrorism Act 2009; 5.5 Biosecurity Act 1993; 5.6 Canterbury Earthquakes Insurance Tribunal Act 2019; 5.7 Care of Children Act 2004; 5.8 Courts Security Act 1999; 5.9 COVID-19 Recovery (Fast-track Consenting) Act 2020; 5.10 Crown Entities Act 2004; 5.11 Crown Forest Assets Act 1989; 5.12 Customs and Excise Act 2018; 5.13 Dog Control Act 199...

9. Tweeddale v Pearson [2010] NZWHT Wellington 4 [pdf, 230 KB]

   ...of limiting their exposure to this risk. A claimant may avoid this risk by abstaining from taking legal proceedings; but a party who is sued has no such alternative. It follows that, in fairness, defendants must have the means of gaining some protection from costs by making offers to settle by in some way meeting the claim. Plaintiffs should also have protection where defendants decline reasonable settlement offers. [57] Then there are the “public” aspects of litigation. If...

10. [2014] NZEmpC 43 Booth v Big Kahuna Holdings Limited Interlocutory [pdf, 110 KB]

    ...historically taken inability to pay into account as a discounting factor in assessing costs’ contributions (sometimes to nil) at a post litigation phase. That may lead to an unintended double- pincer effect on defendants, reducing their ability to protect their costs exposure and allowing litigants to proceed with claims with no ability to contribute to costs if their 5 [2011] NZEmpC 89 at [13]. 6 See, for example, Miller v Thomp...