Search Results

1. Waitangi Tribunal COVID-19 Level 2 Protocol (29 October 2021) [pdf, 160 KB]

   ...made for some parties (especially any in high-risk groups) to attend remotely, or whether any parties seek a postponement of their hearing in light of the current alert level. 23. Under the COVID-19 Alert Level 2 Guidelines, the Tribunal can only permit a limited number of individuals to be able to safely distance within a hearing. Therefore, parties intending to attend an in-person hearing of the Waitangi Tribunal will be required to RSVP in advance to the Waitangi Tribunal Registrar at...

2. Turner v The University of Otago (Legal Professional Privilege Claim) [2016] NZHRRT 15 [pdf, 60 KB]

   ...DECLINING TO GIVE ADVANCE RULING ON CLAIM BY UNIVERSITY OF OTAGO TO LEGAL PROFESSIONAL PRIVILEGE1 Introduction [1] While information privacy Principle 6 confers a right of access to personal information, the agency holding such information is permitted by s 29(1) of the Privacy Act 1993 to refuse to disclose such information if (inter alia) the disclosure would breach legal professional privilege: 29 Other reasons for refusal of requests

3. NE v QB Ltd [2022] NZDT 135 (6 September 2022) [pdf, 234 KB]

   ...and a loan for the balance. 7. NE says that he was to be the owner of the [N Vehicle]. He says that he signed an agreement with QB Ltd to buy the [N Vehicle]. The [N Vehicle] is a left hand drive car, and so its owner needed a left hand drive permit (LHDP) from NZTA in order to be able to register it in their name. NE says he CI0301_CIV_DCDT_Order Page 2 of 6 filled out the forms to apply for a LHDP. NE has not been able to provide copies of these documents to the Tribunal and...

4. Trustees-Role-and-Duties.pdf [pdf, 349 KB]

   ...and in good faith • Act for the benefit of beneficiaries5 or to further the purpose of the trust • Exercise powers for a proper purpose DEFAULT DUTIES OF A TRUSTEE Default duties6 apply to all trustees, unless they are modified or excluded by permitted variations to the trust order. In other words, they apply ‘by default’ unless they have been explicitly amended or varied in the trust order. The default duties are: • General duty of care When administering a trust, a trustee...

5. [2007] NZEmpC WC 15/07 Auto-Movements (NZ) Ltd v Eveleigh [pdf, 52 KB]

   ...will be grounds for immediate dismissal without notice. [12] A remuneration and benefits schedule attached to the contract set his rate of pay and bonuses and contained two special conditions: 3. OTHER SPECIAL CONDITIONS: The Employee will be permitted to use the building leased by Auto Movements to store a limited number of motor vehicles for his own private business, free of charge. The Employee will also be permitted to conduct his own personal business during work hours, when...

6. [2012] NZEmpC 188 ABC01 Ltd (formerly Primary Heart Care Ltd) v Dell [pdf, 91 KB]

   ...Zealand Consul General in Los Angeles, California, addressed to Mr Dell dated 21 July 2010 and 17 January 2011. The effect of these letters was to decline Mr Dell’s applications for a work visa. That meant, on its face, that Mr Dell was not permitted to perform work in New Zealand. It did not prevent him from entering New Zealand under other immigration arrangements and, of course, it did not prohibit him from working for the plaintiff but outside New Zealand. Indeed, even if...

7. [2011] NZEmpC 39 NZ Defence Force v PSA [pdf, 92 KB]

   ...collective agreement was intended to mirror the entitlement in the Holidays Act 2003 of “four weeks” annual leave and on average, in a week, a guard would work 3.5 x 12 hour shifts. Counsel referred to s 17(1) of the Holidays Act 2003 which permits an employer and an employee to agree on what genuinely constitutes a working week and said that the Defence Force “argue the genuine working week here is 3.5 x 12 hour shifts...”. [15] Finally, Ms Williams submitted that t...

8. MOJ0217.2E_SEP22_WEB.pdf [pdf, 134 KB]

   ...and in good faith • Act for the benefit of beneficiaries5 or to further the purpose of the trust • Exercise powers for a proper purpose DEFAULT DUTIES OF A TRUSTEE Default duties6 apply to all trustees, unless they are modified or excluded by permitted variations to the trust order. In other words, they apply ‘by default’ unless they have been explicitly amended or varied in the trust order. The default duties are: • General duty of care When administering a trust, a trustee...

9. BORA Maritime Security Bill [pdf, 59 KB]

   ...public welfare regulatory in nature and the importance of ensuring that the participants in the security framework are aware of and meet their statutory obligations. Extension of the Bill to domestic commercial shipping 12. Clause 74 of the Bill permits the Minister to extend the application of the Bill to ships engaged in domestic voyages and port facilities that serve these types of vessels. The fact that there is an ability to extend the Bill in this way will not alter our concl...

10. [2018] NZEmpC 114 Allen Chambers Ltd v Pelabon [pdf, 301 KB]

    ...difficulties can arise in making a direction which restricts the scope of the hearing of a challenge, where a plaintiff has effectively taken no part in an investigation.13 The problem which can arise in such a situation is that if the plaintiff is not permitted to adduce evidence, the case could fail with a consequent risk of injustice.14 [32] That said, this is not a case where the respondents had tendered no information at all to the Authority; rather, the problem is that the...