Search Results

1. Re Stryder (Rejection of Statement of Claim) [2019] NZHRRT 34 [pdf, 230 KB]

   ...279 at [19], the purpose of Part 8 of the Privacy Act is to ensure that in the first instance a complaint about an interference with the privacy of an individual must be dealt with by the Privacy Commissioner. Proceedings before the Tribunal are permitted by s 82 only where an investigation has been conducted under Part 8 or where conciliation (under s 74) has not resulted in settlement. For the complaint resolution process to work a person in respect of whom a complaint is made and an...

2. CC Ltd v SH [2020] NZDT 1548 (3 August 2020) [pdf, 99 KB]

   ...contract. While no particular standard of work was specified, I find that it was an implied term that the work would be done to a reasonable professional standard and that the resulting arena would be fit for the purpose. 5. CC argued that SH had not permitted it to complete the work by sweeping the surface, compacting the remainder and applying the final layer of sand. However, the email CC relied on in support actually supported SH’s statement that she did agree to hand sweeping, and...

3. [2016] NZEmpC 81 Eden Group Ltd v Jackson [pdf, 103 KB]

   ...This is a folder of documents relating to Auckland Council building consents for the work to be performed at Wrightway’s premises. The folder must remain at the relevant site for the duration of the construction and includes such documents as permit plans, inspection records, engineering and fire compliance specifications and Council inspection records. At the completion of the construction project, the folder is returned to the person who applied for the consent and will then b...

4. OIA-109686.pdf [pdf, 1.4 MB]

   ...Powers of a bailiff Thank you for your email of 12 February 2024, requesting, under the Official Information Act 1982 (the Act), information relating to the powers and duties of bailiffs in New Zealand. Specifically, you requested: 1. Are they permitted to carry weapons (since they have the powers of a constable)? 2. How do bailiffs in practice, arrest people? 3. Can bailiffs pull vehicles over? 4. Do bailiffs carry handcuffs? 5. What is the procedure when a person is arrested? Your requ...

5. Waitangi Tribunal COVID-19 Level 2 Protocol (15 February 2021) [pdf, 152 KB]

   ...AVL suites). c. Face masks should be worn in all public spaces, in accordance with paragraphs 10-12 above. Gloves may also be worn. d. Hand sanitiser will be readily available within the hearing venue. e. The Tribunal will not normally permit documents to be handed up to the panel. Documents that parties wish to produce should be scanned and shared by email at the appropriate time. 28. Any concerns about health and safety practices should be raised with the Tribunal Regist...

6. [2011] NZEmpC 20 Miller v Fonterra Co-operative Group Ltd [pdf, 81 KB]

   ...defendant’s control, and if they are no longer in the defendant’s control, state, to that person’s best knowledge and belief, when the documents ceased to be under the defendant’s control and who may now have control of them. [29] I will also permit that person to give evidence on affidavit as to which documents can no longer be readily located and the steps which either have been taken or will need to be taken to locate the documents and will allow the defendant leave t...

7. [2013] NZEmpC 197 Electrical Union 2001 Inc and Anor v Mighty River Power [pdf, 239 KB]

   ...Network Television Ltd v Duncan [1998] 3 ERNZ 917. The collective agreement’s relevant provisions [9] The first provision of the collective agreement which the plaintiffs say conflicts with the employer’s drug and alcohol policy and which permitted Mr Cowell to refuse lawfully and justifiably to undergo a random drug or alcohol test, is cl 32.1. It provides: Evidence of Fitness for Work In accordance with its responsibilities to effectively manage all hazards the em...

8. Burn v CAC 20002 & Bardohl [2014] NZREADT 56 [pdf, 31 KB]

   ...4 re-selling of the 7 Hobson Heights Road property, we accept that the agreed re-sale price was $948,000, which was $32,000 below the price the appellants had paid for the property. The appellants attribute this loss to the fact that the deck permit had still not been issued when they went to on-sell the property. However, they acknowledge that they sold the property at a time when the market was low and that this also affected their sale price. [14] As Ms Copeland points out for t...

9. Geary v ACC (Application for Stay of Order) [2013] NZHRRT 37 [pdf, 49 KB]

   ...of appeal lodged in the High Court against a decision of the Tribunal does not operate as a stay of proceedings unless the Tribunal or High Court so orders: (9) [12] Otherwise nothing in the Privacy Act or in the relevant provisions of the HRA permits a stay of proceedings or a stay of enforcement. The Tribunal has no jurisdiction approximating High Court Rules, r 17.29. Notice of appeal shall not operate as a stay of proceedings in respect of the decision to which the appeal relate...

10. [2023] NZEmpC 108 MGK Homes Ltd v Yoon [pdf, 221 KB]

    ...mortgages, Mr Kang cited A P Proude Contracting Ltd v Power Farming Manawatu Ltd.15 In that decision, the High Court was considering whether security for costs could be provided by way of a third mortgage over property. The Court declined to permit such an arrangement as the margin between the value of the property and the priority sums was deemed to be unacceptably scant.16 In particular, the Court held:17 … the plaintiff’s offer provides insufficient protection for the def...