Search Results

1. [2008] NZEmpC AC 15A/08 Potter v Australian Consolidated Press NZ Ltd [pdf, 29 KB]

   ...discussion but claimed the outcome of the discussion was different to how the defendant viewed the matter. The plaintiff was paid commission on Australian sales after the memorandum. He contended there was nothing in the employment agreement which permitted the defendant to change commission sales and that these could not be changed without the plaintiff’s consent. [16] Mr Alderslade relied on a provision in the employment agreement which allowed for commissions to be reviewed...

2. [2021] NZEmpC 58 Martin v Solar Bright Ltd (in liq) [pdf, 223 KB]

   ...The undesirability of a substantial waste of time and effort if it becomes a common practice to bring actions in two Courts involving substantially the same issues. (g) How far advanced the proceedings are in each Court. (h) Striving against permitting multiple proceedings in relation to similar issues. (i) Generally balancing the advantages and disadvantages to each party. (j) The public interest. [14] Those considerations that are relevant are discussed below. Which proceedi...

3. BORA Criminal Cases Review Commission Bill [pdf, 139 KB]

   ...person by: 10.3.1 requiring the person, by written notice, to appear before the Commission to be examined on oath or affirmation; 10.3.2 requiring the person, on appearing before the Commission, to answer questions on oath or affirmation; 10.3.3 permitting the person to give evidence by any other means approved by the Commission and requiring the person to verify that evidence on oath or affirmation. 11. Clauses 32 and 33 are subject to the requirements of clause 31(2)—the Commis...

4. Hunia v Fox - Kawerau A8D (2011) 45 Waiariki MB 32 (45 WAR 32) [pdf, 146 KB]

   ...addition, there is Ms Skerrett-White’s own claim for $336,000.00 for work undertaken on behalf of the trust. Once again in the absence of further evidence and submissions, it seems surprising that the other two responsible trustees would have permitted such expenditure without a guarantee as to where the money was to come from to meet those debts to say nothing of whether or not proper processes of tendering and the observance of conflict of interest rules had been followed. [20...

5. Nahu v Gorst - Whangawehi 1B3E (2006) 112 Wairoa MB 57 (112 WR 57) [pdf, 163 KB]

   ...does not rest with Mrs Gorst and it should be noted that if the trust had no power to receive this money, then Mr Te Nahu should not have used this money to pay for the legal opinion received by the trust. [19] Further Mrs Gorst or any trustee is permitted to question the actions or decisions of other trustees. Trustees need not act unanimously but can act by majority (s227/93). [20] Finally I wish to reiterate that notwithstanding that Ivlr Te Nahu was continually asked to point to...

6. Towler - Succession to Mona Towler (2021) 435 Aotea MB 37 (435 AOT 37) [pdf, 214 KB]

   ...four elder children from, it appears, attempting to disinter their father. There was some dispute as to who had the right as next of kin to dispose of the late Mr Towler’s remains and the local council appeared, at one point, to be preparing to permit the disinterment. Mr Mason pointed out that the deceased had been noted as the late Mr Towler’s next of kin and that a receipt purporting to demonstrate that one of the deceased’s children had paid the funeral expenses and was...

7. [2023] NZIACDT 23 – ED v Dai (11 August 2023) [pdf, 245 KB]

   ...account, made a health check appointment, booked a tourist trip and forwarded Immigration NZ’s letters to her. [43] It appeared to the Registrar that the activities undertaken by FN fell under the statutory definition of clerical work which was permitted to be undertaken by unlicensed individuals. Furthermore, FN had sought Mr Dai’s advice on immigration matters in relation to the application and had copied that advice to the complainant. 6 Complaint to Authority (12 October...

8. EMPC - Pro bono assistance service application [pdf, 296 KB]

   ...in the available time. Accordingly, you (and not the Service or its lawyers) are responsible for taking any steps necessary before a limitation period expires. Exclusion of liability 8. For the removal of any doubt, to the extent that the law permits, you agree to exclude any liability of any nature whatsoever which the Service or its volunteer lawyers or ADLSI, or any of ADLSI’s or the Service’s other servants or agents, might otherwise have to you in respect of any matter arisin...

9. Smiler v Peters - Estate of Hani Ihimaera or Hani Smiler (2008) 185 Gisborne MB 20 (185 GIS 20) [pdf, 1.4 MB]

   ...be given due weight and effect. 6 [8] Her Honour Judge Milroy then adjourned the application back to Gisborne7 Further Correspondence [9] Sheryl Peters then wrote to this Cou11 on 6 May 2008. In that letter she proposed that the Court should permit the following : 1. The Wi Pere Trust Estate shares be transferred to Tony Brown of the Wi Pere blood-line; 2. The remaining land interests should devolve as per the Will of the deceased with Jordan receiving his Maori land inheritance...

10. [2018] NZEmpC 115 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [pdf, 235 KB]

    ...opportunity to make further comment on the good faith report before the Court decides whether or not to limit the nature of the challenge or the extent of the 3 Above n 1. evidence to be permitted pursuant to the provisions of s 182 of the Act. Counsel for both parties have filed submissions on the good faith report. [8] The parties have agreed that matters now outstanding for decision, including the application for stay...