Search Results

1. Pirini v Ure - Oakura Pa (2020) 425 Aotea MB 237 (425 AOT 237) [pdf, 274 KB]

   ...context, it is concerning that, if Ms Johns is to be believed, some of the trustees considered it was appropriate to bypass the conflicts of interest clause in the marae charter. [39] The rule is a simple one. A trustee, being a fiduciary, is not permitted to participate or be present in any discussion of a contract that will affect that trustee, or anyone connected with them in the first degree, being their spouse, parent, grandparent, child, grandchild or iramutu. It is one of...

2. NZBORA Advice COVID19 Public Health Response Extension of Act and Reduction of Powers Amendment Bill updated for publication.pdf [pdf, 232 KB]

   ...https://www.justice.govt.nz/assets/Documents/Publications/COVID-19-Public-Health-Response-Bill.pdf 18. While the scope of the COVID-19 orders that may be made under the Bill is considerably narrower than currently under the principal Act, the Bill still permits COVID-19 orders that may impose serious limitations on rights affirmed in the Bill of Rights Act. By repealing the requirement for Parliament to resolve periodically to continue the principal Act, and extending the sunset cl...

3. Tai Rāwahiti v Tauranga - Tekumi A21A (2009) 228 Aotea MB 148 (228 AOT 148) [pdf, 442 KB]

   ...Parihaka and a suggestion by the chairperson to consider relocating an existing house on to the section; (c) at the AGM held on 5 June 2004 the trustees confirmed that the house referred to previously would be moved by mid October 2004 with building permit requirements being resolved. Then at the AGM held on 8 July 2005 there were discussions about insurance claims for burglaries at the house at Parihaka and the renovation; (d) an account had been opened with the BNZ which is solely...

4. Regulatory Impact Statement Trustee Amendment Bill [pdf, 378 KB]

   ...significant, and may jeopardise its ongoing financial viability. 13. The Financial Markets Conduct Bill is expected to be enacted by June 2013, with implementation starting from April 2014. This is intended to provide a longer term solution by permitting the Financial Markets Authority (“FMA”) to appoint a replacement trustee from among all available licensed trustees and require an indemnity from the resigning trustee. This provides a solution which appropriately brings the repl...

5. Hinckley v Macduff LCRO 169 / 2009 (28 January 2010) [pdf, 158 KB]

   ...fraud be criminal (indeed criminal conduct is a separate basis for disclosure). Ms Macduff was of the view that JH was intending to use the power of attorney fraudulently to harm the interests of his father and brothers. In light of this r 8.4(d) permitted her to disclose the facts necessary to prevent that harm. [38] When a lawyer discloses confidential information under one of the exceptions found in the rules he or she must do so “only to the appropriate person and only to the ex...

6. [2019] NZEmpC 130 Packwood v ANZ Bank New Zealand Ltd [pdf, 494 KB]

   ...application seeking a strike out order on the grounds that the parties had reached a full and final settlement, that any attempt to relitigate the matter would be frivolous and vexatious and would constitute an abuse of the Court’s process were it to permit Ms Packwood to continue with her proceeding; that she was estopped from bringing the challenge; and that there was no duress. Non-publication [8] ANZ applied for a non-publication order on several alternative bases. Its pri...

7. Auckland Standards Committee 3 v Ms W [2023] NZLCDT 35 (17 August 2023) [pdf, 214 KB]

   ...suppression [24] The Tribunal prefers to work within a climate of open justice. It encourages the community to have confidence in our regulatory work if practitioner names are routinely published. Nevertheless, s 240 Lawyers and Conveyancers Act 2006 permits us to order non-publication where we are “of the opinion that it is proper to do so.” [25] In this case, it would be inappropriate to publish the detail of the practitioner’s medical and stress-related matters. She is...

8. [2011] NZEmpC 33 Tertiary Education Union v Western Institute of Technology [pdf, 116 KB]

   ...confirmation of any bargaining for a multi-party collective agreement, no bargaining can continue unless and until re-initiated. [37] We think this construction also gives effect to the object of orderly bargaining in s 31(d). If the parties were permitted to continue bargaining for an outcome other than a single collective agreement with all of the defendants, any permissible agreement would involve fewer than all of the parties. As Mr Cranney pointed out, that would mean the...

9. [2011] NZEmpC 32 New Zealand Meat Workers Union of Aotearoa Inc v AFFCO NZ Ltd [pdf, 139 KB]

   ...order of lay-offs and re-employment only as between union members covered by the collective agreement. [15] The defendant also argues that its action in laying off employees with seniority while retaining newer employees engaged under IEAs is permitted under cl 30.c) of the collective agreement which permits the company to retain individuals out of seniority order to meet departmental needs. [16] The plaintiff does not dispute that the collective agreement applies only to unio...

10. Stephen Chiles (dated 12 May 2017) [pdf, 2.2 MB]

    ...document is intended for the sole use of the Client as detailed on the front page of this document to whom the document is addressed and who has entered into a written agreement with the DNV GL entity issuing this document (“DNV GL”). To the extent permitted by law, neither DNV GL nor any group company (the "Group") assumes any responsibility whether in contract, tort including without limitation negligence, or otherwise howsoever, to third parties (being persons other than th...