Search Results

1. [2017] NZSAAA 05 (18 October 2017) [pdf, 207 KB]

   ...decision to reassess his eligibility over the period in question was correct. [11] Although it was not relevant to the review and is certainly not relevant to this appeal, the Secretary also commented adversely on the lack of any formal process permitting StudyLink to deduct overpayments of the sort established in this case from ACC compensation arrears – as it can in the case of benefit overpayments under the Social Security Act 1964. Doing this would mean that “ACC payments for...

2. 2021-02-22 Minute - PC8 - Willowridge Developments Ltd - s 281 application [pdf, 223 KB]

   ...In its Notice and subsequent memoranda, Willowridge states: a. it applies under s 274(1)(d); b. it is not a trade competitor for the purpose of s 308A; c. its proposed joinder is confined to its interests in two proposed rules in relation to permitted and restricted discretionary earthworks (rules 14.5.1 and 14.5.2, together the Rules) and that it supports the deletion of those Rules; and d. it has an interest in the proceedings greater than that of the general public. 6. Willo...

3. BORA Maritime Powers Extension Bill [pdf, 295 KB]

   ...however, seeks to extend the powers of Customs officers to vessels outside New Zealand’s territorial jurisdiction. While the issue of the extraterritorial application of the Bill of Rights Act is nuanced, we are satisfied that it applies to legislation permitting extraterritorial action taken or directed from New Zealand by New Zealand officials.8 19. Whether a search will be unreasonable turns on a number of factors, including the nature of the place or object being searched, the degre...

4. Insley v Insley - Awanui Haparapara No 4B (2019) 211 Waiāriki MB 68 (211 WAR 68) [pdf, 371 KB]

   ...this did not amount to termination by operation of law since terminating the trust still required a formal order of the Court to be effective. A similar argument could be mounted here. However, the confusion that would ensue if trustees were permitted to submit and withdraw resignations to the registry and to their fellow trustees at will without any compelling reasons would be counterproductive. [26] My conclusion is that the respondents’ attempt to withdraw their resignations wa...

5. O'Rorke v Hohaia - Pukekohatu (2006) 173 Aotea MB 114 (173 AOT 114) [pdf, 599 KB]

   ...is accordingly dismissed. Future use of the land [27] However that cannot be the end of the matter. The options remain for a lease or the proposed agreement recorded by Judge Spencer. A further extension of the leasing suggestion would be to permit the Maori Trustee, assuming that trusteeship remains unaffected, to embark upon an arms length tender process on strict commercial terms for lease of the entire block. Whatever option is eventually agreed or imposed, the current impasse...

6. Motutere - Tahawai Parish of Lot 12A s 9, 16, 22, 26, and 32 Residue (2003) 76 Tauranga MB 182 (76 T 182) [pdf, 1.9 MB]

   ...provide for a review after two years from the date of this decision. (d) Existing occupiers - all indications prior to the hearing, and from most of those at the hearing who mentioned it, were that those currently occupying houses on the block be permitted to remain. However, one person considered that the Court should not bind the trustees to allow existing occupiers to remain, but should allow the trustees to take whatever action they deem appropriate. My understanding is that the...

7. [2022] NZEmpC 50 Gate Gourmet New Zealand Ltd v Sandhu [pdf, 206 KB]

   ...Oil New Zealand Ltd in relation to outsourced electronic discovery.9 As Katz J observed, what is ordinary for one firm may well not be ordinary for another. That is particularly so in this jurisdiction, and given the range of representatives permitted under the Act. I also respectively agree with and adopt the Court’s broader statement of principle, namely that:10 [80] The costs rules must therefore be interpreted and applied in such a way as to best secure the just, speedy a...

8. [2015] NZEmpC 216 Roy v Tamaki College Board of Trustees no 3 interlocutory [pdf, 151 KB]

   ...given. (7) The Judge or Registrar may deal with an application on the papers, at an oral hearing, or in any other manner the Judge or Registrar considers just. 3.14 Decisions on applications under rule 3.13 … (2) A Judge may permit access to a series of files for the purposes of research. … 3.16 Matters to be taken into account In determining an application under rule 3.13, or a request for permission under rule 3.9, or the determination of an objection u...

9. OLL v NJK [2013] NZIACDT 34 (30 May 2013) [pdf, 127 KB]

   ...and it would result in the issue of an interim visa. [12.6] Ms OLL had support persons with her at the meeting with Mr NJK. They raised the question of whether it was true that an interim visa would not be issued if Ms OLL did not hold a current permit to be in New Zealand when her application was made. They were correct, as no interim visa would be issued in those circumstances. However, Mr NJK became rude and aggressive and required the support persons to leave his office. [12.7]...

10. [2011] NZEmpC 169 Kim v Thermosash Commercial Ltd [pdf, 126 KB]

    ...262, 267 (CA). limit evidence to what is not in dispute. Where a defect in pleading, challenged as disclosing no reasonably arguable cause of action, can be cured by amendment which the plaintiff is willing to make, the Court will almost always permit amendment rather than striking out. What is not in dispute [8] On 24 October 2007 Mr Kim provided Thermosash with a medical certificate which stated that he had suffered an injury during a basketball game and that he had run int...