Search Results

1. [2021] NZEmpC 90 OSS Ltd v Arthur [pdf, 264 KB]

   ...preliminary only and made only for the purposes of the present application. [19] OSS says the Authority erred in determining that any grievance was an unjustified dismissal, as opposed to an unjustified disadvantage. It would be unfair if OSS was permitted to argue this limited point, but Mr Arthur could not argue that the dismissal was justified not only on the basis of flaws with regard to potential redeployment but on the grounds he has raised previously. [20] OSS proposes to...

2. BORA Immigration (Mass Arrivals) Amendment Bill [pdf, 335 KB]

   ...The purpose of the group warrant regime is to provide for the effective management of a significant mass arrival, primarily by allowing for the use of a group warrant to detain multiple individuals for a longer period of detention than is normally permitted. It is apparent that the mere fact of a mass arrival could make it necessary to detain all members of the group under a single warrant and for longer than usual. The potentially large numbers of people involved could overwhelm New Zeala...

3. [2016] NZSSAA 033 (28 April 2016) [pdf, 44 KB]

   ...with his daughters to pay for his care rather than gift money to them. The amount of $240,000 over a seven-year period would amount to $34,000 per annum or $659.34 per week. This is less than the maximum rate rest homes in the Wellington area were permitted to charge in 2010 and subsequently. Had the appellant paid his daughters for his care at rest home rates for four years, the cost would have been at least $162,240. Gifting, rather than paying for the services received, avoided iss...

4. Oversight of Oranga Tamariki System and Children and Young People’s Commission Bill [pdf, 245 KB]

   ...these groups. In order to effectively undertake this, we consider it necessary for the Commission to have access to a wide range of information from a broad group of people across different sectors of society. We note that clause 107 (3) does not permit collection of identifying information and that the inquiry power of the Commission (clause 99 (i)) is limited to systemic matters including any legislation or policy or practice that relates to or affects the rights, interests or well-bein...

5. [2019] NZEmpC 48 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 370 KB]

   ...undesirability of a substantial waste of time and effort if it becomes common practice to bring actions in two courts involving substantially the same issues; (h) how far advanced the proceedings are in each court; (i) the law should strive against permitting multiplicity of proceedings in relation to similar issues; and (j) generally balancing the advantages and disadvantages to each party. 16 At 481. 17 At 482. See also Ro...

6. Naera v Fenwick - Whakapoungakau 24 Trust [2011] Māori Appellate Court MB 301 (2011 APPEAL 301) [pdf, 118 KB]

   ...further noted that the respondents have continued to send out press releases on the future of the project as though there were no question of its proceeding. [16] She does not object to the payment of $100,000 to TGPL but if the Court were to permit the payment to be made, it should stay the trust from taking any further steps to progress through the agreement, either by itself or through its 16 Appellants‟ submissions on applica...

7. 20220421-Section-7-Report-Rotorua-District-Council.pdf [pdf, 320 KB]

   ...7 Hansen v R [2007] NZSC 7. 5 WELLINGTON, NEW ZEALAND Published by Order of the House of Representatives – 2022 22.3 The spirit, intent and generosity of Ngāti Whakaue as provided in the Rotorua Township (Fenton) Agreement (which permitted establishment of the Rotorua Township with the approval of Ngāti Whakaue); 22.4 The need to guarantee Māori representation at the decision-making table, to ensure mana whenua can inform decisions being made by the Council. 23. T...

8. Hape v Smith - Part Te Pupuke K No 2 (Māori Reservation) (2015) 99 Taitokerau MB 174 (99 TTK 174) [pdf, 189 KB]

   ...seeking the replacement of various trustees who had resigned and the removal of Bryce Smith. The application records the grounds for removal of Mr Smith as: (a) He has not attended a meeting since 2009; and (b) Personal financial gain from a permit consent without knowledge or consent by the marae. [10] The application first came before Judge Ambler on 21 March 2014. 4 At that hearing the applicant sought the removal of Bryce Smith for failing to carry out his duties. The...

9. MVDT Annual Report 2013-2014 [pdf, 255 KB]

   ...the purchaser discovered that it was not a rare N1 model but a stock standard Nissan GTR. The trader, although acknowledging that it had misrepresented the vehicle as an N1 model claimed that because the purchaser had applied for a special interest permit it was unable to refund the purchaser with his purchase price. The purchaser then discovered seven months after he agreed to buy the vehicle that it was extensively rust damaged and required rust repairs to its underbody estimated to...

10. [2018] NZSSAA 24 (15 May 2018) [pdf, 224 KB]

    ...structure that ensures all pension entitlements are paid under the supervision of a nominated official of the paying Government, and remitted to the Government of New Zealand. The Regulations exclude other types of arrangement. Accordingly, the only permitted arrangements do not rely on the beneficiary complying; that avoids creating a potentially costly audit obligation for the Ministry. A limitation of this kind is clearly contemplated by s 123C, when authorising regulations tha...