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1. S v L [2017] NZIACDT 3 (4 April 2017) [pdf, 114 KB]

   ...considered that endeavouring to explain and justify the failure to declare the relationship was critical for any real solution. The complainant and the applicant were in a long term relationship, one had residence, the other sought residence, and the work permit was only an incidental issue in the overall situation. The appellant says that while he discussed the issue of the 24 month limit with the complainant and the applicant, they all understood, for obvious reasons, that the issu...

2. BORA Broadcasting (Election Programmes and Election Advertising) Amendment Bill [pdf, 164 KB]

   ...broadcast media from the funds allocated a party under the Bill, for the first time the funding allocations will be able to be used during the election period for election advertisements on the Internet, in addition to television and radio as currently permitted. 1.3 The provisions of the Electoral Act 1993 governing election advertising interact with this Bill. In particular, the requirements for promoter statements on election advertisements and expense limits will continue to apply....

3. [2019] NZEmpC 139 Zara’s Turkish Ltd v Kocaturk [pdf, 372 KB]

   ...Court in Brooker adopted, and reiterated, a liberal approach to a “…fairly low threshold, particularly to what is now the second limb of r 4.56(1)(b)…”.9 (f) The criterion is wider than the wishes or interests of the existing parties. It permits joinder to enable complete and effectual adjudication on the issues raised in the pleadings and all questions involved in the case because of the broad phrasing of the High Court rule.10 [12] Ms Buckett took issue with any relia...

4. Wellington Standards Committee 2 v O'Connor [2023] NZLCDT 21 (17 May 2023) [pdf, 196 KB]

   ...candour in his engagement with it and gave specific examples where it found he had lied under oath. As Ms Pender submits, “There is a risk that public confidence in the profession could be undermined if, despite these findings, the Tribunal permitted Mr O’Connor to continue acting as an officer of the Court”. 3. The historical convictions for dishonesty offending lend considerable weight to the Tribunal’s finding that Mr O’Connor is not a fit and proper person to pr...

5. Falwasser v Olsen - Matata Parish 6A (2014) 107 Waiariki MB 74 (107 WAR 74) [pdf, 150 KB]

   ...not place a blanket prohibition over trustees being trustees on other Māori land trusts rather it requires trustees to remove themselves from voting or discussion on matters that they have a personal interest in. As a fiduciary a trustee cannot permit any conflict between personal interests and the trustee’s duties to the beneficiaries. [38] In this case the mere fact that Mr Olsen is also a trustee of Umutahi Marae does not automatically bar him from being a trustee of the Trus...

6. Gemmell - Mohaka A4 Trust (2011) 11 Takitimu MB 86 (11 TKT 86) [pdf, 109 KB]

   ...Judge Isaac directed that would need to be considered in due course by the beneficial owners at a properly convened meeting. [4] The meeting of owners took place at Hastings on 4 August 2011. The convenor of the meeting, a Mr Bennett, agreed to permit voting by shares and also for owners to vote using proxy forms. The outcome of the election was that Joseph Duncan Gemmell, Joseph Gemmell, Samuel Carter Gemmell, Padre Gemmell and Bessie Phillips were nominated as trustees. [5]...

7. ENVC Hearing 6Oct14 DM local Christine Gisby [pdf, 102 KB]

   ...carpark will be through the restricted 6 keyhole area, which will undoubtedly lead to further pressure on the use of this turning area and greater gridlock. (b) I am aware that there is some suggestion of having a controlled system which permits only authorised berth holders to pass through the keyhole. This will not be effective to avoid congestion because berth holders will still need to be stopped in the public drop off area before the keyhole to verify that they a...

8. Reeves v Gardiner - Waikawa Village Sections 15A, 15B and 15C (2011) 8 Te Waipounamu MB 194 (8 TWP 194) [pdf, 105 KB]

   ...(d) Since the 2005 District Court orders were issued they have spent in excess of $21,000 enforcing the order as well as paying for the removal and replacement of all the fence line. The $21,000 was only incurred because Mr Reeves would not permit them access to his property to carry out the Court orders of 2005; (e) They have been awarded $1,000 costs to be repaid by Mr Reeves; (f) Although they consulted lawyers on the injunction application before the Māori Land Court and t...

9. [2010] NZEmpC 55 Rooney Earthmoving Ltd v McTague & Ors [pdf, 41 KB]

   ...made pursuant to reg 6 Employment Court Regulations 2000, adopting the approach taken in the High Court and affirmed in decisions of the Employment Court. The relevant High Court Rules relied on were r 7.18(2) and r 7.77 which, in combination, permit the filing of an amended pleading after the setting down of a case only with the leave of the Court. Mr Toogood relied on the following principles set out in Corrections Association of NZ Inc v Chief Executive in respect of the Depart...

10. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 47 [pdf, 129 KB]

    ...brief of evidence that attempted to challenge or provide further evidence on issues already determined in the substantive decision of February 2012. We noted that Mr Holyoake had previously been personally advised that the Tribunal would not permit additional witnesses to be called in relation to the remedial scope. [30] In his memorandum opposing the filing of this evidence, counsel for the Zagorskis acknowledged that he had not attempted to read all the material which r...