Search Results

1. LCRO 10/2018 DO v ABC & Body Corporate (30 August 2019) [pdf, 274 KB]

   ...lawyer and client relationship. [58] If it stood alone, that proposition might well need to be tempered with the observation that client protection should not be paternalistic. However, that appears to be recognised by the rule itself, as it permits a direct communication if the third party is agreeable and their lawyer has reasonable advance notice of the intention to communicate. 16 13 [2016] NZHC 2288. 14 Being to maintain publi...

2. [2013] NZEmpC 206 Candyland Ltd v Jarvis [pdf, 135 KB]

   ...Jarvis accepted that Mrs Coker had told her to have her lunch break but that she got diverted by Ms Lang asking for assistance with her show. Rather than immediately taking a break, she assisted Ms Lang and then had a brief break later, as time permitted. It is evident that staff members pitched in to help others as required, consistently with the varied nature of the tasks they were employed to do and the ebb and flow of customer demands throughout the day. Mrs Jarvis said that...

3. Donnelly v Tuala Rongohaere Marae (2007) 78 Ruatoria MB 55 (78 RUA 55) [pdf, 267 KB]

   ...apposite to the instant case. I will not be drawn into mandate issues over fisheries between supporters of Te Rünanga o Ngäti Porou and Uepohatu. There are processes available to deal with such matters and neither this nor the Appellate Court will permit cases over the administration of Mäori reservations to become vehicles for mandate disputes. They are a distraction and for present purposes have no value in these proceedings other than to illustrate the behaviour of certain...

4. [2015] NZEmpC 82 Smith Crane and Construction Ltd v Hall [pdf, 226 KB]

   ...Division with Smith Crane and Construction Ltd based in Christchurch, New Zealand. Details of employment would be as follows:  A commencement date of as soon as practicable to suit your personal circumstances and on presentation of your NZ Work Permit.  Your usual hours of work would be 7.00am to 5.30pm, five days per week, Monday to Friday (50 hours per week) however you are expected to work hours required to manage the operation as described in the attached job descrip...

5. [2018] NZEmpC 67 Wendco (NZ) Ltd v Unite Inc [pdf, 322 KB]

   ...lawyers wrote to Unite, in response to a strike notice which had been issued that day, stating: Finally, we remind you that during any strike you may not picket unlawfully. This means that you may not picket on private property. You are not permitted to picket on any of Wendy’s property, including stores, car parks, driveways or drive thrus. You are also not permitted to block drive thrus. It is unlawful to intimidate any employee or customer of Wendy’s. If any trespass,...

6. Tuwhangai v Boon - Kawhia U2B [2022] Maori Appellate Court MB 345 (2022 APPEAL 347) [pdf, 313 KB]

   ...Rae v International Insurance Brokers (Nelson Marlborough) Ltd [1998] 3 NZLR 190 at 192 (CA). Particular weight will be accorded in summary judgment proceedings to the need for finality: it is only in exceptional circumstances that the Court will permit further evidence to be filed on appeal: Lawrence v Bank of New Zealand (2001) 16 PRNZ 207 (CA). [26] We are not satisfied that the further evidence is necessary to reach a just decision for three reasons. First, the appellant had amp...

7. [2013] NZEmpC 131 Young v Bay of Plenty DHB [pdf, 83 KB]

   ...as to how much of that award vests in the Official Assignee and how much is left to Mr Young for the financial support of himself and his family. [50] That is not a reckoning that the Court can undertake, let alone at this point. In order to permit that to happen, however, the Official Assignee should not be permitted to discontinue or withdraw either Mr Young’s claim to remuneration compensation for those periods or even, assuming liability is established against the d...

8. LCRO 251+257+258+259+260+261/2015 TS Trust v WK, VH, Ql, IV, ZG (13 June 2018) [pdf, 220 KB]

   ...Conveyancers Disciplinary Tribunal. [19] The Trust also sought a variation of the restriction on publication by the Committee should the Committee’s findings be confirmed on review. It sought: removal of the confidentiality restriction: (i) to permit a copy of the document to be provided to Ms KJ; and (ii) to permit publication of the names of the practitioners Mr WK [20] [Counsel A] submitted that the Committee erred in the finding of unsatisfactory conduct against Mr WK i...

9. [2021] NZEnvC 124 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 1.7 MB]

   ...ONLs or RCLs. 10. The following table identifies rules that have different requirements depending on whether land is within the ONL, ONF or RCL landscape classification. Rule Rural Zone ONF Rural Zone ONL Rural Zone RCL Chapter 25 Earthworks permitted volume (cut and fill) 10m³ 1000m³ 1000m³ Chapter 21 Rural Zone Farm Buildings Farm buildings are not permitted and require a resource consent. Farm buildings are permitted up to a height of 4m and ground floor...

10. Rafiq v Commissioner of Police [2012] NZHRRT 13 [pdf, 98 KB]

    ...inquiry by the Registrar, Mr Rafiq confirmed that he had not travelled to Wellington, would not be attending any of the hearings and would be relying on his “paper submissions”. The hearing accordingly proceeded in the absence of Mr Rafiq, as permitted by Regulation 19(3) of the Human Rights Review Tribunal Regulations 2002. The Commissioner’s only witness, Ms Katherine Baird, Legal Adviser of Wellington, gave oral evidence in accordance with her brief of evidence and answered su...