Search Results

1. Contract-for-services.pdf [pdf, 475 KB]

   ...relation to charges and Proceeds of Proceedings 3.7. The Provider must comply with their obligations under section 107 of the Act to: 3.7.1. take all reasonable steps to protect the interests of the Commissioner under a charge, including not doing or permitting anything that would or might effect the transfer of the property without the charge being satisfied, and 3.7.2. advise the Commissioner if they are aware that an aided person has, is, or is attempting, to avoid making payments...

2. Director-General of Conservation [pdf, 467 KB]

   ...Requiring a general improvement in farming practice to reduce diffuse discharges of those contaminants; and b. Focusing priority action on those farming practices that reduce those contaminant(s) set out in Table 3.11-2; and c. Enabling, through permitted activity rules, low intensity farming and horticultural activities (not including commercial vegetable production), with low risk of diffuse discharge of contaminants to water bodies, and requiring resource consents for all other acti...

3. Director of Proceedings v Brooks (Application for Final Non-Publication Orders) [2019] NZHRRT 33 [pdf, 1.6 MB]

   ...in practice across the broad spectrum of the circumstances covered by HRA, s 107, not just applications for final, permanent suppression of information. [80] In our view not all of the many circumstances which might conceivably fit the exceptions permitted by HRA, s 107(3) will have the same significance to the general rule of open justice. Some circumstances will impact on open justice to a greater degree than others. As a consequence the degree of persuasion to satisfy the desirability...

4. Brooking v Henderson - Wharekahika A47 (2022) 110 Tairawhiti MB 238 (110 TRW 238) [pdf, 497 KB]

   ...of the trust. Counsel for the respondent, Mr Kahukiwa, acknowledged that there is no express provision in the trust order that authorises the renumeration of trustees.19 He also acknowledged that the law indicates that trustee renumeration is not permitted unless it can be inferred from a trust order that such renumeration entitlement is available.20 16 See Fenwick v Naera [2015] NZSC 68 at [61]-[65]. 17 Te Ture Whenua Māori Act 1993, s 227A(2). 18 See Pook v Matchitt – Mata...

5. [2023] NZEmpC 56 Te Whatu Ora – Health New Zealand v Public Service Association, Te Pūkenga Here Tikanga Mahi [pdf, 471 KB]

   ...rates. (d) The terms sought were based on the nurses’ arrangements, which had not been contained in a pay equity claim settlement within the meaning of s 13ZH(2). (e) Neither were the terms connected in any way with ss 13ZZD or 13ZZE, which permit the Authority to order payment for past work following a fixing application. At best, they might be “factors” that the Authority or Court could take into account within the meaning of s 13ZZD(2)(d) (f) As such, the terms so...

6. Canterbury Earthquakes Insurance Tribunal Act 2019 [pdf, 521 KB]

   ...have regard to the purpose of this Act, which is to provide fair, speedy, flexible, and cost-effective services. (2) In particular, the tribunal— (a) must encourage the parties to work together on matters that are agreed; and (b) must not admit or permit unnecessary or irrelevant evidence or cross- examination; and (c) if experts are used (whether by a party or the tribunal), must consider using conferences of experts to avoid duplication of advice or evidence on matters that are or are l...

7. Chee v Stareast Investment Ltd [pdf, 97 KB]

   ...LIMITED............................................................................................... [64] XIII. CLAIM AGAINST MR BROCKLISS, IN TORT ............................ [67] XIV. CLAIM AGAINST CSR BUILDING PRODUCTS (NZ) LIMITED . [71] XV. CLAIM AGAINST MANUKAU CITY COUNCIL............................ [73] Building permit failure ............................................................................ [73] Inspection Failures ..................................................

8. [2016] NZEmpC 112 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 431 KB]

   ...about what was intended to be the nature of a “union meeting”. [44] The Laws of New Zealand directs the reader to English law on this topic. 6 Halsbury’s Laws of England states: 7 Time off for trade union activities. An employer must permit an employee of his who is a member of an independent trade union recognised by the employer in respect of that description of employee to take time off during his working hours for the purpose of taking part in any activities of the...

9. [2016] NZEmpC 7 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 372 KB]

   ...For instance, the parties cannot have intended that the employer could consider factors which would clash with overriding objectives such as obligations of good faith as found in cls 9 and 10, or in s 4A of the Act. The phrase is not one which permits consideration of any ‘thing’ whatsoever. [99] Secondly, the sub-clause stipulates that the “last on first off” principle is subject to the four specific factors I have mentioned. The parties are at odds as to their understa...

10. Easton v Mayers [pdf, 298 KB]

    ...there has been some betterment in relation to the roof, the eaves and the exterior painting. [2] The first respondent, Brian Mayers, built the dwelling at 14 Clifford Ave that now belongs to the claimants. Mr Mayers obtained a building permit for the dwelling on 24 July 1992 and purchased the section on 27 July 1992. Between 3 August 1992 and 1 February 1994 the Council inspected the building eleven times. A letter dated 8 October 2003 from the Council, document 52 in the...