Search Results

1. Monschau v Bamber - Tahorakuri A No 1 Section 33A2 [2016] Maori Appellate Court MB 286 (2016 APPEAL 286) [pdf, 264 KB]

   ...transfer, or other instrument of 2016 Maori Appellate Court MB 295 assurance, together with all rights and remedies (if any) to which the owners were entitled in respect of the land immediately before the vesting but subject to any lease, licence, mortgage, charge, or other encumbrance to which the land or assets may be subject at the date of the making of the order, and the fact that the land or other assets is or are held by that person or those persons on trust shall be stat...

2. [2006] NZEmpC AC 51/06 Fuiava v Air New Zealand Ltd [pdf, 118 KB]

   ...the subjective views of what the Court would have done as an employer in the same circumstances, but requires a decision to be made by reference to the objective standards of a hypothetical fair and reasonable employer. Again, the test does not licence the wholesale substitution of the views of the Court for those of the employer but requires an objective evaluation of the actions of the employer against a statutorily imposed standard. The emphasis has shifted from the range of possibl...

3. [2021] NZACC 14 - Folland v ACC (12 January 2021) [pdf, 241 KB]

   ...a Bachelor or Information Technology. He has some relevant product knowledge together with some customer service experience. He can plan jobs, keep records, problem solve, calculate costs and be of service to others. He has a class I driver licence. He is vocationally ready for this job at entry level. [48] Mr Berry recorded Mr Folland’s comments as: I don’t know about sales and I only deal with old machines. [49] Mr Berry also commented that a number of other jobs may h...

4. Roos v Wang [2010] NZWHT Auckland 10 [pdf, 288 KB]

   ...genuine with the writer introducing features so as to deny later. Accordingly at this stage of my examinations and comparison I am unable to determine which scenario is more likely.” [40] At the hearing, I asked to see Mr Kiff’s driver’s licence and his credit card. To the layman’s eye, his signatures on both those documents looked very much like the signatures on the producer statement and on the material guarantee. However, I accept the need for caution and that...

5. 221013-Web-Attachment-Summary-of-Submissions-Policy.pdf [pdf, 421 KB]

   ...<https://stepstojustice.ca/>. 21 civil justice problems. • Encourage innovation in service provision (for example, through the development of regulatory ‘sandboxes’3 to trial programmes of new classes of legal actors such as navigators and limited licences). • Increase legal aid funding and make the funding process more accessible to the public and lawyers. • Provide encouragement and incentives to experienced lawyers providing legal services for free or at...

6. Arthur v Accident Compensation Corporation (Vocational Independence) [2023] NZACC 36 [pdf, 253 KB]

   ...Taylor, Vocational Consultant at Ergoworks, to commence a Back to Work Programme with Mr Arthur. [56] On 2 October 2018, Mr Taylor confirmed that Mr Arthur had completed a pre- employment preparation programme, a curriculum vitae, a class 2 full licence, a 11 forklift endorsement and OSH operator’s certificate, wheels, tracks and rollers endorsements and a P endorsement. Mr Taylor confirmed that Mr Arthur was vocationally work ready for the roles of Stock Clerk, Human Resourc...

7. CAC 10054 v Hume [2013] NZREADT 91 [pdf, 252 KB]

   ...proved. [86] We are very conscious of the evidence of Mr Hocquard covered above that the defendant has worked for him as a licensee over the last two and a half years or so without any issues. That could indicate that revocation of the defendant’s licence might not be appropriate. There are testimonials of support for the defendant. On the other hand, the defendant’s threatening and aggressive conduct described above indicates that he is a thoroughly unsuitable character to deal...

8. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 52 [pdf, 226 KB]

   ...authority to support the Committee’s submission that he was obliged to disclose that to the Joshis. She submitted that the authorities cited as supporting the Committee’s submission went no further than stating a general principle that where a licenced real estate agent is involved in a transaction, a party is entitled to expect that the transaction will be conducted in a professional way. [79] Ms Lucas further submitted that in the absence of a clear obligation to disclose a l...

9. Complaints Assessment Committee 416 v Prasad [2019] NZREADT 001 [pdf, 251 KB]

   ...73(a). The proper approach is that the Tribunal must: [a] First consider whether the licensee’s conduct was disgraceful, then [b] Secondly, if such a finding is made, consider whether the found conduct affects the licensee’s fitness to hold a licence (see s 36(1)(c) of the Act and (for example) the Tribunal’s decision in Revill v Registrar).8 This enquiry is properly undertaken at the penalty stage. [90] We accept Mr Waalkens’ submission that Ms Prasad added to her diary e...

10. Te-Manutukutuku-Issue-79.pdf [pdf, 11 MB]

    ...Forests Agreement, which enabled the govern­ ment of the day to pursue its preferred policy of corporatising State­owned forestry assets. Under the agreement, the Government could sell the cutting rights to Crown forest land under new forestry licences. In exchange, Māori received an additional protection for their well­founded claims relating to Crown forest land : they could seek an interim recommendation from the Tribunal that the land be returned to Māori ownership, and th...