Search Results

1. Macey v Whitehead - Hauiti Marae (2008) 180 Gisborne MB 31 (180 GIS 31) [pdf, 3.1 MB]

   ...reservation. In essence, she alleged impropriety on the pat1 of several of her fellow trustees. She claimed that Maria Whitehead "falsified" minutes of a meeting held in June 2006 to improperly include reference to a trustees' resolution permitting two of the beneficiaries to undertake refurbishment work on kaumatua flats located at the marae. [2] Ms Macey further alleged that Mrs Whitehead threatened her, acted aggressively and in an intimidating fashion during a mee...

2. CM v EC LCRO 295 / 2011 (17 October 2013) [pdf, 148 KB]

   ...lodged these with Australian immigration authorities. He provided his name and contact details on the forms. He did not meet the women, who were not in fact in New Zealand at the time. [13] The women’s passports contained forged New Zealand visa permits. Once this was discovered by New Zealand authorities, the Applicant was arrested and charged with two charges of dishonestly using a document, contrary to s 228(b) of the Crimes Act 1961. 4 [14] When he first appe...

3. LCRO Annual Report 2012 [pdf, 965 KB]

   ...this point are published on the LCRO’s website. Annual Report 2012 | Legal Complaints Review Officer 10 OPERATIONAL MATTERS The LCRO must conduct any review with as little formality and technicality, and as much expedition, as is permitted by: • the requirements of the Act; • a proper consideration of the review; and • the rules of natural justice. Hearings and reviews on the papers The LCRO can either consider matters in a hearing or, with the consent of t...

4. [2011] NZEmpC 28 Zhang v Sam’s Fukuyama Food Service Ltd [pdf, 149 KB]

   ...dismissed and sought reinstatement. Between the time of the dismissal and the Court hearing, the company had made structural changes to its operations. After describing the changes, the Court stated: In these circumstances it would be unjust to permit the employer to benefit from its structural changes by precluding Mr Ali’s reinstatement in employment that is an effective remedy for his unjustified dismissal. I find that although opposed by the employer’s managers and incon...

5. [2012] NZEmpC 48 Carter Holt Harvey Limited v McAuley [pdf, 134 KB]

   ...here that there is no suggestion of any of these being CHH’s reasons for engaging Mr McAuley on any of the fixed term agreements. [21] As this Court has held before, in enacting s 66 Parliament modified the previous common law position which permitted fixed term agreements to be entered into, except as constrained by other legislative requirements. Section 66 limited the circumstances in which fixed term agreements might lawfully be entered into by specifying prerequisites to t...

6. [2015] NZEmpC 41 Denyer v Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre [pdf, 185 KB]

   ...of imprisonment results in direct payment to the employee, unless the Court directs (as it has done in some cases) that the whole or part of a fine be paid to the employee. As I have said, some doubt has been expressed about whether the statute permits this. Sequestration is a relatively complex and potentially time consuming process but does result in the seizure and sale of property, which can then be applied to meeting the employer’s obligations to the employee. [4...

7. 2017 NZSSAA 039 (20 July 2017) [pdf, 204 KB]

   ...Māmari Stephens. Submissions on behalf of the appellant were filed by Māmari Stephens who is an enrolled barrister and solicitor but who, at the relevant time, did not hold a practising certificate. While s 12K(8) of the Social Security Act permitted Ms Stephens to appear as an "advocate" for the appellant, under s 21 of the Lawyers and Conveyancers Act 2006 she was not entitled to hold herself out as "counsel" for the appellant. Accordingly the submissions h...

8. [2017] NZEnvC 179 Auckland International Airport Limited v Auckland Council [pdf, 6.1 MB]

   ...(Auckland airport,) through the major information outlet for the Council (the website and Our Auckland) and through notification to the various interest groups. [45] Accordingly, in deference to Mr Berry and concerns that s 352(1)(h) may not permit non-personal service, I will dispense with service under s 2AA(2)(b) to the limited extent that the service directed under s 352(1 )(h) is required instead. I note, however, that it is difficult to see how a regulation binding councils co...

9. Regulatory Impact Statement: Expungement scheme for historical homosexual convictions [pdf, 101 KB]

   ...2. The preferred option is to provide individuals with an opportunity to apply to the Secretary for Justice to have their conviction ‘expunged’. This would mean the conviction does not appear in criminal record checks and the person would be permitted to declare they do not have a conviction for any purpose in New Zealand. 3. This approach was preferred over other options because it is simple to administer (which assists in ensuring it can be implemented effectively and efficiently)...

10. York - Matakohe North Eastern Portion Lot 54 Section 3B1 Maori Reservation (2021) 235 Taitokerau MB 288 (235 TTK 288) [pdf, 278 KB]

    ...force on 30 January 2021. Those duties are as follows:5 1. Duty to know terms of trust; 2. Duty to act in accordance with terms of trust; 3. Duty to act honestly and in good faith; 4. Duty to act for benefit of beneficiaries or to further permitted purpose of trust; 5. Duty to exercise powers for proper purpose: 6. A duty to transfer property only to beneficiaries or to the objects of a power of appointment or to persons authorised under a trust instrument or the general l...