Search Results

1. [2015] NZEmpC 58 Hoff v The Wood Lifecare (2007) Limited Industries [pdf, 177 KB]

   ...this room. Studio 3 was not an empty room and Debbie was told not to unlock it. [44] Ms Berryman was cross-examined about this evidence and in the end she conceded that she could not remember whether she had told Debbie that she wasn't permitted to access Studio 3. The point is, however, that what Ms Berryman alleged in her evidence about giving instructions to Mrs Hoff was information which should have been conveyed to Mrs Hoff in a timely way prior to her dismissal so that...

2. Hutcheson v Houkamau - Porangahau 2B No 10 (2021) 88 Takitimu MB 118 (88 TKT 118) [pdf, 581 KB]

   ...of Trusts in Australia (8th ed, Lexis Nexis Butterworths, Australia, 2016) at [17-39] 39 Breakspear v Ackland [2009] Ch 32 88 Tākitimu MB 140 The authorities also confirm that there is no dispute that as a fiduciary a trustee cannot permit any conflict between personal interests and the trustee’s duties to the beneficiaries: Boardman v Phipps.40 Even a potential conflict of interest is enough to render a transaction improper:41 A reasonable man looking at the relevant...

3. [2021] NZEnvC 027 Director-General of Conservation v Taranaki Regional Council [pdf, 1.8 MB]

   ...water). (ii) Maintenance and operation of specified infrastructure within or within a specified distance from a natural wetland (including vegetation clearance, earthworks or land disturbance, or the taking, use, damming or discharge of water) is a permitted activity subject to certain conditions provided for in regulations 46 and 55. If those conditions are not complied with, maintenance and operation becomes a restricted discretionary activity. (b) "Reclamation" of the bed...

4. [2019] NZEmpC 187 Byrne v The New Zealand Transport Agency [pdf, 411 KB]

   ...non-disparagement clause. He said it was a very strange conversation. Mr Sephton’s decision [48] Following this meeting, Mr Sephton decided to proceed on the basis of the draft contractual documentation which existed between NZTA and WSP Opus, which permitted NZTA to give a direction as to how many people and who would be working on the Project. [49] The relevant clause of the CCCS was as follows: 4.3 Key Personnel The written approval of the Client shall be obtai...

5. January 2020 National Panui [pdf, 255 KB]

   ...required to enable us to forward a copy of the monthly National Pänui to you. Information about you will not be disclosed to any other person in a form that will identify you except where you have consented to such disclosure or where such is required or permitted by the Privacy Act 1993 or otherwise as permitted by law. You may at any time contact us to check the details held and request changes by writing to the Pänui Analyst, DX Box SX11203, Wellington, or by email to MLCpanui@justice....

6. Anti-Money Laundering and Countering Financing of Terrorism - Cabinet Paper 4 - March 17 [pdf, 241 KB]

   ...statute (for example, NZ Law Society). Such sharing must be for law enforcement or regulatory purposes, and the disclosing agency needs to be satisfied that the other agency/regulator has a proper interest in receiving the information. Unless permitted under another statute, any other sharing of information relevant to the Act, for example to or from reporting entities, or from regulators, can be made in accordance with regulations or an information sharing agreement. This...

7. [2017] NZEmpC 127 South Canterbury District Health Board v Sanderson [pdf, 709 KB]

   ...book enables ATs to note shift preferences, inclusive of on-call shifts. The use of the book is variable between ATs. Requests are accommodated where possible, there being few circumstances where a request cannot be fulfilled. ATs are also permitted to swap shifts. [39] At all material times the DHB maintained, and it continues to maintain, accommodation for call-back purposes. The location and nature of this accommodation has varied over the period of the AT’s claim. [4...

8. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

   ...references to NZLC and Dorfliger are used interchangeably (for ease of grammar). They refer to the “builder” without implying liability (at that point). [8] On the 22nd day of May, 2000 Dorfliger acting for NZLC applied for a building consent permitting the construction of the chalet on behalf of the owners. On 7 the 1st day of June, 2000 ODC issued a building consent in respect of the construction of the dwelling. [9] On the 22nd day of May, 2000 after lodging the...

9. LA Terms of Reference - quality and value audits [pdf, 531 KB]

   ...the appropriate Approval/s to undertake such work and complies with any Condition/s of their Approval/s. This applies whether the delegated provider is to be paid or unpaid, and 4.2.5. must ensure that any work delegated to a non-lawyer is of a kind permitted by the policy, and must provide appropriate supervision. CON 3.6 In accordance with section 105 of the Act, the Provider must not take any payments relating to Legal Aid Services or Specified Legal Services unless those 7 Provider Co...

10. LCRO 105/2018 SW v NL (23 August 2019) [pdf, 292 KB]

    ...concluded that Mr NL, when acting on the sale of the property, did so for both Mr RA, and Ms SW. Taking into account that Mr RA and Ms SW were involved in an unresolved relationship property dispute between them, the next question is whether Mr NL was permitted to do so in such circumstances. [129] As discussed above, the test in r 6.1 whether a lawyer is permitted to act for more than 1 client on a matter or transaction is whether “there is a more than negligible risk that the l...