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1. [2012] NZEmpC 137 Glenmavis Farm Partnership (2007) v Todd [pdf, 163 KB]

   ...interesting and possibly unique question about an employer’s liability to maintain working time and holiday records and the consequences of not doing so, at least to a sufficient standard. [37] The plaintiff’s case is that Mr Todd should not be permitted to take advantage of the absence of any or at least adequate records because, it says, he was responsible for their maintenance but failed to do so. There is no question that the holiday records were not complete or otherwise a...

2. BORA Future Directions (Working for Families) Bill [pdf, 217 KB]

   ...12 and 12A insert new sections 132AB and 132AC into the Social Security Act. These would authorise the making of regulations in relation to temporary additional support (cl.12) and childcare assistance (cl.12A). These authorising provisions would permit the making of regulations that include distinctions and determinations based on a number of the proscribed grounds of discrimination. For example, new section 132AB authorises the making of regulations that prescribe the amount of temp...

3. Naidu v Royal Australasian College of Surgeons [2018] NZHRRT 23 [pdf, 252 KB]

   ...following remedies: (a) a declaration that the action of the defendant is an interference with the privacy of an individual: (b) an order restraining the defendant from continuing or repeating the interference, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the interference, or conduct of any similar kind specified in the order: (c) damages in accordance with section 88: (d) an order that the defendant perform any...

4. Thompson & Ors v CAC 20006 & Adams [2013] NZREADT 65 [pdf, 90 KB]

   ...effectively at an end, with the deposit being forfeited to the purchaser and the vendor owing any additional building costs by way of a loan to the purchaser, together with interest (clause 22); 10 [d] Under clause 27, the purchaser was not permitted to register a caveat against the existing certificate of title, other than in the limited circumstances contemplated by, and for the purpose set out, in clause 21; [e] Clause 25 imposed various obligations on the purchaser in rela...

5. Mihaka v Housing New Zealand Corporation (Dismissal) [2017] NZHRRT 29 [pdf, 278 KB]

   ...noted all communications passing between her, HNZC and the Tribunal have been copied to Mr Mihaka’s email address. Even were Ms Raue to be described as a Māori agent, such description would make no difference to the extensive role the Tribunal has permitted her to play in these proceedings. [19] In the event the timetable was enlarged so that Mr Mihaka was given until 1 July 2016 to file his evidence. See the Minute dated 9 June 2016. [20] Through Ms Raue, Mr Mihaka then made a...

6. Waudby - Wharepuhunga 16B8 (2004) 107 Waikato MB 163 (107 W 163) [pdf, 5.2 MB]

   ...Trust in all other areas besides this one. I do not think that the Court's consideration of whether trustees acted reasonably is limited solely to the occasion on which the trustees committed the breach of trust. In my view the Court is permitted to balance the detriment to the beneficial owners which might have occurred through the breach against the good work done by the trustees in other areas. As Mr Clark pointed out, although this is not an action for a breach of trust...

7. Pacey v Adlam - Matata Parish 39A 2B 2B 2A (2017) 178 Waiariki MB 32 (178 WAR 32) [pdf, 365 KB]

   ...election process were confusing, especially matters concerning dual trusteeship, proxy voting and the nomination process. She says it was not clear whether people could be nominated for both trusts or only one, given that dual trusteeship was not permitted. Further, the nominee list was amended close to the election date and owners may not have received all nominee biographies in time. This meant that owners were given insufficient time to digest the changes, which especially effec...

8. Pirika v Mita - The Estate of Nepia Enoka Mita [2014] Chief Judge's MB 685 (2014 CJ 685) [pdf, 373 KB]

   ...length of the relationship between the whāngai and the adopting parents, whether there has been an ōhākī, the customary values and practices of the iwi or the hapū associated with the land in question and whether those values and practices permit a whāngai with or without a blood relationship to their matua whāngai to take interests in land. [29] The Biddle case determined that in Tūhoe, whāngai who are unable to clearly establish a whakapapa link cannot take rights to whā...

9. Orsborn v CAC 20006 & Collier & JVL Prestige Realty Ltd[2013] NZREADT 69 [pdf, 72 KB]

   ...too high level. There was certainly negligence by the second respondents in those respects. [44] The licensees thought that the roll value of the 9.5 acres was $460,000 but should have realised it had been reduced to $435,000. The Terms of Sale permitted vendor bidding. The licensees did explain to the appellants that a substantial section was being subdivided off the 9.5 acres and retained by the vendors. [45] Inter alia, Mr Stewart submits that to suggest that the appellants wer...

10. Smith - Waiomu 3B2B2B3B2(2015) 105 Waikato Maniapoto MB 12 (105 WMN 5) [pdf, 185 KB]

    ...of the access way over 1B are to be paid by the B2 owners; f) The B2 trustees are also to construct and install improved drainage along the access way over 1B land at their own cost and to a council compliant standard; g) Mr Dehar is to be permitted to use Lot 2 as a soakage field for his septic tank provided that there is no other suitable area for use for soakage purposes on 1B. There is a direction to Mr Dehar and the B2 trustees to liaise to consider the best solution for t...