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1. [2019] NZEmpC 47 Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd [pdf, 349 KB]

   ...provisions are directed at regulating what are colloquially known as “zero-hour” contracts. These are contracts which provide no guaranteed hours of work but which require an employee to remain available to accept work.1 Second, s 67E only permits employees to refuse to perform work in addition to any guaranteed hours specified in an employment agreement. The collective agreement does not specify “guaranteed hours” of work and accordingly s 67E is not engaged. That means...

2. LCRO 43/2019 KD v MX (19 February 2021) [pdf, 223 KB]

   ...for the Appeal. The relevance of this has to be questioned but can only serve to imply that the outcome of the appeal would be available in the near future and that the status quo needed to be preserved in the meantime, and Mr KD should not be permitted to uplift the children from school. (f) Mrs MX advised the schools that the children were “lawfully” in Ms QY’s care pending determination by the High Court. It is exaggerating the words of the Judge, to say that the childr...

3. [2023] NZEnvC 174 Barbican Securities Limited v Auckland Council [pdf, 292 KB]

   ...addition to the existing dwelling on the site, a further principal 8 JWS - Planning at [8.2]. 9 Guardians of Paku Bay Association Inc v Waikato Regional Council [2012] NZRMA 61 (HC). 7 dwelling and an accessory building could be built as a permitted activity provided the relevant development standards are met. There is also a right (either by way of existing consent or existing use right) to replace the dwelling which was destroyed by fire towards the end of 2022. [20]...

4. ENV-2016-AKL-000248 Terra Nova Planning v Auckland Council [pdf, 1.3 MB]

   ...Urban Zone provisions of the PAUP will essentially ‘lock‘ landowners into a zone with Rural Production activity rules. Many of the FUZ area have been countryside living-type zones under the legacy council plans with a rather liberal array of permitted, controlled and restricted discretionary activities. In more than half of the region these zones provided for subdivision to a minimum of 4 ha. Our discussions with Council officers and infrastructure providers indicate that many of...

5. Deputy Registrar - Moteo Estate Trust (2017) 58 Takitimu MB 137 (58 TKT 137) [pdf, 402 KB]

   ...without profiting. Otherwise they allow their duty to conflict with their self-interest which is contrary to the essential role of being a trustee. [56] As to the reasonableness of fees, in Hall v Opepe Farm Trust it was held that trustees cannot permit personal interests to conflict with their duties. The over-arching principle is that trustees must act gratuitously and cannot profit. That said, reimbursement of expenses properly incurred is permissible. Trustees may also recei...

6. LCRO 74/2017 SD v TM (31 January 2019) [pdf, 218 KB]

   ...of an actual conflict of interest”.17 (ii) Below the prohibited threshold — informed consent — r 6.1.1 [47] In circumstances where a lawyer determines that the prohibition in r 6.1 does not apply, r 6.1.1 requires that before the lawyer is permitted to act “the prior informed consent of all parties concerned [must be] obtained”. [48] “[I]nformed consent” is defined in r 1.2 to mean: consent given by the client after the matter in respect of which the consent is so...

7. Wikitera v Anderson - Rangitoto Tuhua 70B No 1B (2015) 106 Waikato Maniapoto MB 201 (106 WMN 201) [pdf, 235 KB]

   ...would be renewed, that the respondent undertook steps in reliance upon those representations and the applicants are now estopped from terminating the lease. Second, the applicants had failed to comply with cl 36 of the lease, being a clause which permits the landlord to lease the block to any beneficiary of the landlord, subject to certain conditions set out in that clause being met. 10 HC Masterton, CIV-2010-435-253, 4 May 2011. 1...

8. Hunia v Skerrett-White - Kawerau A8D (2016) 146 Waiariki MB 281 (146 WAR 281) [pdf, 620 KB]

   ...that is an amount of $2,000 I assume to Mr Fox and another amount of $1,000 to Mr Fox. What are those amounts for? C Skerrett: For Kani that is for lost time, he is self employed. [73] 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. 47 Even a potential conflict of interest is sufficient to render a transaction improper. The Court of Appeal in Naera v Fenwick recently con...

9. Davis - Whangaruru Whakaturia 1D6B9A-D (2006) 108 Whangarei MB 219 (108 WH 219) [pdf, 4.2 MB]

   ...Trust") was established and all four blocks of land were vested in the trustees of that Trust, being Wero Karena, Patsy Karena and YVOlUle Karena, The Trust is subject to a standard wide­ powers trust order which, among other things, does not permit the trustees to sell the land but does pemlit the trustees to bOlTOW money with security over the land, [5] On 2 July 2004 a mortgage was noted in the Court records in relation to the land in favour ofUtrade Limited for the sum of...

10. Nelson Standards Committee v Webb [2011] NZLCDT 2 [pdf, 159 KB]

    ...particulars, except this statement about what constituted common practice, and he denied that his acts and omissions constituted misconduct. [5] We refer to this first charge as “the Email Charge”. [6] The second charge against Mr Webb was that he had permitted his parents to occupy the estate property from late August 2008 until mid January 2009 on a rent-free basis, without disclosing that fact to Milford & Dormer. [7] Particulars supporting the charge were listed, and Mr...