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1. Bennett v Proprietors of the Waipiro A22B3 Incorporation (2014) 39 Tairawhiti MB 257 (39 TRW 257) [pdf, 257 KB]

   ...39 Tairawhiti MB 271 present during the 2012 and 2013 AGM’s of the Waipiro A22B3 Incorporation, were entitled to regulate the procedure of those meetings, subject to their constitution. [54] Unfortunately, that constitution does not permit the dissolution of a COM by declaration. Thus the Chair of the 2013 AGM had no right to move a motion dissolving the COM of 2012 and the shareholders had no right to vote on such an outcome. But all of this is rather academic because at...

2. Hawkes Bay Standards Committee v Heaphy [2014] NZLCDT 61 [pdf, 343 KB]

   ...was his 13 responsibility to get clear instructions on the specific overseas investment to be made. [47] We have found that Mr Heaphy had instructions to invest $130,000 of Mr Porter’s money. Those instructions did not however permit Mr Heaphy to act as he did in making the investment of Mr Porter’s funds. He was required by the instructions of the client to fulfil the trust imposed on him by making a thorough analysis of each investment proposal considered by h...

3. Director of Human Rights Proceedings v Katui Early Childhood Learning Centre Ltd [2019] NZHRRT 55 [pdf, 193 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. [2018] NZEnvC 097 Handley v South Taranaki District Council [pdf, 5.2 MB]

   ...relies on the High Court decision in Westfield6 It is helpful to refer to the relevant passages from the judgment of Fisher J in full : [59J Of course it would be different if it could be postulated that consents could not be given to certain permitted activities without the imposition of invalid conditions. But I can see no reason for assuming that, faced with the need for changes to roads which lay beyond the immediate ownership and control of the appellants, it would be impossibl...

5. Nile Mosley v The Real Estate Agents Authority (CAC 409) & Cooper & Co Real Estate Limited t/a Harcourts Cooper & Co [2017] NZREADT 62 [pdf, 304 KB]

   ...to provide the Authority with full records. The Tribunal found that the licensee’s conduct, although unsatisfactory, was not at the level of disgracefulness. [67] The Tribunal took into account that the licensee thought that his conduct was permitted by the Residential Tenancies Act, and by the terms of his management contract. 30 Complaints Assessment Committee (CAC 10024) v Downtown Apartments Ltd (in Liq) [2010] NZREADT 6, a...

6. [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...

7. 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...

8. 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...

9. 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...

10. 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...