Search Results

1. MacGregor v Craig (Rescission of Confidentiality Orders) [2016] NZHRRT 23 [pdf, 225 KB]

   ...order provides: [149.2] An order is made under s 92I(3)(b) of the Human Rights Act 1993 restraining Mr Colin Craig from continuing or repeating the breaches of his confidentiality obligations under the settlement, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach or conduct of any similar kind. [53] In the course of the proceedings the Tribunal received closed documents from Ms MacGregor. To protect the confiden...

2. [2022] NZEmpC 183 Butt v Attorney-General [pdf, 372 KB]

   ...to enter into the Record of Settlement as a result of such misrepresentation (if established)? [5] If the plaintiffs were induced to enter the Record of Settlement by a misrepresentation, it will be necessary to consider whether cancellation is permitted under s 37(2) of the Contract and Commercial Law Act 2017 (the Act) or whether damages are appropriate under s 35 of the Act. This will require consideration of the following issues: 1 Butt v The Attorney-General sued on beha...

3. Abyaneh v Auckland City Council [pdf, 175 KB]

   ...12 [36] On 1 August 2005 Mr Abyaneh then lodged a claim with the WHRS and inspections of the property was carried out by the assessor Mr Neil Alvey on 27 September 2005 and 20 October 2005. [37] According to Mr Alvey, Mr Abyaneh would not permit any destructive testing to be applied and apparently only after considerable persuasion was Mr Alvey allowed to carry out some moisture testing - although not as much as he wanted to do. [38] It also has to be recorded that when Mr...

4. 2021-04-23 TAs - MOC - submissions 2 [pdf, 323 KB]

   ...the external context of related legislation, regulations, policies and standards. 5. Where the text and purpose do not align and the purpose is clear, any faults in drafting must not be allowed to obstruct that purpose. Some elaboration is permitted to fill gaps provided that it is consistent with the legislative scheme.1 However, where the text is clear it cannot be given a meaning it is incapable of bearing.2 1 Central Plains Water Trust v Ngai Tahu Properties [2008] NZRMA...

5. Proposals-to-Improve-Court-and-System-Performance.pdf [pdf, 1.1 MB]

   ...to it, to ensure that if Cabinet does agree to it, it would be workable for Police and Crown Law. Allowing a longer timeframe for electing a jury trial 27 I also consider there is potential to reduce delays by changing when the defendant is permitted to elect a jury trial (as opposed to proceeding to a judge-alone trial). Currently, if a defendant wishes to elect a jury trial, this must be done when the defendant pleads not guilty, which is usually by the defendant’s second appeara...

6. BORA Insolvency Law Reform Bill [pdf, 382 KB]

   ...allow a purchaser to acquire good title to the debtor's property, and allow the Court to make an order to re-transfer the property of the bankrupt on the cancellation of an irregular transaction. 54. The objective behind these clauses is to permit the transfer of the bankrupt's property to the creditors in order to discharge the debts. The Assignee acts as a neutral intermediary in these situations. Without vesting the property in the Assignee (a fundamental aspect of the insol...

7. [2007] NZEmpC WC 32A/07 Port of Napier Ltd v Maritime Union of NZ Inc [pdf, 76 KB]

   ...will be unlawful and should be nipped even before it is allowed to bud. Although there are risks attaching to any industrial dispute that includes picketing, those must be assessed realistically and balanced against the law’s requirement to permit persons to act lawfully as they have told the Court they intend to. [56] I do not consider that the plaintiff has established an arguable case at this stage that what the defendants might do will be unlawful and should be restrained fro...

8. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 163 Aotea MB 99 (163 AOT 99) [pdf, 1.4 MB]

   ...understand the full exient of their duties and in particular those referred to above. [28] The practice of holding meetings that effectively excluded a significant number of trustees is inexplicable. Likewise, the notion that the trustees were permitted to continue operating without annual general meetings of beneficiaries as required by the Regulations. Another concern must be the practice of paying fees and expenses without the approval of the Court or the beneficiaries in circums...

9. Sawyer v Victoria University of Wellington (Strike Out) [2024] NZHRRT 9 [pdf, 260 KB]

   ...strike out must be used sparingly and if a defect in a claim can be cured, an amendment of the statement of claim is preferred to striking out the claim.24 Where a defect in a statement of claim can be cured by amendment, a court will generally permit such an amendment rather than striking the pleading out. In Marshall Futures Ltd v Marshall Tipping J said:25 It seems to me that in a case where the Plaintiff can undoubtedly start again, being within time, the Court should only str...

10. Wihone - Panguru A16 & others (2016) 123 Taitokerau MB 199 (123 TTK 199) [pdf, 447 KB]

    ...of support for the application among the owners having regard to the nature and importance of the matter and having regard to the principles in the Preamble, s 2 and s 17 of the Act. There is no room in our opinion for an approach which would permit the encumbering of Māori land without the owners’ knowledge or consent. [23] Accordingly, the applicants need to demonstrate that there is a sufficient degree of support for the water easement among the owners of each of Panguru A16...