Search Results

1. Proactive release - Electoral Amendment Bill No2 [pdf, 1.9 MB]

   ...With my proposed ban, a candidate or party secretary would be guilty of an illegal practice if they receive any donation (over $50) from an overseas person and do not return it to the donor or send it to the Electoral Commission. 2 Australia also permits foreign donations to parties and candidates between AU$100 and $1,000, but only if the donation is not given or accepted with the intent of being spent on election expenses (e.g. advertising). New Zealand’s rules for party donati...

2. CAC 20003 v Jhagroo [2014] NZREADT 8 [pdf, 193 KB]

   ...s 73 of the Act. [88] With regard to charge 2, we find that the defendant must have known or should have known, on the evidence available to him, that a sale of the property at $505,000 could not take place because mortgagees would not permit that to happen. Accordingly, he has steered Mr and Mrs Kamhara into an unrealistic situation which has cost them significant money. We think that the advice and conduct of the defendant in those respects is incompetent and negligent b...

3. Dudley - Matoa, Whara and Te Karaka Ahu Whenua Trust (2017) 150 Taitokerau MB 151 (150 TTK 151) [pdf, 275 KB]

   ...shareholdings or other entitlements, nor the presence of representatives of absent persons entitled to vote. A proxy cannot vote on a show of hands unless the rules or articles, or relevant statute expressly provides otherwise. However, even when rules permit a proxy to vote on a show of hands, a member who holds a proxy for another member may exercise only one vote on a show of hands. This is on the same principle that the person exercising a vote on a show of hands must be per...

4. OIA-105083_Part1.pdf [pdf, 8.7 MB]

   ...allows us to share information about court proceedings with Police); a relevant judge has authorised it; or an Approved Information Sharing Agreement (AISA) is in place. The types of court information we can share via AISAs is the list of "permitted information." Extending requests You can extend the time limit at any time before the original 20 day time limit expires. However, it is best-practice not to extend until you have already attempted, in good faith, to pr...

5. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

   ...of good faith. [3] The company applied for leave to extend time to cross-challenge the Authority’s determination and raised a number of objections in relation to the breadth and basis of Mr Pyne’s challenge, and the evidence he ought to be permitted to call in support of it. I declined the company’s application for leave and dealt with the residual objections in an interlocutory judgment of 7 March 2023.3 In summary, I held that Mr Pyne was entitled, on his non-de novo chall...

6. Auckland Waikato and Eastern Fish and Game Councils [pdf, 504 KB]

   ...sub-clause (d) (not just riverine and peat lakes). Amend sub-clause (e) to require implementation of Farm Environment Plans within 5 years. The term ‘timely’, in subclause (c) lacks the required degree of specificity. c. Enabling, through permitted activity rules, low intensity farming and horticultural activities (not including commercial vegetable production), with low risk of diffuse discharge of contaminants to water bodies, and requiring resource consents for all other...

7. Wati v Corrections [2018] NZHRRT 38 [pdf, 330 KB]

   ...complaint that had been withdrawn prior to the completion of the Privacy Commissioner’s investigation. [24] The Tribunal noted that in the first instance, complaints must be dealt with by the Privacy Commissioner and proceedings before the Tribunal are permitted by ss 82 and 83 only where an investigation by the Commissioner has been conducted under Part 8 or where conciliation (under s 74) has not resulted in settlement. The Tribunal concluded at [26] that powerful policy reasons sup...

8. [2013] NZEmpC 81 Brake v Grace Team Accounting Ltd [pdf, 191 KB]

   ...agreement. To suggest to the contrary, he submitted, involved acceptance of the proposition that the defendant was redundant from the moment her employment commenced, or at least potentially redundant and that was a position the defendant cannot be permitted to argue. [70] Mr Reid contended that the plaintiff had met the fourth test and the plaintiff was entitled to act and had acted as the defendant knew or intended, upon the assumption being true and binding and this she did by...

9. [2018] NZEmpC 45 Performance Cleaners All Property Services Wellington Ltd v Chinan [pdf, 427 KB]

   ...order the obtaining of a good faith report, given the existence of the strikeout application. I considered that this application would provide a more adequate opportunity to assess on the basis of the pleaded issues whether the challenge should be permitted to proceed. I also noted that a good faith report could not be obtained for the purposes of a strikeout application, since s 181 of the Act does not allow for such a possibility. [102] Accordingly, I dismissed the application...

10. Protection order applications December 2020 [xlsx, 91 KB]

    ...issued by Police to protect people at risk from violence, harassment or intimidation. When a PSO is made the person bound by it must leave the address while the PSO is in force and abide by certain conditions. If the bound person does anything that is not permitted by the PSO, Police can take the person to court. A breach of a PSO is not a criminal offence. However, where a PSO has been breached, Police can request a temporary Protection Order be issued by the District Court. This occurs as lon...