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  1. [2019] NZSAAA 1 (4 February 2019) [pdf, 417 KB]

    ...unreasonable “for the student to live with a parent and receive financial assistance from any parent”? Even if this could be seen as ambiguous it is clear that reg 8 is deliberately restricted to a very narrow range of “exceptional” situations. Permitting parents to avoid the Student Allowance income testing regime by arguing that it is unreasonable to expect them to support their adult child despite the fact that they may well be able to afford to do so, would arguably broaden t...

  2. LCRO 68/2018 TY v HG (29 November 2019) [pdf, 220 KB]

    ...(a) in what he characterised as a highly technical legal context, it is “highly unlikely that Mr HG’s clients themselves formed this view in order to instruct Mr HG to make such allegations”; (b) “… confidentiality undertakings did not permit Mr HG to share the information that was the subject of the allegations with his clients”; so (c) he could not have been acting on the instructions of his clients when he alleged that our client had committed offences under the Fair...

  3. Beef + Lamb NZ - EiC - J M Chrystal - Agricultural Science (5 Feb 2021) - Appendix 2 [pdf, 3.1 MB]

    ...uncertain results. Neither AgResearch Ltd nor any person involved in this Report shall be responsible for any error or omission in this Report or for any use of or reliance on this Report unless specifically agreed otherwise in writing. To the extent permitted by law, AgResearch Ltd excludes all liability in relation to this Report, whether under contract, tort (including negligence), equity, legislation or otherwise unless specifically agreed otherwise in writing....

  4. [2021] NZACC 130 - Dunnage v ACC (6 August 2021) [pdf, 465 KB]

    ...month period before the two month extension period began to run. [87] There is no obligation on ACC or in this case AGL as an accredited employer to wait until it was deeper into the 2 month before determining it needed more time. Section 57(2) permits ACC or the accredited employer to take either step, that is make a decision within 2 months or extend the period as soon as practicable and no later than 2 months after the claim is lodged. Section 57(2) is not worded in a way to...

  5. [2021] NZEmpC 95 Concrete Structures (NZ) Ltd v Rottier [pdf, 365 KB]

    ...incorrect. However, I do not regard the dichotomy between the parties on this issue as being particularly significant, since it is what happened next that is important. [20] It is common ground that Mr Henderson then told Mr Rottier that he was not permitted to invite people on site and that this would not be tolerated by the company. Mr Henderson said he made this statement because he believed Mr Rottier must have invited the KCS employees on site, as he was friendly wi...

  6. Director of Human Rights Proceedings v Attorney-General [2020] NZHRRT 45 [pdf, 626 KB]

    ...upon or with whom the offence has been or is alleged to have been committed, or any name or particulars likely to lead to the identification of that person, unless— (a) That person is of or over the age of 16 years; and (b) The court, by order, permits such publication. [45] Section 139 applies automatically. It has the following limbs: [45.1] There must be a report or account which relates to proceedings. [45.2] There must be an action which constitutes publication of that report...

  7. Adlam v Reihana - Himatangi 1H1A (2022) 447 Aotea MB 1 (447 AOT 1) [pdf, 658 KB]

    ...shares. There is currently one dwelling on the block, which is occupied by major shareholder Denby Reihana.7 [9] Local authority zoning rules allow for one residential dwelling unit and one family flat per site, on sites up to 40 hectares, as a permitted activity. For two or more residential dwelling units or family flats on the block, it is considered a discretionary activity under the District Plan requiring a specific resource consent.8 6 445 Aotea MB 54-56 (445 AOT...

  8. LCRO 8/2021 CK v SE (23 November 2021) [pdf, 284 KB]

    ...be bound by the trustees’ proposal until she knew of Mr CK’s and their sister’s response, I make the observation the preferable approach for Ms SE might have been to first inform the trust’s lawyer that Ms AF’s instructions would not permit Ms SE to communicate Ms AF’s position on the trustees’ resettlement proposal until Mr CK and their sister had responded. [81] In that way Ms SE would have reduced or eliminated any possible perception the trust’s lawyer may ha...

  9. National Standards Committee v Young [2017] NZLCDT 41 [pdf, 315 KB]

    ...20 See above n 12. 18 [80] We are mindful that in assessing Mr Young’s conduct we must reach our own independent conclusion without merely referring to the comments of the Judges who dealt with the proceedings.21 However, we are permitted to accept evidence of the comments of Courts on relevant matters, and attribute such weight as we see fit.22 [81] The Judges who were the recipients of Mr Young’s arguments did not mince words: “His actions were concerning in a...

  10. Harris v Department of Corrections [2013] NZHRRT 15 [pdf, 125 KB]

    ...pleaded not guilty. The charge was ultimately withdrawn. Mr Harris conceded that he would have been given the documents. Once again, possession of the document does not establish it was lost in Albany. [41] Mr Miller also gave evidence that it is permitted that a prisoner personally carry out a physical inspection of the prisoner’s file, albeit in the presence of a Corrections officer. In this way it was possible that Mr Harris could have had direct access to original documents fr...