Search Results

1. Rudd - Horowhenua 11 Part Reservation Trust (2017) 368 Aotea MB 201 (368 AOT 201) [pdf, 287 KB]

   ...expectation, which equity will recognise, that the fiduciary will not utilise his or her position in such a way which is adverse to the interest of the principal. [62] The duty of loyalty is embodied in the profit and conflict rules. A fiduciary is not permitted to profit from his or her office except with the informed consent of the beneficiary. A fiduciary also must not place him or herself in a position where personal interest conflicts with the duty owed to the trust. 16 [63...

2. [2021] NZEmpC 76 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei [pdf, 287 KB]

   ...formal performance management or improvement process. The parties agree that in September 2016 Ms Wei’s role was varied to move her duties away from account duties to focus more on sales and marketing. [11] The employer says this change was permitted by cl 2.2 of the employment agreement which states: 2.2 Duties as set out and may be modified from time to time by the Employer 1. Manage [an ANZ Sky Tours email account] 2. Liaising with billers in good and friendly manner with...

3. LCRO 113/2021 VN v [Area] Standards Committee [X] (27 June 2022) [pdf, 218 KB]

   ...changed. Introduction [1] Mr VN has applied for a review of a decision by [Area] Standards Committee [X]. Background [2] A lawyer who had been in practice for over 40 years files an application for an incarcerated client who is seeking bail to permit attendance at a family funeral. The application is to be heard by a judge (Judge A) who the practitioner has regularly appeared before over a period of some twenty years. The lawyer’s journey to Court is briefly delayed by roadwork...

4. Pue v Kingi - Te Rununga o Ngati Maru (Taranaki) Whenua Topu Trust (2012) 291 Aotea MB 257 (291 AOT 257) [pdf, 227 KB]

   ...with third parties including Solid Energy for purposes that contravened their duties to protect the rights and interests of the iwi and in particular to protect sacred sites. [13] More seriously, Mr Pue claimed that the trustees continue to permit individuals with a history of violence to live at the marae creating an unsafe environment for the beneficiaries. The trustees he said were aware of one instance where a firearm was produced and another example where the applicant hims...

5. ENVC Hearing 6Oct14 WML evidence chief Maxwell Dunn annex [pdf, 2 MB]

   ...Amendment of the Part 4 definition of earthworks to exclude dredging (capital and maintenance). l) Amendment of Chapter J - Rule 5.2.1 Activity Table to provide for the erection and maintenance of marina structures in northern Matiatia Bay as a permitted activity if the Historic heritage overlay – Site ID 1730 (midden site) is not removed from the CMA. m) Inclusion of appropriate explanations in the plan relating to the above matters. n) Such other consequential amendme...

6. [2006] NZEmpC AC 57/06 Kumar v Icehouse (NZ) Ltd [pdf, 114 KB]

   ...serious misconduct. [60] As the Authority is not required to provide a transcript of the evidence it heard as part of its investigation, I am unable to gauge the effectiveness any evidence in chief or of any cross-examination that may have been permitted. I received a copy, by way of an exhibit, of the brief of evidence from Ms Warin before the Authority but, with that exception, I am unaware of what evidence was investigated. It may well be that a different case was presented...

7. [2011] NZEmpC 34 Martin v Northland Education Trust Inc [pdf, 219 KB]

   ...have to be extensive censorship. Although it is perhaps surprising, in retrospect, that the school chose to include a Shakespearean play within the NCEA choices that it had and, especially, to study King Lear among the five Shakespearean plays permitted by the NCEA curriculum in 2009, the fact is that it did so and approved not only the original text but the Longman’s interpretive notes as a teaching aid. [9] Ms Martin had such considerable professional difficulties with both the...

8. 2024] NZEmpC 195 Smalley v Hamilton Hindin Greene Ltd [pdf, 297 KB]

   ...Court's power to make an order under s 178(5) would be exercised on a potentially narrower basis than in the circumstances applicable to a challenge under s 179. A more general right of challenge under s 179 (especially by hearing de novo) permits new evidence or issues to be considered by the Court whereas an application under s 178(5) focuses on the correctness of the Authority's determination which, in turn, will encompass the potentially narrower range of evidence or...

9. Reti v Reti-Steel-Hemaima Reti [2023] Māori Appellate Court MB 274 (2023 APPEAL 274) [pdf, 363 KB]

   ...the length of the relationship between the whāngai and the adopting parents, whether there has been an ohaki, the customary values and practices of the iwi or the hapu associated with the land in question and whether those values and practices permit a whāngai with or without a blood relationship to their matua whāngai to take interests in land. In the end, however, it is a judgement call to be made by the judge after considering all the evidence and having regard to the Preamble...

10. Improving jury trial timeliness - Discussion document [pdf, 447 KB]

    ...alcohol) • Aggravated careless driving causing death or injury • Aggravated careless driving or transport driving causing death or injury (under the influence) • Damage local authority works or property Land Transport Act 1998 • Permit premises or motor vehicle use for drug offence or cannabis offence Misuse of Drugs Act 1975 MAXIMUM PENALTY OF FOUR YEARS’ IMPRISONMENT 23 OFFENCE LEGISLATION • Unlawfully carry or possess firearm, res...