Search Results

1. [2009] NZEmpC AC 15/09 Air New Zealand Ltd v V [pdf, 95 KB]

   ...addressing the inherent inequality of power in employment relationships; … [44] The plain meaning of the text of s103A is undoubtedly consistent with addressing the imbalance of power in employment relationships. This is because it permits all aspects of an employer’s conduct which adversely affect an employee to be subject to objective scrutiny and review if challenged. [45] Section 4 addresses the requirements of parties to an employment relationship to deal wit...

2. Mok v Boyd [2010] NZWHT Auckland 29 [pdf, 264 KB]

   ...deficient and/or to correct the plans; b) He constructed the house in a manner that suffered from defects and created the probability of water ingress; c) He failed to take reasonable care in the supervision of other contractors; d) He caused, permitted or allowed departures from the plans in relation to the cedar cladding and the soffit above the garage door and in the manner in which the plaster was applied; e) He failed to ensure appropriate sequencing of the work carri...

3. Mackey - Succession to Rangi Hawea MacKey (2022) 113 Tairawhiti MB 37 (113 TRW 37) [pdf, 419 KB]

   ...That order pursuant to s 113 is made in favour of all seven children in equal shares as listed below. 1 Te Ture Whenua Māori Act, ss 237(1) and 239(1). 113 Tairawhiti MB 42 [17] The only real issue concerns whether the Court should permit the vesting of these shares in the Mackey Whaipooti Whānau Trust, given the unanimous consent of the whānau of the deceased to include these Māori land shares and interests in that trust. Te Ture The Law [18] The relevant...

4. [2016] NZEmpC 120 Whanau Tahi Ltd v Dasari [pdf, 211 KB]

   ...as to the circumstances which occurred in this matter. Mr Dasari came to New Zealand in 2010 on a student visa. The purpose of his visit was to study towards a diploma in business. Whilst studying he worked part-time at Pizza Hut as he was permitted to do by the terms of his visa. Under the terms of the visa he could work up to 20 hours per week. In March 2011 he was issued with an open job search visa for 12 months. During that time he worked full- time for Pizza Hut and whe...

5. RIS - Amendments to the Administration of Justice (Reform of Contempt of Court) Bill [pdf, 384 KB]

   ...of court. The Law Commission recommended replacing the common law with a statutory offence to dissuade jurors from undertaking their own research. The offence would clarify the law and send a clear message to jurors that research is simply not permitted. Under the Bill, a juror who deliberately investigates or researches information relevant to the case before the jury would commit an offence and be liable, if convicted, to a maximum penalty of 3 months’ imprisonment or a fine no...

6. Wickliffe v Pearce - Paengaroa North B4B and K Aggregated (2005) 289 Rotorua MB 236 (289 ROT 236) [pdf, 5.9 MB]

   ...lost further opportunities for income and asset enhancement. An independent report had confirmed as much and yet little had been done by the Trustees to heed its recommendations. By siphoning money from the Trust to the Company, the Trustees had permitted the kiwifruit operation to diminish in both income and value and this was a breach of trust; and U) because of these events, the Trustees had lost the confidence and support of the beneficial owners, an essential precondition for maint...

7. [2021] NZACC 31 - Reynolds v ACC (5 February 2021) [pdf, 206 KB]

   ...again. [46] He submits that the Panel’s concession, that the accident events, as listed, had at least a minor causal contribution to the chronic changes in Mrs Reynolds’ lumbar spine, is significant. He says that this is because ACC is only permitted to decline cover for a personal injury caused wholly or substantially by a traumatic process such as aging or disease. He submits that it is settled law that there does not need to be any particular contribution to a physical in...

8. Puna v Puna - Rotopounamu 1B1A [2022] Chief Judges MB 28 (2022 CJ 28) [pdf, 335 KB]

   ...unsuccessful. Mr Puna believes that a further avenue of enquiry which could lead to locating the family arrangement document might involve a search of ‘The Puna Family Meeting Minute Books’ but has expressed doubt as to whether he would be permitted access to those records or further, be allowed to copy any documentation held in the family minute books. 24. This report also notes that Linda Merata Puna, Raymond Kaukohea Puna and Nikoela Aroha Puna succeeded equally to furth...

9. Williams v Trustees of Parahirahi C1 (2005) 37 Kaikohe MB 212 (37 KH 212) [pdf, 6.5 MB]

   ...hllstees needs to be reviewed. Final orders can not be made until all the current trustees are given an opportunity to be heard on why they should not be replaced I expect all of those tl1lstees who wish to continue to justify why they should be permitted to retain their positions. [63] The directions of the Court and the orders I will make in tlus regard are detailed at the end ofthis judgment. APPLICATION A20020006764 [64] The background to this application has been fully traver...

10. Protection order applications December 2021 [xlsx, 93 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...