Search Results

1. Regulatory Impact Statement: Second phase of reforms to the Anti-Money Laundering and Countering Financing of Terrorism regime [pdf, 1.6 MB]

   ...information that can be shared and therefore the value of the sharing; agencies with a clear interest in AML (e.g. Inland Revenue) are excluded 169.2. some information can only be shared in one direction or requires a production order, rather than permitting proactive release 169.3. limiting the purpose to law enforcement purposes has constrained the flow of information and excludes, for instance, information that is relevant to supervision or other regulatory management, but not a crim...

2. [2017] NZEmpC 56 Nel v ASB Bank Ltd [pdf, 179 KB]

   ...Authority’s investigation, and are likely to be relevant in this Court. If ASB calls evidence about such post-termination events from persons who are not senior managers, it is not unreasonable for Mr Nel to have access to other documents which will permit him to do the same. [50] I am satisfied that the request for disclosure meets the test of relevance, as defined, since it relates to the disputed issue of reinstatement. [51] I do not regard the prospect of searching for suc...

3. 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...

4. [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...

5. 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...

6. 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...

7. 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...

8. Soulsby v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 31 [pdf, 301 KB]

   ...Powell DCJ stated: [9] To attempt to get around the review decision by issuing a further decision in reliance upon Dr Louw’s addendum is exactly the type of “collateral attack on a final decision” that the authorities are clear should not be permitted. The fact that it has arisen through a new decision in the first instance, rather than new proceedings is irrelevant. The issue has been decided and the Corporation is therefore estoppel from attempting to re-litigate the outcome thr...

9. [2021] NZEnvC 192 Northport Limited v Whangarei District Council [pdf, 1.5 MB]

   ...sought various amendments for the port. Although it is not directly relevant for current purposes, they were resolved by consent order on 30 March 2021. It is important to note that it included port management subareas within PORTZ to facilitate permitted commercial and industrial activities and specified port management area B (shown in “A” as attached). Northport noise submission Ms McGrath, the planner for the Council, neatly summarises that the Northport submission to...

10. [2006] NZEmpC AC 52/06 Simpsons Farms Ltd v Aberhart [pdf, 143 KB]

    ...Consultation is to be a reality, not a charade. The party to be consulted must be told what is proposed and must be given sufficiently precise information to allow a reasonable opportunity to respond. A reasonable time in which to do so must be permitted. The person doing the consulting must keep an open mind and listen to suggestions, consider them properly, and then (and only then) decide what is to be done. However, consultation is less than negotiation and the assent of the persons...