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1. L Foundation v OS [2023] NZDT 555 (2 May 2023) [pdf, 254 KB]

   ...ii. OS would not be entitled to any commission at all (but [OS’ sister] would still receive her commission) if the sale price went below $2,500.00. 40. OS submitted that: a. Caring for and selling the puppies took a great deal of time and resources. b. [OS’ sister] was entitled to payment for her work. c. There was no agreement that she would not receive a commission on sales under $2,500. d. In some instances, she agreed to reduce her commission if she reduced the pric...

2. BORA Kermadec Ocean Sanctuary Bill [pdf, 231 KB]

   ...preserve marine life and the environment in the Sanctuary for the greater public good. The strict liability defences mirror the statutory defences in the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 and s341A of the Resource Management Act 1999. The new offences are in proportion to the importance of the objective, as without the offences there would be a higher likelihood that people would continue to do damage to the environment and marine life of th...

3. MLC - Form 39 - Application for partition [pdf, 170 KB]

   ......................................................................................................................................................................................................... 4. Is this partition intended to be a hapü partition in terms of the Resource Management Act? YES NO Note: If this is a hapū partition, consent from the local authority does not need to be obtained. The Court will impose a restriction as to any alienation over the partitioned land. If th...

4. CAC 10031 v Maran [2011] NZREADT 23 [pdf, 107 KB]

   ...defendant and Weiguo Ding were never resolved with the end result being that the defendant ran into financial difficulties and Weiguo Ding buying 118 Oakdale Road at a mortgagee sale on 9 July 2010 so that he owned both 118 and 120 Oakland Road. Resource consent to the subdivision in his name alone was finally obtained in October 2010. [14] It was as a result of the events briefly summarised above that the present charges were laid against the defendant which allege that he made false...

5. [2012] NZEmpC 127 Hutton and Others v Provenco Cadmus Ltd (in receivership) [pdf, 76 KB]

   ...Court would deal with the claims of only six of the 112 plaintiffs and would be in the nature of a test case. The intention was that the Court’s judgment in the test case now before the Court would achieve savings in Court time and judicial resources and may lead to the parties being able to settle the remaining 106 claims or at least isolate and narrow the issues. Counsel agreed at the directions conference that it would be appropriate to allocate a five day fixture although it...

6. [2006] NZEmpC AC 63/06 Whelan v Attorney-General for CE of the Children and Young Persons Service [pdf, 112 KB]

   ...directions from the then area manager to apply for a practice consultancy role which was identified as a pathway to management in 1996. She felt she would have secured that position but her site manager, Mr Short, objected on the basis of lack of resources in Tauranga. [14] She had also received some delegated management roles, in particular liaison with the Police in relation to threats made to other social workers. [15] There was an issue as to the plaintiff’s qualificatio...

7. LCRO 137-2016 HA v TY Decision [pdf, 100 KB]

   ...on review. The comments made by the Chief Judge are clear and there is no reason why those should not have been accepted as a definitive decision on the allegations. However, Ms HA has now caused Ms TY to incur further costs and expended the resources of the complaints and disciplinary process in continuing to pursue this matter. Decision [33] For the reasons set out above, the determination of the Standards Committee is confirmed pursuant to s 211(1)(a) of the Lawyers and Con...

8. [2016] NZEmpC 113 The Pulp and Paper Industry Council v Oji Fibre Solutions Ltd [pdf, 308 KB]

   ...this approach arises from the fact that the CA (cl 13.3) incorporates the methods of calculation provided by the Act, which do not support the plaintiffs’ methodology. [18] The evidence for the defendants was first from Stephanie Mackie, Human Resource Manager-Projects for Oji. She had previously worked for CHH in various human resources positions. Secondly, there was evidence from Alan Renowden, Remuneration Manager for Oji. He had previously worked for CHH in various payro...

9. LCRO 113/2013 AB v EF (3 August 2017) [pdf, 145 KB]

   ...had applied his mind to the question to be decided could have arrived at it”.5 In this regard he refers to the Wednesbury test for unreasonableness.6 [15] Mr AB is not specific as to his grounds for review, noting that he did “not have the resources currently or the time with recent severe illness to direct the LCRO to individual paragraphs from [his] complaint”.7 [16] His lack of specificity would justify a decision from this Office that is brief. In addition, Mr AB did no...

10. Large v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 203 [pdf, 281 KB]

    ...Walker [1963] NZLR 339, 353-354 (CA); Edwards v Bairstow [1995] 3 OER 48, 57. [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure properly use of scares judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: e.g. Jackson and Kenyon above. [4] An error of law will also arise where a decision is...