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1. Wihelmus Hooft van Huijsduijnen v Woodley [2012] NZWHT Auckland 11 [pdf, 451 KB]

   ...alleged breach of contract for the sale of a property in Whitby. Factual differences included the vendor taking part in the building or supervising parts, a clause in the contract providing for a builder’s report, the vendors’ failure to obtain a resource consent (later obtained retrospectively) and no code compliance certificate. The Council had listed in its inspection report matters which did not comply with the Building Code. 28...

2. Recommendations recap - issue 7 [pdf, 1.4 MB]

   ...Service is reactive rather than proactive; rather than call a vessel to check their status and conditions they wait for each vessel to give them this information. There are also some deficiencies in radio coverage in Fiordland, due to a lack of resources. As a result the crew of either boat may have tried to send a radio message before their ship sank that never got through. COMMENTS AND RECOMMENDATIONS The coroner noted that both the K‑Cee and the Governor had EPIRBs. Both appear t...

3. [2015] NZEmpC 157 Labour Inspector v Cypress Villas Ltd full court [pdf, 515 KB]

   ...underlying policy of the provision. If the policy of s 234 is as broad as the majority have concluded it is, then it seems to me that there will be very limited room for the Authority to manoeuvre. So, for example, it appears that where a Human Resources manager in a company has instructed a payroll clerk/agent to make the necessary payments under an employment agreement which ultimately turn out (up to six years later 48 ) to have been incorrectly calculated, that manager (who m...

4. LCRO 14/2023 BW and Company A Limited v PK and OJ (31 August 2023) [pdf, 430 KB]

   ...[328] [redacted. [329] [redacted]. [330] It seems likely that if the complete file of lawyer-to-lawyer correspondence between mid-December 2021 and mid-February 2022 had been given proper and unhurried consideration by independent counsel, the resources of the Lawyers Complaints Service might not have been engaged in this matter. 95 See [75] of this decision. 96 See [83], third paragraph of this decision. 56 [331] The complainants are nevertheless entitled to have their c...

5. RIS - Abortion Law Reform [pdf, 750 KB]

   ...abortions. An increased rate of early medical abortion may have the benefit of further reducing the already low rate of complications from having an abortion. Abortion service providers Health facilities would no longer have to dedicate administrative resources to licensing applications to the Abortion Supervisory Committee. This would be negligible as the existing processes and procedures relating to health facilities would continue to apply. Non-monetised benefits Women seeking...

6. [2008] NZEmpC WC 17/08 Witcombe v Clerk of the House of Representatives [pdf, 219 KB]

   ...alleged misconduct. The second purpose was to seek legal advice about the process of that investigation and the content of the report. [61] In Simunovich, the High Court Judge himself found only one judgment of direct assistance, that in Auag Resources Ltd & Anor v Amax Gold Mines New Zealand Ltd & Ors HC Auckland, CL59/93, 17 June 1994. There the challenge was to a claim of privilege in draft minutes of joint venture directors’ meetings. Henry J in Auag concluded that...

7. Smitheram v Hanns [2010] NZWHT Wellington 24 [pdf, 483 KB]

   ...NZ Building Code‟. [178] On 24 July 1998 David Walker issued a certificate under the Building Act 1991, section 46(4) (a) and (b) being an application for the Wellington City Council to issue a certificate pursuant to section 224(1) of the Resource Management Act 1991 in relation to 65 Austin Street. The certificate covered both the units. [179] In that certificate Mr D Walker said that he had carried out a detailed examination of the plans and specifications and was sati...

8. [2012] NZEmpC 57 Foai v Air New Zealand Ltd [pdf, 265 KB]

   ...perfect” for him because he no longer had to work the shift work hours he had worked throughout the previous five years. He said that his contract for the T&A Administrator’s position was set up by Ms Budny and Mr Paul Daniell, a Human Resources Manager with Air New Zealand. Mr Daniell was based in Christchurch but he would travel to Wellington periodically. Mr Foai said that when he asked Ms Budny at the outset what “average earnings” were, he was told that, “it wa...

9. Technical report of evaluation of the court-referred restorative justice pilot [pdf, 681 KB]

   ...level of participation in this conference; and whether or not anyone (including professionals) had inappropriately dominated the discussion or intervened inappropriately during the conference. Then, they were asked about the sufficiency of funds or resources for setting up and holding this conference, whether or not it had taken account of the offender’s and victim’s interests, and whether or not it was culturally appropriate for the victim and for the offender. Finally, with res...

10. MacGregor v Craig [2016] NZHRRT 6 [pdf, 226 KB]

    ...terms of the Act had lent the process a quasi-judicial character and the requirement of observing the principles of natural justice had resulted in an elaborate and protracted system of provisional and final opinions. The length of the process and the resources consumed led the Re- Evaluation team to recommend a conciliation process to be carried out principally by staff rather than by Commissioners. Where this was unsuccessful, the complaint was to be referred to the (then) Proceedings Co...