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1. LCRO 80/2022 NL v EB (23 July 2024) [pdf, 237 KB]

   ...director of the company at the time the events giving rise to Mr EF ’s complaints arose, was his brother, Mr VF. 1 Mr EF has passed away. 2 [4] [Firm B] was the sole trustee of [Trust 1] (the Trust). [5] The Trust was the owner of 54 sections in a subdivision. [6] Mr EF and his two brothers, Mr VF and Mr OF, had been engaged in litigation relating to the estates of their parents, which incorporated the sections owned by the Trust. [7] In March 2016, the brothers e...

2. [2013] NZEmpC 200 Jonas v Menefy Trucking Ltd [pdf, 160 KB]

   ...Act). The Court is required to consider, on an objective basis, whether the employer’s actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal occurred. Section 103A(3) sets out certain non-exhaustive factors which the Court must consider in applying the test of justification. Of particular relevance are factors (c) and (d) which provide: 103A Test of justification ... (c) whether the...

3. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [pdf, 270 KB]

   ...sending it to Immigration New Zealand (unsigned) as the first schedule to a new employment agreement. The key responsibility remained the same, except reference to the third company was deleted by him. He removed the percentages and the management section, at the same time expanding the “Liaising Duties”, “Administration” and “Reception Duties” sections. Of relevance are the following entries: • liaising on matters relating to the organisation’s operations such as...

4. Tuwhangai v Boon - Kawhia U2B [2022] Maori Appellate Court MB 347 (2022 APPEAL 347) [pdf, 313 KB]

   2022 Māori Appellate Court MB 347 I TE KOOTI PĪRA MĀORI O AOTEAROA I TE ROHE O WAIKATO MANIAPOTO In the Māori Appellate Court of New Zealand Waikato Maniapoto District A20200015962 WĀHANGA Under Section 58, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Kawhia U2B I WAENGA I A Between NIKI TUWHANGAI Kaitono pīra Appellant ME And CHRISTINE BOON Kaiurupare pīra Respondent Nohoanga: Hearing...

5. OIA-106152.pdf [pdf, 310 KB]

   ...hold the information requested. This is because it does not form any part of the Ministry’s regular reporting and there is no obligation under the Act for agencies to create new information. Therefore, this part of your request is refused under section 18(g) of the Act, on the grounds that the information requested is not held by the Ministry and I have no grounds for believing it is held by another agency or Minister. In response to the remainder of your request, please refer...

6. Gwak and Kim TRI-2020-100-006 [2024] NZWHT AUCKLAND 01 [pdf, 237 KB]

   ...he was personally negligent in the carrying out of Compass’ duties when it acted as the certifier during the build of their home. [23] The claimants refer in support of their claims to ss 52 and 90 of the Building Act 1991. However, those sections relate to the liabilities of the private 6 certifier. The private certifier in this case was Compass, not Mr Couper. They are not relevant to Mr Couper’s potential liability. [24] This conflation of Compass’ liability a...

7. Walters - Horahora 1B4A2D1 (2011) 22 Taitokerau MB 209 (22 TTK 209) [pdf, 205 KB]

   ...Lot 3 DP 325466 are all now owned by NCIL. The Legislation [53] NCIL‘s application is pursuant to s 320 of the Act: 320 Roadways may be declared roads or streets (1) The Governor-General may, by Proclamation made in accordance with this section, declare that the land comprised in any roadway laid out by the Court under this Part of this Act or under any corresponding former enactment shall be a road or street. (2) No roadway shall be declared a road or street pursuant to th...

8. Deliu v New Zealand Law Society [2012] NZHRRT 1 [pdf, 103 KB]

   ...on. A direction was made in the Minute of 6 December 2011 that a full and particularised amended statement of claim be filed and served by Mr Deliu by 5 pm on Tuesday 7 February 2012. THE INTERIM ORDER APPLICATION The Chairperson point [25] Section 95 of the HRA confers on the Chairperson power to make an interim order if he or she is satisfied that it is necessary in the interests of justice to make the order to preserve the position of the parties pending final determination of th...

9. [2014] NZEmpC 83 Wilson v Wilson [pdf, 198 KB]

   ...evidence of that witness, if he or she could reasonably be expected to be in a position to give admissible evidence on those matters. 2 The Court is not bound by the provisions of the Evidence Act, but may apply its provisions by analogy. 3 Section 92 codifies the common law requirement that a party must put its case. 4 The policy for doing so is uncontroversial especially where there are credibility issues. As Harrison J in Tootell v Police said: 5 This is a fundamental...

10. INZ (Calder) v Chiv [2019] NZIACDT 73 (21 October 2019) [pdf, 240 KB]

    ...breaching cl 1; (3) failing to ensure that the clients had the opportunity to review their application forms in order to confirm the correctness of the information prior to filing with Immigration New Zealand and ticking ‘yes’ to the declaration section on the forms, thereby being negligent; mailto:nzsuccessimmigration@gmail.com 6 (4) alternatively, failing to ensure that the clients had the opportunity to review their application forms in order to confirm the correctness o...