Search Results

1. [2006] NZEmpC AC 66/06 Clark v Northland Hunt Inc [pdf, 103 KB]

   ...performance and whether there was a right to delegate performance. Integration [33] The integration test arose from the analysis of Lord Justice Denning (as he then was) in Stevenson Jordon & Harrison Ltd v Macdonald and Evans [1952] 1 TLR 101, 111: … under a contract of service, a man is employed as part of the business, and his work is done as an integral part of the business; whereas, under a contract for services, his work, although done for the business, is not int...

2. Barnes v Adlam – Matata Parish 39A 2A Ahu Whenua Trust (2015) 127 Waiariki MB 184 (127 WAR 184) [pdf, 291 KB]

   ...shareholding were also recorded. The minutes record the following result: Option One: Poll Voting only 127 Waiariki MB 188 Result: 10 Option Two: Voting by show of hands Result: 33 Yes Option Poll voting only Result: 101 shares (50.57% of overall shareholding for block) No Option Voting by show of hands Result: 59.4 shares (29.76% of overall shareholding for block) [14] There was no support for the draft trust order provision which provided for poll...

3. ENVC Hearing 6Oct14 DM expert Dennis Scott [pdf, 364 KB]

   ...that these activities are vital to the transport role of the land unit. It is, however, recognised that the final form of these activities and the road will need to be determined in conjunction with the final form of the mixed use development.” 101. The location of these areas is shown on Figure 10a.1: Matiatia. 102. In my opinion, the proposed marina at Matiatia will fail to integrate with this strategic, focused planning framework. The proposal simply fails to recognize some of...

4. [2015] NZEmpC 54 Goel v Director-General for Primary Industries [pdf, 266 KB]

   ...parties, and may, in investigating the matter, concentrate on resolving the employment relationship problem, however described. [57] Turning to the remedies that the Authority may allow in respect of personal grievances, the starting point is s 101 of the Act which sets out the objects of Part 9. These objects include: (a) to recognise that, in resolving employment relationship problems, access to both information and mediation services is more important than adherence to rig...

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

   ...The grounds for NCIL seeking cancellation was succinctly put by their counsel who said the Lower road was of ―no practical use to the owners of the sandspit titles as they could not lawfully access the public road from the Lower road‖ (121 WH 101). [38] In opposition to the application to cancel the Lower Road, the Māori land blocks listed above in para [24](d) to (k) inclusive rely upon the 900m restricted roadway for their access. They and other owners of other blocks were als...

6. O'Reilly v CAC301 & Anor [2015] NZREADT 15 [pdf, 295 KB]

   ...members. Any references in Club minutes to a guarantee to Westpac are used in the more informal sense that the Governing Body had assured Westpac that it would provide information and documentation if the Club’s finances deteriorated further. [101] It seems to us that, once appointed as licensed salesperson, Mrs Buchanan acted as salesperson with full disclosure of her other roles and financial interests within the Club; took diligent steps to avoid any conflict of interests; and carr...

7. Wells & Anor v REAA CAC 20007 & Anor [2014] NZREADT 36 [pdf, 83 KB]

   ...failure to collect that deposit and she sets that claim out as follows: “ Details of the extra costs incurred by us because of Shane Robinson’s actions: Expenses incurred by Daphne and Graeme up to 27 March 2014 Penalty interest 6 days at $101.96 $611.76 Advertising with Ray White $477.26 Additional lawyer’s costs $1,346.19 Interest for Bridging Finance 5/10/11-23/11/11 48 days at $38.08 $1,827.84 Interest on principal to be repaid from sale of 24A Gladstone Road -...

8. NH v Singh LCRO 53/2013, 91/2013 and 115/2013 (27 August 2014) [pdf, 95 KB]

   ...the LCA can be met by limiting publication in some way, and have concluded that limiting publication in the following ways meets the purposes of consumer protection and the maintenance of public confidence in the provision of legal services. [101] Publication of the decision will include reference to Mr Singh’s name but exclude details of XYZ, QRS, the complainants and associated entities. [102] It is relevant that Mr Singh remains in practice, and may continue in practice for s...

9. Smith v ACC [2010] NZACA 7 [pdf, 90 KB]

   ...case is that it demonstrates that there is a significant discretion to use documents other than tax returns. In the end, it was the evidence as a whole gathered from a variety of sources that Mr Blackwood used to assess relevant earnings. [101] The other case that is of some assistance here is Snowdon. In that case Mr Snowdon suffered a whiplash and lower back strain injury as a result of an earth moving vehicle tipping over. For reasons discussed in the judgment, it was not until...

10. Aitken v Laudermilk [pdf, 78 KB]

    WEATHERTIGHT HOMES TRIBUNAL CLAIM NO: TRI-2008-101-000098 BETWEEN DAVID & BRENDA AITKEN Claimant AND JAN & GABRIELLE LAUDERMILK First Respondent AND DAI JONES Second Respondent AND BRENT RULE Third Respondent AND MARLBOROUGH DISTRICT COUNCIL Fourth Respondent AND CONTOUR ROOFING (NELSON) LTD Fifth Respondent AND PHIL FROST (REMOVED) Sixth Respondent AND TONY SMALL (REMOVED) Seventh Respondent AN...