Search Results

1. [2010] NZEmpC 154 Villegas v Visypak (NZ) Ltd [pdf, 68 KB]

   ...behalf, had raised an issue over the interpretation of this clause. A dismissal based on only the employer’s interpretation of a disputed clause would not have been fair and reasonable. The situation was not unlike that dealt with by the Court of Appeal in Sky Network Television Ltd v Duncan.1 There the respondent refused to work the rostered shifts he was ordered to on the basis of advice from the Union that the roster changes were unenforceable. The Court of Appeal held that...

2. Regulatory Impact Statement Managing the cost of legal assistance in the justice sector [pdf, 200 KB]

   ...effectively. Self-represented litigants face personal risks (through inadequate legal advice) and create flow-on costs for the court system (through delays, additional assistance required from court staff and the judiciary, and higher numbers of appeals of decisions). Proposal Description and timeframe Rationale and risks 4-year saving ($m) Most achievable options Restrict the special circumstances test for family Restrict grants of legal aid where the applicant is abov...

3. The Māori Trustee - Pt Sec 1 Blk 1 Punakitere SD (2016) 124 Taitokerau MB 231 (124 TTK 231) [pdf, 242 KB]

   ...directly address the question of the effect of the vesting order on the status of the land. [43] In Pihema v Ngāti Whatua of Orakei Māori Trust Board – Section 722, 790, 792, 793 and 794 Town of Orakei, 20 the Māori Appellate Court heard an appeal against the decision of the lower Court concerning an application under s 437(4A)(a) and (b) of the 1953 Act. The lower Court had made orders vesting the lands in the Ngāti Whatua o Orakei Māori Trust Board and varying the existi...

4. Welsh - Taiharuru 4C3 (2012) 2012 Chief Judges MB 398 (2012 CJ 398) [pdf, 178 KB]

   ...justify an order under s 44(1). Discretion [35] I am mindful of the provisions of s 48(1) of the Act: 48 Matters already finished or pending (1) No order made by the Chief Judge under s 44 of this Act, or made by the Appellate Court on appeal from any such order, shall take away of affect any right or interest acquired for value and in good faith under any instrument of alienation registered before the making of any such order. [36] This is not a bar to the Chief Judge...

5. Parlane v REAA Registrar [2013] NZREADT 94 [pdf, 176 KB]

   ...(s.52(3)). [27] Lastly, the details of licensees are recorded on the public Registrar of licensees (s.63). The details which must be recorded are fairly comprehensive (see s.66). The Present Application To Us [28] The applicant based his (in effect) appeal to us on the fact that he is a fit and proper person and that the Registrar had refused to apply her discretion in a fair and reasonable manner by: [a] predetermining the application based on historical information she had to hand...

6. Tohiariki – Section 1F No 2 Parish of Katikati (2013) 54 Waikato Maniapoto MB 31 (54 WMN 31) [pdf, 213 KB]

   ...288(4), 288(1) and 287(2). Judge Coxhead dismissed the application on the basis that the partition was not necessary to facilitate the effective operation, development or utilisation of the land, as required by s 288(4). 20 The appellant again appealed to the Māori Appellate Court. A different division of the Māori Appellate Court dismissed the appellant’s appeal. 21 Notwithstanding the fact that the issue of sufficiency of support was not before it, the Māori Appellate...

7. [2017] NZEmpC 128 ALA v ITE [pdf, 242 KB]

   ...and/or non-publication order is appropriate, given the nature of responsibilities or other features of a particular party. Then, if a party is dissatisfied with the way in which the jurisdiction is exercised, that person may test that conclusion on appeal. [57] In the case of the first compliance order, ITE exercised his rights, seeking leave to appeal on a point of law to the Court of Appeal, which was declined; 16 and to the Supreme Court, which was also declined. 17 Neithe...

8. [2017] NZEmpC 30 Lumsden v Skycity Management Ltd [pdf, 222 KB]

   ...the Mediator signs the agreed terms of settlement: The settlement is final and binding on and enforceable by us; and except for enforcement purposes, neither of us may seek to bring these terms before the Authority or Court whether by action, appeal, and application for review, or otherwise; and the terms of the settlement cannot be cancelled under section 7 of the Contractual Remedies Act 1979; and that section 149(4) provides that a person who breaches an agreed term of sett...

9. LCRO 159/2014 AB and RJ v OC and BR [pdf, 209 KB]

   ...fell below the requisite standard as she did not attend to matters in a timely fashion, while at the same time conveying an impression that work was in hand. (b) Ms OC’s failure to advise the clients about their options of judicial review or appeal were significant failures. (c) There were many examples of Ms OC’s failure to respond to the clients in a timely manner and failures to communicate. (d) Ms OC acknowledged that she did not complete the retainer, despite there bein...

10. BORA Insolvency Law Reform Bill [pdf, 382 KB]

    ...Zealand). A bankrupt is able to leave New Zealand where she or he is not taking property which ought to be divided among creditors, or with the permission of the Assignee, and an Assignee cannot unreasonably withhold consent. Furthermore, a bankrupt can appeal the Assignee's decision under clause 224 (Appeal from Assignee's decision). 31. We consider that the limitations clauses 420 and 427(1)(f) place on the right to leave New Zealand as affirmed in section 18(3) of the Bill o...