Search Results

1. [2009] NZEmpC CC 21/09 Solid Energy Nz Ltd V Manson Ors [pdf, 73 KB]

   ...reimbursement of the remuneration lost over the 12 months following their dismissal. The plaintiff opposed any extension of the sums prescribed by subsection (2). [42] For the plaintiff, Mr Shaw referred me to the decision of the Court of Appeal in Rongotai College Board of Trustees v Castle 1 in support of the proposition that there must be a causal link between the plaintiff’s actions and the loss suffered to found a claim for reimbursement. Based on this general pro...

2. [2006] NZEmpC AC 55/06 Downey v NZ Greyhound Racing Assoc Inc [pdf, 80 KB]

   ...that Mr Bryson had to provide his own tools. However, in addition to the control in respect of actual duties, his hours of work each week were specified. He was not simply on call as and when required. Justice McGrath in the dissenting Court of Appeal judgment adopted a similar approach ([2004] 2 ERNZ 526, 530). [28] Mr Downey occupied a totally different position. While there were duties required to comply with the rules of racing, and in performance of his judicial functions...

3. Gibbs- Akura 3C1A3 (2015) 41 Takitimu MB 235 (41 TKT 235) [pdf, 227 KB]

   ...set out the relevant principles and case law: 4 [40] The general principles applicable to a change of status have developed over time. There are a number of decisions of the Māori Land Court, Māori Appellate Court, High Court and Court of Appeal which are of relevance. … [41] In a recent decision, Te Whata – Waiwhatawhata 1A2B6 Lot 1 DP 168554 (2008) 125 Whangarei MB 294 (125 WH 294), Judge Ambler comprehensively identified the relevant legal principles. I summar...

4. TE v Wellington Standards Committee LCRO 100/2010, 92/2011, 153/2012 (1 February 2013) [pdf, 126 KB]

   ...estate will be regulated services. [48] TF disagrees with that decision for the following reasons: - (a) Estate administration stands as a separate and discrete and substantial discipline of its own. (b) The foregoing is reflected in the Court of Appeal decision of Hansen v Young [2004] 1 NZLR 37 at paragraphs [33] to [36]. At paragraph [34], the Court of Appeal referred to the House of Lords decision in Dubai Aluminium Company Limited v Salaam [2003] 1 All ER 97 where Lord Millett...

5. Auckland Standards Committee v Stirling [2010] NZLCDT 4 [pdf, 224 KB]

   ...authority of Atkinson v Auckland District Law Society (NZLPDT: 50/8/90, N Marque, Chair) preferring the approach in Australia in relation to a medical practitioner; Pillai v Messiter (No. 2) (1989) NSWLR 197, 200, a decision of the Australian Court of Appeal. In the C decision [33] the Court held: “To conclude, the Atkinson test adopted by the Tribunal incorrectly includes within the definition of professional misconduct falling within s.112(1)(c) and in other respects, is not par...

6. BORA Countering Terrorist Fighters Legislation Bill [pdf, 362 KB]

   ...must be returned to the relevant agency. The Court must continue to make the decision or determine the proceedings without regard to the classified information or as if the information had not been available in making the decision subject to the appeal or review. We understand that if the withdrawn classified information was the evidence relied upon by the decision maker, on review or appeal without that evidence the decision will appear to be unsupported by evidence and the challenge b...

7. J. Kim v K. E. H. Kim [2016] NZIACDT 32 (22 June 2016) [pdf, 172 KB]

   ...denies she said the complainant could remain in New Zealand. She claims she provided full advice at a meeting on 21 February 2013. It included: [48.1] accurate advice regarding the 42 day period prior to liability for deportation; [48.2] the right to appeal to the Immigration and Protection Tribunal against deportation; [48.3] the right to request a visa under section 61 of the Immigration Act 2009; [48.4] the right to students visas pending an appeal; and, [48.5] other options such...

8. SE v VT, DJ and CM LCRO 163/2014 (11 March 2015) [pdf, 101 KB]

   ...the risk of perception of a conflict. [89] In the leading decision of Russell McVeagh McKenzie Bartlett & Co v Tower Corporation,9 [90] The Court considered that it should disqualify a lawyer from representing a party when: the Court of Appeal considered an appeal from a decision to disqualify a law firm from providing advice to a competitor of an existing client of the firm in proceedings brought against an existing client. That decision considered the balancing exercise...

9. Deputy Registrar - Allotment 5 Parish of Tahawai (2008) 96 Tauranga MB 52 (96 T 52) [pdf, 3.8 MB]

   ...the Native Land Court determined the successors in ownership to Enbka Te Wllanakeupon hii;"death.- Kc5py of the succession ofdei' appeatsat Tab 8 -­ in the bundle of documents supplied by Mr Carlyle. [34] I note, although it does not appeal' to be of great moment, that when a certificate of title was ultimately issued in 1934, Auckland Registry, CT 577/287 the owner was described as Enoka Te Whanake and not his successors. [35] In the Faulkner decision at page 365, Ju...

10. Bristowe - Section 4C1 Blk II Tuatini Township and Lot 1 DP 7439 and Lot 2 DP 7439 (2002) 151 Gisborne MB 250 (151 GIS 250) [pdf, 1.2 MB]

    ...maintained. (See In Re Waipahihi Maori Reservation (1978) 59 Taupo MB 184; In Re Mount Tauhara Maori Reservation (1977) 58 Taupo MB 168; and In Re Sections 722, 790, 792, 793 and 794 Town of Orakei Blocks IX Rangitoto Survey District (Orakei Marae) (1990) Appeal 1989/8) It is important that the underlying beneficial ownership be maintained and that successions be completed. While the legal estate vests in the reservation trustees, the beneficial estate remains in the original owners or...