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1. [2022] NZEmpC 192 E Tū Inc v Rasier Operations BV [pdf, 483 KB]

   ...in a way which recognises and supports the broader legislative purpose, rather than undermines its place within the fabric of society. Section 6, and the satellite provisions conferring minimum entitlements which sit around it, are designed to be protective; to regulate the labour market and ensure the maintenance of minimum standards. They reflect a statutory recognition of vulnerability based on an inherent inequality of bargaining power, that certain workers are unable to adequately p...

2. Decision-of-Coroner-B-Windley-as-to-Scope-of-Issues-for-Inquiry-28-4-22-signed.pdf [pdf, 1 MB]

   ...Royal Commission’s investigation was largely conducted in private.12 The Terms of Reference expressly required that information it received in its investigations into the operational practices of public sector agencies remain confidential where protection of public safety and the security and defence interests of New Zealand made that necessary. The Royal Commission also considered that private hearings were necessary to encourage witnesses, particularly from the intelligence comm...

3. [2009] NZEmpC AC 44/09 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 22 KB]

   ...the next 7 days. Mr Dunn may then have until 4 pm on Wednesday 23 December 2009 to file and serve a statement of defence to those amended proceedings. The matter can then be set down for a call-over in the new year. Counsel for the parties may care to give some consideration, for economic if for no other reasons, to dealing with the substantive issues by written submissions rather than at a hearing, although to have a hearing is of course their choice. [15] Mr Cruicksha...

4. Taueki v Horowhenua District Council - Horowhenua (11) Lake (2013) 298 Aotea MB 263 (298 AOT 263) [pdf, 187 KB]

   ...provide the trustees with a more direct role in managing their own property. Such a possibility does not seem outlandish in the twenty first century. [13] In any event, it should be obvious to all parties that unless proper legal process is carefully observed regarding any proposed leases or licences, given the history to these and related proceedings, further litigation is probable. Decision [14] The application is adjourned to a chambers hearing on 23 April 2013 at Whanganui...

5. Auckland Standards Committee v Flewitt [2010] NZLCDT 12 [pdf, 23 KB]

   ...lawyers in terms of the subsections of s 242(1). [8] We consider that in particular, while not wishing to minimise the other offending, the frauds on the Legal Services Agency must be given considerable weight. They were carried out with careful premeditation; they involved a breach of trust by a practitioner in a system which relies on honesty and integrity. While Mr Flewitt may say that he did not steal from his clients, he still acted dishonestly in his role as a lawyer, n...

6. Ruapehu District Council - Ohura South A3E2C3B2A Block XIII Tuhua Survey District (2014) 321 Aotea MB 95 (321 AOT 95) [pdf, 123 KB]

   ...anything or using the land in any other capacity, commercial or otherwise. It is noted that the land could be used for agricultural purposes. [6] It is also said that the council has been issuing invoices on a regular basis to Koroheke Hinerau care of Rangimoeke Houpapa of 66 Garland Drive, St Andrews, Hamilton. Despite these efforts, no payments have been received. Moreover, it is said that there has been no objection to the levying of rates and issuing of invoices by the coun...

7. BORA Families Commission Bill [pdf, 136 KB]

   ...Rights Act affirms the right of a person when suing, or being sued, by the Crown to have that litigation conducted in the same way that litigation between two individuals would be conducted. 13. We have previously advised you that the right protects an individual’s ability to enforce the law against the Crown in the conventional way in the ordinary court. That is different from guaranteeing a cause of action against the Crown. Still less does section 27(3) guarantee there will be...

8. BORA Weathertight Homes Resolution Services Amendment Bill [pdf, 372 KB]

   ...6. The Canadian courts have taken the view that a proper balance between the interests of the individual and the state can be struck if the requirement to produce documents is subject to appropriate terms and conditions, including those designed to protect the interests of the person compelled to provide the documents.[2] 7. We have concluded that this provision appears to be consistent with the right to be secure against unreasonable search and seizure. In reaching this conclusion we not...

9. BORA Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Bill [pdf, 336 KB]

   ...amends the Patents Act 2013. In particular, the Bill proposes the following changes: a. an amendment to the grounds on which a person can oppose the grant of a patent under the Patents Act 2013. This would allow patent applicants to claim patent protection for more than one invention per application; b. provision for a single patent application process and single patent examination process for Australia and New Zealand; and c. a single trans-Tasman registration regime for Australian...

10. ND v VC LCRO 7 / 2012 (15 June 2012) [pdf, 74 KB]

    ...the Applicant was making claims for payment for services that had not been contracted for, which remained his position. The Practitioner submitted that his correspondence ought to be read in the context of acting for a Crown entity and trying to protect it from devoting further time and resources in dealing with the 3 Applicant’s claims for payment for services that had not been contracted for. With reference to the Applicant’s successful outcome at the Disputes Tribunal,...