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1. Appellate judgments 2016

   ...any arguable point of sufficient importance, Employment Court considered and applied well-established principles in awarding increased and indemnity costs. [2016] NZCA 369 Director-General of Health v Lowe Homeworker" (s 5) L, who undertook support care under a Government programme, the Carer Support Scheme (providing respite to persons providing unpaid full time care to a person with a disability) CA overturning a full EC decision that L was a homeworker and so deemed to be an employee to wh...

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2. [2024] NZEnvC 143 Cooper v Kaipara District Council [pdf, 857 KB]

   ...(b) the formation of an internal private roading network and associated stormwater management infrastructure; (c) the creation of a 20m wide esplanade reserve and strip; (d) the provision of approximately 39ha of environmental benefit through the protection and enhancement of stream and riparian margins and bush habitats (to be protected for perpetuity by way of private land covenants and consent notice conditions); and (e) the provision of approximately 16ha of amenity enhancement and...

3. 04-Appendix-Four-DCR_Part1.pdf [pdf, 23 MB]

   ...Status: FINAL│ Project No.: 310203848 │ Our ref: 221010 DCR_V0.9.docx Page 11 Access underpass CH32900 Highway over 25-35 m Watercourse culverts are described in Section 3.9. 3.5. Safety Barriers The Project will include median and side protection barriers on the state highway in accordance with the Safe System philosophy. Barrier design parameters that are being adopted into the Project design include: • MASH testing level compliant median wire rope barrier throughout...

4. CAC301 v Murphy [2015] NZREADT 42 [pdf, 211 KB]

   ...enter the property until some more significant testing had been done. The indicative test told him that there was methamphetamine present at the property and he immediately noticed a very strong smell of that when entering it. He was dressed in full protective clothing comprising a suit, a mask, and breathing apparatus. He observed that whether or not there might be an aroma from methamphetamine could be related to whether the property had been shut up or ventilated prior to entry. [3...

5. Peni v Pahi — Tiroa E Block and Te Hape B Block (2010) 1 Waikato Maniapoto MB 25 (1 WMN 25) [pdf, 148 KB]

   ...have to seek removal of the trustee by the Court. The fact that a clause in the trust order allows a trustee to be employed is not to say that the employment of a trustee in particular circumstances is best practice. The trustees need to think carefully each time they have to involve this clause. The clause is commonly inserted to allow payment of professional trustees such as lawyers and accountants whose knowledge of the trust’s affairs means the legal and accounting affairs...

6. MZ v Sun [2019] NZIACDT 12 (4 March 2019) [pdf, 261 KB]

   ...recorded on the application form. When he received confirmation that the application had been completed as dictated by him, he reviewed the documents and lodged the application. It is therefore not correct to suggest that he did not exercise due care and diligence. 10 Statutory Declaration of complainant, 28 July 2014, at 3 of translation. 11 At 1, 2 & 3 of translation. 11 [54] Mr Sun accepts he did not have direct contact with...

7. Van Wey Lovatt v Health New Zealand (Strike-Out) [2023] NZHRRT 37 [pdf, 202 KB]

   ...compensation for that alleged breach. [46] There is a distinction between the matters which are addressed by each of Rules 5 and 8. Rule 5 relates to the storage and security of health information. It requires an agency to ensure that information is protected by such security safeguards as are reasonable in the circumstances to take against access, use, modification or disclosure, except with the authority of the agency. [47] Rule 8 relates to a requirement to ensure that the accu...

8. [2013] NZEmpC 188 Hook v Stream Group (NZ) Pty Ltd [pdf, 124 KB]

   ...Reichel gave evidence by way of unchallenged affidavit that he undertook a search of Facebook following Mr Hook’s departure from the company. He says that the page was in the public domain and that he was readily able to access it as it was not protected by a privacy setting. Mr Reichel took some screen shots of the Facebook page, which included a post on 26 July: Mr Hook: Welp, work found out I am looking for another job today, and I may get in trouble for it. Thoughts? And,...

9. Adlam v Niao - Matata Parish 39A 2A Ahu Whenua Trust [2018] Māori Appellate Court MB 478 (2018 APPEAL 478) [pdf, 277 KB]

   ...meaning of the statutory scheme .and one which is necessary if charging orders over Māori land are to have practical effect. [29] We are reinforced in this view by the terms of ss 83 and 342 of the Act. When read in context, s 82 is part of a carefully constructed statutory regime which modifies the extent of creditors’ remedies over Māori land interests. Section 82 allows Māori land interests to be the subject of a charging order. Section 83 provides for the appointment of a rec...

10. MBL v Shadforth [2016] NZIACDT 37 (3 August 2016) [pdf, 205 KB]

    ...ensure that appropriate standards of conduct are maintained in the occupation concerned. [21] The statutory purpose is achieved by considering at least four factors that materially bear upon maintaining appropriate standards of conduct: [21.1] Protecting clients: section 3 of the Act states that “[t]he purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [21.2] Demanding minimum standards of conduct: Dentice v Valuers Registrati...