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Search results for care and protection.

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  1. [2018] NZEmpC 85 Kaikorai Service Centre Ltd v First Union Inc [pdf, 407 KB]

    ...submitted that the issue was whether the plaintiff had a duty to bargain about wages in order to act in good faith. He relied on s 3(a)(ii), (iii) and (iv) of the Act as a clear indication that it recognises the inequality of bargaining power and to protect the integrity of individual choice so that evidence touching on that choice is relevant. [16] Specifically, he relied on s 32(3)(d) of the Act describing good faith behaviour in collective bargaining, as including within relevan...

  2. Nuku v Clarke - Poukawa 13B Ahu Whenua Trust (2007) 193 Napier MB 19 (193 NA 19) [pdf, 428 KB]

    ...proxies should be considered null and void. b) A meeting of owners be held al1l1ually, instead of every 5 years as is CUlTent practice. c) The trust was run but a clique of1l1lstees who acted unilaterally. d) The trustees were not acting with the care, diligence, prudence and good judgement expected of business people managing the affairs of others. e) Certain trustees disregard the requirement to act gratuitously and paid themselves from the trust fund. f) In the absence of...

  3. Otimi v Fa'uhiva - Hauhungaroa 1A3 (2019) 401 Aotea MB 102 (401 AOT 102) [pdf, 382 KB]

    ...the satisfaction of another. Indeed, in another time such conduct would be extremely rare if not unheard of in this context and might have provoked a more direct response. [19] However, the challenges continue to be made, and in order to protect the integrity as far as possible of the election process, some procedure and mechanism to deal with challenges will have to be considered. A crucial element of that procedure will be the requirement that individual beneficiaries comp...

  4. Tareha v Pene - Waiohiki 1C1D (2020) 83 Takitimu MB 294 (83 TKT 294) [pdf, 258 KB]

    ...outlined several issues concerning tax liability. This too was the responsibility of Mr Pene. That the trust or the owners may now have incurred a liability that should have been dealt with previously is also inconsistent with Mr Pene’s duty to protect the assets of the trust. Me peia te kaitiaki mo tāna hē? - Ngā kōrero a te Kaitono Should the current trustee be removed for cause? – Applicant’s submissions [38] Mr Tareha submitted that Mr Pene needed to be held to account...

  5. SN v D Ltd [2022] NZDT 168 (4 October 2022) [pdf, 283 KB]

    ...alive. Where the sensor was responding, as it did with an issue for the central locking of the driver’s door and the odometer having been tampered with, that result was noted. CI0301_CIV_DCDT_Order Page 6 36. Mr ON however, was very careful and balanced with his evidence. He willingly conceded evidence that he could not be sure of. For example, he confirmed the wear on the clutch was some evidence that the car had been driven further than the odometer had recorded, but he...

  6. Gray v Accident Compensation Corporation (Causation) [2023] NZACC 152 [pdf, 233 KB]

    ...over the MRI images with Michelle and talked to her about discogenic pain, the natural history and the various treatments available. Michelle told me that she is significantly disabled by her pain and has reassured me that she has tried conservative care without success to date. [17] Dr Hill also referred the appellant to Mr Taha, a Dunedin neurosurgeon who saw the appellant on 17 July 2020. [18] In his report of the same day, Mr Taha said: She was leaning deep into a sink on 24 J...

  7. Arndt v Accident Compensation Corporation (Appeal) [2022] NZACC 244 [pdf, 221 KB]

    ...process. That required removing the bung from the drum of TEL/TML and inserting a pickup tube, checking that the TEL/TML had been extracted, and then closing the bung and returning the drum to storage. While performing that task, operators would wear protective white clothing and forced air respirators. [4] Mr Arndt smoked up to 20 cigarettes per day from his late teens until he was 40 years old. In the late 1980s and early 1990s, he developed squamous cell cancers, predominan...

  8. [2021] NZEnvC 164 Otago Regional Council [pdf, 4 MB]

    OTAGO REGIONAL COUNCIL – PLAN CHANGE 7 – INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 164 IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 7: Water for Otago (referred to the Environment Court by the Minister for the Environment under s 142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127)

  9. [2021] NZEnvC 164 Otago Regional Council [pdf, 4 MB]

    OTAGO REGIONAL COUNCIL – PLAN CHANGE 7 – INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 164 IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 7: Water for Otago (referred to the Environment Court by the Minister for the Environment under s 142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127)