Search Results

1. [2009] NZEmpC AC 44/09 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 22 KB]

   ...that party’s entitlement to costs unless the discontinuance is expressly on such terms. There is no suggestion of that in this case. [10] Finally, Mr Dunn says that the Authority’s determination of 27 August 2009 confirms that it was not requested to determine separately costs in relation to Mr Cruickshank. Further, and in any event, Mr Dunn says that the determination of 27 August 2009 includes reference to any separate liability to Mr Cuickshank and rejects this. That is,...

2. Findlay v Auckland City Council [pdf, 92 KB]

   ...labour-only basis to carry out the carpentry component of the building works and allegedly acted as site foreman and supervisor of the build. Summary of Facts Late Aug 1995 Mr Findlay purchased the section and the Lee Findlay Family Trust was later formed. The Trust acquired title to the property. Mr Findlay and Mr Sandelin were trustees 1995 A quotation given by Leuschke Group Architects was substantially lower than two other quotations and therefore Mr Findlay engaged Leuschke t...

3. Maniapoto Claims Settlement Bill [PDF, 1.1 MB]

   ...nf the International Covenant on Civil and Political Rights, which are comparable toss 20 and 27(2) nf the Bill of Rights Act. 1 Whether tight to bring civil proceedings ins 27(3) at issue 10. Clause 28(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Rill. 11. Clause 223 of the Bill excludes compensation for technical redundancy (payment or any other benefit) on the ground that the po...

4. LCRO 116/2019 RLF v DN (29 January 2020) [pdf, 211 KB]

   ...seemingly having “taken [it] upon himself” to act as executor and trustee of Mrs LF’s will instead of applying to the Court for directions when BG became unwell, and later upon BG’s death. (b) Personal property in the family home [39] Mr LF claims (a) Mr DN had not carried out Mrs LF’s wishes expressed in her will, and had ignored his lawyer’s requests for information about both Mrs LF’s and BG’s respective estates, and (b) Mr DN and JL had “no regard for the law...

5. Te Toki – Hako Hauraki (2013) 2013 Chief Judge’s MB 456 (2013 CJ 456) [pdf, 103 KB]

   ...specific. He stated that a survey would be required for that purpose, but that he had the authority of his elders and whānau, although again he was not specific about the identity of those persons. [13] The applicant concluded his oral submissions by requesting that the application be adjourned sine die for mediation to take place, and requesting an opportunity to seek legal advice. [14] On 3 July 2013 the applicant filed brief written submissions in response to the directions o...

6. Perigo - Ruapehu 2 Block (2017) 366 Aotea MB 274 (366 AOT 274) [pdf, 200 KB]

   ...reason for their application to succeed to the interests of Topia Turoa in Ruapehu No 2. It is their belief that the Māori customary land block now known as Rangiwaea-Tāpiri, formerly Rangipō North 8, is the same block as Ruapehu 2B, or at least forms part of it. At the hearing Maria Perigo stated: 4 The reason we are bringing this to Court of course, as the Registrar has pointed out, it was under the Tongariro National Park. From our findings in the last four years we were...

7. SD v IE & DE [2021] NZDT 1588 (5 August 2021) [pdf, 262 KB]

   ...undertaking to be clearly articulated. If the parties had intended that the retention fund could be used for reasonable remediation and rectification costs only, with the balance being refunded to when the remediation was complete, this would have formed part of the undertaking. 11. I accept the submission of IE & DE that the purpose of the undertaking was to incentivise prompt completion of remedial works so that they could move in as quickly as possible, at a crucial time of the...

8. DG Ltd v ID Ltd [2020] NZDT 1441 (24 August 2020) [pdf, 215 KB]

   ...is known by the technical legal term “consideration”. A contract can be oral, or written, or partly oral and partly written. CI0301_CIV_DCDT_Order Page 2 of 5 5. The correct way under the law to determine whether a contract has been formed is to take into account all the things said or written by the parties to each other, and, if possible, to find where an offer was made that was accepted. It will also be necessary to determine whether an exchange of value has taken plac...

9. Guide-2-A-Guide-to-Refugee-and-Protected-Person-Appeals.pdf [pdf, 248 KB]

   ...Appeals – 3/03/2025 Page 1 of 10 Immigration and Protection Tribunal ­ Rōpū Take Manene, Take Whakamaru Guide 2 - A guide to refugee and protected person appeals 1. Using this guide This guide will provide you with information about whether you can make an appeal against a decision about refugee and/or protected person status, and how to do that and what the appeal process involves. If you decide to appeal, you must fill out Form 2 – Refugee and Protec...

10. [2016] NZEmpC 112 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 431 KB]

    ...IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN RADIUS RESIDENTIAL CARE LIMITED Plaintiff AND THE NEW ZEALAND NURSES ORGANISATION INC First Defendant AND E TU INC (FORMERLY THE SERVICE & FOOD WORKERS UNION NGA RINGA TOTA INC) Second Defendant AND THE 64 EMPLOYEES LISTED IN SCHEDULE A TO THE STATEMENT OF CLAIM Third Defendants Hearing: 10, 11 and 12 August 2016 (Heard at Au