Search Results

1. TD v KD [2024] NZDT 174 (11 April 2024) [pdf, 129 KB]

   ...any, between the parties regarding rent and is KD in breach of that agreement? 20. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. For a contract to be formed there needs to be an offer, an acceptance of that offer, an exchange of something of value, called consideration. There also needs to be certainty, in that all things that need to be agreed are agreed. 21. There was nothing put in...

2. [2013] NZEmpC 27 Hall v Dionex Pty Ltd [pdf, 109 KB]

   ...5. Did the respondent’s obligations to act in good faith require it to provide to the applicant the information regarding the assignment or transfer of rights and obligations to the person referred to in question 2 above when the applicant requested to be provided with that written information prior to dismissal? [4] The respondent opposes the application for special leave, essentially on the basis that the claim does not give rise to any important question of law. Rather, t

3. Te Pairi v Whakatane District Council - Tahora 2AD2 and Omuriwaka (2011) 33 Waiariki MB 48 (33 WAR 48) [pdf, 89 KB]

   ...(14 WAR 136-154) (Heard at Opotiki) Counsel: Mr Koning (Counsel for the Respondent) Judgment: 13 June 2011 PRELIMINARY DETERMINATION OF DEPUTY CHIEF JUDGE CL FOX Introduction [1] This case concerns the maintenance and proposed formation of a road known as “Matahi Valley Road” located approximately 40 kilometres south of Whakatane. For many years the carriageway of Matahi Valley Road had been located outside of an area Gazetted as a road reserve on 14 July 1930...

4. Director of Proceedings v Northlink Health [2013] NZHRRT 35 [pdf, 172 KB]

   ...annexed and marked “A”. [3] The Consent Memorandum is in the following terms: MAY IT PLEASE THE TRIBUNAL 1. The plaintiff and defendant have agreed upon a summary of facts, a signed copy of which is filed with this memorandum. 2. The plaintiff requests that the Tribunal exercise its jurisdiction in respect of the following matters: (a) A declaration pursuant to s 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that the defendant has breached the Heal...

5. 2018 NZSSAA 010 (5 February 2018) [pdf, 121 KB]

   ...there. He owned factories in XXXX which were managed by his daughter and in 2015 had properties in XXXX managed by an agent. [16] The appellant produced his 2015 and 2016 financial statements in his affidavit. These accounts show that in 2015 he claimed $7,094 for travelling expenses. In evidence he confirmed that he claimed the cost of his travel to New Zealand as a tax-deductible expense on the basis that he travelled to inspect his rental properties. [17] When asked how...

6. MVDT Annual Report 2018-2019 [pdf, 447 KB]

   ...received Royal assent on 13 November 2018. Those amendments will assist the Tribunal to perform its functions in an orderly and efficient manner and in a way that achieves the purposes of the Act. Some of the amendments, including those relating to forms used in the Tribunal and summoning witnesses, are yet to come into force. We have been working with Ministry of Justice officials to develop a new application form for the Tribunal. One further initiative to which we would like to enc...

7. Rudolph - Paihia 2F2B2 [2019] Chief Judge's MB 327 (2019 CJ 327) [pdf, 313 KB]

   ...the parents were aware that 28 shares (namely their entire share interest in Paihia 1F2B2 Block) were being transferred to their daughter Kathleen. 10. The 17 October 1984 application for a vesting order (copy attached) recorded the following information: …… PAIHIA – 1F No 2B2 BLK XI WHANGAPE (BLOCK) I, JAMES & KATHLEEN RUDOLPH of PAWARENGA – RD2 BROADWOOD (Held Jointly) Agree to transfer the whole/part of my shares amounting to 28.000 shares out of a total of...

8. [2021] NZEmpC 207 Martin v Solar Bright Ltd (in liquidation) [pdf, 227 KB]

   ...challenge to the Authority’s determination. His application is dismissed and, for the avoidance of doubt, that means the penalty previously imposed by the Authority is unaltered. [43] Costs are reserved. If they are sought memorandum may be filed requesting a timetable for an exchange of submissions. K G Smith Judge Judgment signed at 3.50 pm on 26 November 2021

9. [2023] NZEmpC 118 Halse v Hamilton City Council [pdf, 209 KB]

   ...who takes the trouble to read the text of an article as well as the headlines. She is able to put whatever she has read or seen into its overall social, political or geographical context. She is fair-minded, so she will appreciate that the context forms an important part of the material which she must consider before passing judgment. [8] A fair-minded observer is presumed to be intelligent, to view matters objectively and to understand three matters relating to the conduct of judges:8...

10. International Covenant on Civil and Political Rights - concluding observations 5th report [pdf, 153 KB]

    ...of the Committee’s rules of procedure, the State party should provide, within one year, relevant information on its implementation of the Committee’s recommendations made in paragraphs 12, 14 and 19. CCPR/C/NZL/CO/5 6 23. The Committee requests the State party to provide in its sixth periodic report, due to be submitted by 30 March 2015, specific, up-to-date information on all its recommendations and on the Covenant as a whole. The Committee also requests the State party, when...