Search Results

1. [2015] NZEmpC 198 Ritchies Transport Holdings Limited v Merennage [pdf, 297 KB]

   ...Ritchies has challenged the Authority’s substantive and costs determinations. 2 [3] This judgment cannot and does not decide whether Mr Merennage sexually assaulted Ms T. It is focussed on the actions of Mr Merennage’s employer, based on the information reasonably available to it at the time; whether it followed an appropriate process and whether it was justified in dismissing him according to applicable employment laws. [4] Various issues were raised by Ritchies in suppo...

2. Family legal aid pre-proceedings steps - December 2007 [pdf, 632 KB]

   ...application for legal aid • Preparing proceedings, including the following documents: o Affidavit(s) in support o Consent of the birth parents or an application for consent to be dispensed with o Section 10 report from social worker • Attend formal hearing and obtain interim adoption order • If undefended and application is resolved apply for final order • Reporting to client • Reporting to and invoicing for Legal Aid Application to dispense with consent up...

3. Legal Aid Family Proceedings Steps [pdf, 632 KB]

   ...application for legal aid • Preparing proceedings, including the following documents: o Affidavit(s) in support o Consent of the birth parents or an application for consent to be dispensed with o Section 10 report from social worker • Attend formal hearing and obtain interim adoption order • If undefended and application is resolved apply for final order • Reporting to client • Reporting to and invoicing for Legal Aid Application to dispense with consent up...

4. [2022] NZEmpC 4 Chief of the New Zealand Defence Force v Darnley [pdf, 401 KB]

   ...[14] In this case the process was initiated by Group Captain Ward who had only been in the role a few days when she was presented with the situation involving the settlement. She did not know Ms Darnley or her work. There was no basis for her to form the view that Ms Darnley should resign and no evidence that she did form such a view. [15] It was apparent from the evidence that Group Captain Ward was very committed to the investigation process and prepared to consider serious cons...

5. LCRO 14/2023 BW and Company A Limited v PK and OJ (31 August 2023) [pdf, 430 KB]

   ...2022, Mr PK and Mr OJ made a complaint to the New Zealand Law Society Lawyers Complaints Service (NZLS) about the professional conduct of Mr BW. The complaint was completed and filed on their behalf by their lawyers, Law Firm A.1 [2] The complaint form referred to Mr BW’s incorporated law firm, Company A Limited (Company A). The further particulars attached to the complaint form referred to Company A as an additional legal person against whom the complaint was made. 1 Until...

6. [2019] NZEnvC 203 Director General of Conservation v New Zealand Transport Agency [pdf, 7.8 MB]

   ...his family had been able to live off the land to survive and made ends meet through pig hunting and possum trapping in the valley. 15 [52] Te R0nanga entered into a Deed of Settlement with the Crown in December 2001. That Deed and the Ngati Tama Claims Settlement Act 2003 settled Ngati Tama's historical Treaty of Waitangi claims. As part of the settlement, approximately 37 hectares of the Mount Messenger Scenic Reserve and approximately 227 hectares of the Mount Messenger Conse...

7. [2023] NZREADT 32 UM v REAA (3 November 2023) [pdf, 298 KB]

   ...would have showed him the representation as to the net annual rent was not correct. He did not deliberately withhold them from the appellant, but carelessly sat on them without assessing them. The failure to analyse the bank statements and hence inform the appellant of the non-payment of rent amounted to a failure to exercise skill and diligence in regard to a significant feature of the property, being the actual rent paid in the recent past. This was a breach of r 5.1 of the Rules...

8. 2017 NZSSAA 063 (20 October 2017) [pdf, 247 KB]

   ...in the costs claimed. [16] He also referred to Brandon v Chief Executive of the Department of Corrections [2015] NZHC 1827. In that case the plaintiff had a grant of civil legal aid for the proceeding, which was withdrawn at the plaintiff’s request part way through the proceeding. The case is authority for the proposition that actual costs reflect the amount incurred having regard to the Legal Aid Services grant. He said the case cannot be applied in the present case. [17] How...

9. [2010] NZEmpC 11 NZ PSA v Secretary for Justice [pdf, 77 KB]

   ...ways to address this, including: a) Consideration of the extent to which setting aside the point of disagreement or impasse could still leave the parties with an overall settlement agreement sufficient to meet their joint interests; and/or b) Requesting a meeting of the Chief Executive of the Ministry and the PSA Secretariat to assist in resolving the disagreement or impasse, noting that such meetings would not constitute a breach of good faith. c) If bargaining ceases to make progr...

10. Churton v Trustees of the Mangaporou Trust (2015) 337 Aotea MB 131 (337 AOT 131) [pdf, 219 KB]

    ...Churton they would have been in breach of the Trust Order and the lease would have been void. [22] Regarding the bridge, it was determined that it was in part firmly annexed to the land of the trust and had been so for 19 years for the purpose of forming part of the land on a permanent basis. The Court went on to conclude that Mr Churton built the bridge at his own expense at his own risk (given that he had no long-term lease) and as such no implied term for compensation could be i...