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1. [2021] NZIACDT 19 ZK v Registrar (20 August 2021) [pdf, 250 KB]

   ...letter, the adviser had stated that the appellant’s income comprised a retainer, as well as commission, bonus, incentive and public holiday wages. He had referred to New Zealand legislation and contended that bonuses and commissions were both forms of salaries or wages. Furthermore, the adviser had contended, it could be seen from the payslips that commissions were a regular form of “variable-pay” remuneration and were therefore a component of base salary. [36] However, Im...

2. LCRO 119/2018 QL v DW (22 October 2019) [pdf, 164 KB]

   ...“incorrect advice” from Mr DW, and would not have suffered the loss he claimed by having insufficient funds to complete his house purchase. Response [28] In his response, Mr DW stated he did not wish to make any further submissions unless requested to do so.7 Hearing [29] The parties attended a review hearing in Auckland on 3 October 2019. Before the hearing, at my request, they provided written submissions which I also refer to in my later analysis.8 Nature and scope o...

3. [2024] NZEmpC 222  Courage & Ors v The Attorney-General & Ors   [pdf, 264 KB]

   ...Attorney-General (No 2) [2023] NZEmpC 227, [2023] ERNZ 1020. 3 At [57]. taken to put them back on the Register. That assurance does not, however, adequately address an underlying issue, which I return to below. [4] In summary, I have formed the view that at all material times the Overseeing Shepherd (the position) was an employer of each of the Courage plaintiffs and if I am wrong about that the person who, for the time being, held the position as Overseeing Shepherd was...

4. Floyd v The Proprietors of Hauhungaroa 2C Block Incorporation Committee of Management - Hauhungaroa 2C Incorporation (2014) 325 Aotea MB 42 (325 AOT 42) [pdf, 229 KB]

   ...are, for the most part, inaccurate and are not supported by the evidence. [4] The committee also says that these proceedings are an attempt by the applicant to re- open settled personal grievance litigation involving her husband, Mr Floyd, the former farm manager for the incorporation. The proceedings, they say, have therefore caused unnecessary legal costs for the incorporation shareholders, have consumed the time of the committee and its advisers, and have distracted the committ...

5. Mcleod - Part Harataunga 2B2 (2001) 103 Hauraki MB 117 (103 H 117) [pdf, 250 KB]

   ...said George W. Potae Limited shall not be liable to payor contribute to the erection or maintenance of any fencing along any boundary of this right of way nor the formation or maintenance of the surface of same. (d) That in the event of a properly formed road being constructed over Part Harataunga 2B2 Block or any other property in Kennedy Bay giving the public access to the foreshore then the right of way shall be cancelled. SCHEDULE Firstly, all that piece of land containing 2.105...

6. [2015] NZEmpC 225 Lumsden v Skycity Management Ltd [pdf, 206 KB]

   ...submission was that they were frivolous because they could not succeed. Section 149 was said to be the stumbling block. [23] Section 149(3) provides that: Where, following the affirmation … the agreed terms of settlement to which the request relates are signed by the person empowered to do so, - (a) those terms are final and binding on, and enforceable by, the parties; and … (b) except for enforcement purposes, no party may seek to bring those terms before the A...

7. International Covenant on Civil and Political Rights - 5th report [pdf, 386 KB]

   ...CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT Fifth periodic reports of States parties NEW ZEALAND∗ [24 December 2007] ∗ In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services. CCPR/C/NZL/5 page 2 CONTENTS Paragraphs Page Intr...

8. Tangi v ACC [2013] NZACA 9 [pdf, 35 KB]

   ...settled law that the contended point of law must be capable of bona fide and serious argument to qualify for the grant of such leave to appeal. Care must be taken to avoid allowing issues of fact to be dressed up as questions of law as appeals on the former are proscribed. However a mixed question of law and fact can amount to an error of law. [5] Even if the qualifying criteria are made out, this Court has an extensive discretion I the grant or refusal of leave so as to ensure...

9. [2016] NZSSAA 50 (31 May 2016) [pdf, 44 KB]

   ...steps to recover the debt, pursuant to s 86(1) and s 86A of the Social Security Act 1964. The appeal was adjourned for that purpose. [3] Ultimately, submissions were not received from the appellant until 27 November 2015. The appellant was then requested to provide information about her financial circumstances which had been omitted from her earlier submission. Further submissions were received on 14, 21 and 24 December. A Ministry response to these submissions, including calculation...

10. IB v QY LCRO 242 / 2010 (10 February 2012) [pdf, 86 KB]

    ...been drafted by members of the company with the assistance of the AEP and its legal counsel. One of the partners, Mr AZ, acted in that matter, and suggested a few minor changes, but neither he nor anyone else in the firm was involved in the final form of agreement or its signing. [3] The Agreement provided for the eventuality of a member leaving the company either voluntarily or compulsorily (due to default by the Shareholder), or by death. By clause 17, the Agreement provided f...