Search Results

1. [2015] NZEmpC 99 NZ Meat Workers Union Inc v South Pacific Meats Ltd [pdf, 249 KB]

   ...question about the procedure that the Authority has followed, is following, or is intending to follow; and (b) without limiting paragraph (a), to a question about whether the Authority may follow or adopt a particular procedure. [8] Again at the request of the Court, the Authority has subsequently stated fully the material facts of the problem or matter to which the question of law relates. 3 That was done by Minute of the Authority issued on 21 May 2015. [9] Observing that the...

2. Canterbury Westland Standards Committee v Simes [2012] NZLCDT 28 [pdf, 216 KB]

   ...the prosecution was brought in bad faith or for some other improper purpose. It also noted that Ms Simes had advised the Committee that she had little left of her practice, so it did not consider her suggestion that the Committee’s failure to request certain files and detail was a material matter. This was in response to Ms Simes’ allegation of inadequate investigation and consideration of her affirmative defence by the Standards Committee. The Committee also noted that Ms Sime...

3. Heta v Ministry of Social Development [2013] NZHRRT 8 [pdf, 117 KB]

   ...By decision dated 9 November 2011 the Tribunal struck out the first to fifth defendants and the Ministry of Social Development was substituted as the sole defendant. The decision also identified certain jurisdictional issues and information was requested from the Privacy Commissioner. See the decision of the Tribunal given on 9 November 2011. In a further decision given on 9 February 2012 the Tribunal struck out Ms Heta’s children as second plaintiffs. [7] On 21 February 2012 the...

4. ACC and ACD v ZYA [2013] NZDT 111 (18 March 2013) [pdf, 46 KB]

   ...contract and the Consumer Guarantees Act 1993 (the CGA). Decision [4] I find that ACC and ACD are entitled to have the remedial work carried out by another tradesman at ZYA’s expense. [5] ACC and ACD have presented evidence in the form of photos of the work completed by ZYA. These show tiles laid in an uneven manner. Based on these photos, I find on balance that the workmanship is unsatisfactory and has not been carried out with reasonable care and skill, to the poi...

5. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...2010 Mr Deliu complained to the Lawyers Complaints Service (“LCS”) about correspondence Mr Hong had sent to two barristers in Mr Deliu’s chambers, and to an instructing solicitor. The correspondence arose out of civil proceedings brought by former clients of Mr Hong, and now represented by the two barristers, in which Mr Hong was named as a respondent. Mr Hong considered the claim entirely misconceived and in his correspondence was attempting to have them withdraw it. Given...

6. Regulatory Impact Statement Claim of Right [pdf, 505 KB]

7. Toa - Arahaunui 1A1 (2011) 267 Aotea MB 119 (267 AOT 119) [pdf, 138 KB]

   ...estate, or interest any such land or in the proceeds of the alienation of any such right, title, estate or interest.” [16] Where an owner of multiply owned land, as is Te Horo 2B2B2B, builds a house on the land, the house if affixed to the land, forms part of the title to the land and belongs to all the owners of the land according to their respective shares. That is the legal position. However the Court has, in many such cases, using its equitable jurisdiction under the above p...

8. Deputy Registrar - Estate of Joseph Smith I [2017] Chief Judge's MB 1 (2017 CJ 1) [pdf, 246 KB]

   ...2012 the Court made succession orders to Hemi Takepa Smith pursuant to section 117 of the Act. Details of payments made as a result of the Order 16. On 9 December 2013 notice was sent to Ashton Wheelans, Chartered Accountants, Christchurch requesting that a hold be placed over the client accounts affected by this application and to provide details of what payments (if any) have been made to date. 17. On 20 December 2013 an email was received from Mark Harvey of Ashton Wheelans...

9. Monschau v Bamber – Tahorakuri A No1 Section 33A2 (2015) 125 Waiariki MB 260 (125 WAR 260) [pdf, 208 KB]

   ...Curtis.Bidois@eastbrewster.co.nz mailto:michael@michaelsharp.co.nz mailto:Curtis.Bidois@eastbrewster.co.nz 125 Waiariki MB 261 [1] This is a claim by trustees of an ahu whenua trust for monies owed to the co-owners prior to the formation of the Trust. [2] For the purposes of this decision I will presume that the Plaintiff must succeed. The issue that I am now concerned with is whether or not I have jurisdiction to hear the claim. [3] The pivot point of the claim...

10. Copyright Licensing Limited v Universities of NZ [2014] NZCOP 1 [pdf, 79 KB]

    ...fact, CLL’s application for preservation of documents was settled in September 2013 on the basis that the documents sought would be preserved. Second, I was informed by Mr Brown at the hearing that CLL had made Offical Information Act (“OIA”) requests against information held by all 8 Universities. At the time of the hearing, 4 had complied with those requests, and the others were expected to do so. I take from that that the scope of discovery has been somewhat restricted, but perha...