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1. [2010] NZEmpC 35 Heritage Expeditions Ltd v Fraser [pdf, 34 KB]

   HERITAGE EXPEDITIONS LTD V FRASER CHCH 31 March 2010 IN THE EMPLOYMENT COURT CHRISTCHURCH [2010] NZEMPC 35 CRC 18/09 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF a preliminary question of jurisdiction BETWEEN HERITAGE EXPEDITIONS LIMITED Plaintiff AND GRAEME JOHN FRASER Defendant Hearing: On the papers, submissions received 11 December 2009, 29 January and 12 February 2010 Appearances: Lind

2. LCRO 109/2015 RKX v SDC [pdf, 386 KB]

   ...NUP, a barrister who on instructions from STO had acted for Mrs ILC and Ms JMC in the family dispute, to 1 CIV 2011-485-854; CIV 2011485-2190. 2 Settlement Agreement, as amended (26 March 2012). 3 Clause 4.1. 4 Clause 4.2. 5 Clause 4.7. 6 Clause 4.8. 7 Clause 4.3(a). 8 Clauses 4.5. 3 gauge Mr RKX’s interest in being appointed as an independent trustee as Ms JMC’s nominee. Mr SDC put forward Mr HWK, a consultant with [KB &a...

3. Annexure 1 - The Law [pdf, 230 KB]

   ...Hobbs and Councillors (Otago Regional Council Chair and Councillors) regarding Section 24A Report: Investigation of Freshwater Management and Allocation Functions at Otago Regional Council under section 24A of the Resource Management Act at CB: Vol 5, Tab 12C. 2 Ministerial Direction of David Parker (Minister for the Environment) to refer the Otago Regional Council’s proposed Plan Change 7 – Water Permits to its Regional Plan to the Environment Court (8 April 2020) at CB: Vol 5, Tab...

4. S v Hakaoro [2015] NZIACDT 56 (14 May 2015) [pdf, 172 KB]

   BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2015] NZIACDT 56 Reference No: IACDT 043/14 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar Between D S Complainant AND Hakaoro Hakaoro Adviser THE NAME AND ANY INFORMATION IDENTIFYING THE COMPLAINANT IS NOT TO BE PUBLISHED DECIS

5. P v H LCRO 02 / 2009 (20 March 2009) [pdf, 23 KB]

   ...While the parties negotiated the final form of the order without final accounts of the company, they were aware of that gap in their knowledge and reached agreement on that basis. What is more the parties explicitly struck from the Consent Order clause 3(h)(i) which made provision for adjustment of amounts payable if the final accounts of the company varied from those provided. It is also of note that clause 3(h)(i) referred back to clause 1(c) which provided for a payment of $120 0...

6. TT v UN [2023] NZDT 439 (21 September 2023) [pdf, 160 KB]

   ...inspection. UN counter-claims $845.00 for his time off work, time spent responding to the claim and the Tribunal filing fee. 3. The issues to be determined are: • Are the items claimed of a kind that would be covered by the vendors’ warranties at clause 7.3(1) of the sale and purchase agreement? • Were the vanity taps and showerhead in reasonable working order at the time of settlement? • Was the hot water connection in the laundry in reasonable working order at settleme...

7. BI v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 178 [pdf, 157 KB]

   ...only brought the injury to the Corporation’s attention when he first felt able to do so. [10] Judge McGuire noted that the Corporation, having accepted that, at the time of the injury, the applicant was in permanent employment for the purpose of Clause 33 of Schedule 1 of the Act, applied the detailed formula in Clause 34. [11] Judge McGuire acknowledged that in the High Court decision in Murray,2 Kos J said that the statutory regime is clear and crystalline. Judge McGuire observ...

8. Kanta v Prakash [2014] NZIACDT 107 (02 October 2014) [pdf, 122 KB]

   ...Mr Prakash then attempted to recover interest and collection costs on top of fees. [3] The Tribunal accordingly found Mr Prakash breached his professional duties to: [3.1] Have a written agreement covering all the professional services provided (clause 1.5(a), (b), (d) and (e) of the Code of Conduct 2010). [3.2] Set out the costs of those services in advance (clause 8(b), (c) and (d) of the Code). He also claimed interest and collection costs, which were not fair or reasonable, and acc...

9. OIA-Sovereignty Questions [pdf, 210 KB]

   ...the Official Information Act 1982 (the Act) on 17 September 2024 to the Ministry of Justice (the Ministry). Specifically, you requested: With all due respect please refer to the 'Secret Commissions Act 1910' inc. all amendments to 2015 Clause 16 and then Clause 5. However please do not limit yourself to those clauses. Can you or somebody in a very senior position answer the following four questions please? To clarify the situation would you or as aforementioned kindly resp...

10. FT v BF Ltd [2023] NZDT 793 (20 December 2023) [pdf, 231 KB]

    ...the sale and purchase agreement had a 10 working day due diligence period for the buyer to check everything, and an additional clause stating “all aspects relating to the property to the entire satisfaction of the purchaser”. KI said that these clauses mean that the buyer has accepted the finish of the home and rule out a claim for anything. 12. I do not accept that these clauses are sufficient to remove the requirements of s362Q. That section creates statutory obligations for defe...