Search Results

1. [2024] NZEmpC 181 Ford v Henry Brown and Co Ltd [pdf, 233 KB]

   ...agreement to read over. Mr Ford gave evidence that he signed the agreement after starting work. I did not understand the company to dispute this, and there was no signed copy of the agreement before the Court. [9] The agreement contained a clause relating to representations. In this regard cl 16 provided that: Representations In appointing you we have relied on your representations as to your qualifications and experience. You confirm that those representations are true and...

2. Tawa v Ataria - Tuaropaki E (2021) 267 Waiariki MB 184 (267 WAR 184) [pdf, 282 KB]

   ...submitted that the trustees have complied with their obligations as trustees, and that the decision to decline the meeting with the applicant and to put the issue to an AGM was reasonable and consistent with the requirements of the trust order. [39] Clause 7(a) of the trust order provides a process for a beneficial owner to have any direction, determination, resolution of a meeting, or any act or omission of a trustee, put to a general meeting of owners, where the requisition is sup...

3. [2022] NZEnvC 186 Blue Wallace Surveyors Limited v Waikato District Council [pdf, 422 KB]

   ...COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 186 IN THE MATTER OF two appeals under cl 14 of Schedule 1 to the Resource Management Act 1991 BETWEEN BLUE WALLACE SURVEYORS LIMITED (ENV-2022-AKL-045) PERJULI DEVELOPMENTS LIMITED (ENV-2022-AKL-053) Appellants AND WAIKATO DISTRICT COUNCIL Respondent Court: Chief Environment Court Judge D A Kirkpatrick Hearing: On the papers Last case event: 18 August 2022 Submissions:...

4. Drug and Substance Checking Legislation Bill (No 2) [pdf, 140 KB]

   ...(1992) 84 DLR (4th) 161, 188 citing R v Oakes [1986] 1 SCR 103. checking service provider without being licenced. Under clause 35DE, it is an offence for a service provider to breach any of the terms or conditions of its licence. Both of these clauses provide a defence of ‘reasonable excuse’ to these offences. 11. We note that there are currently no limitations on the terms and conditions that may be set for a service provider. This may give rise to issues of proportionality,...

5. [2022] NZEmpC 164 Zink v Board of Trustees of Southland Boys High School [pdf, 321 KB]

   ...Christmas Day, Boxing Day, New Year’s Day and 2 January. Mr Zink’s individual employment agreement [29] There are several provisions of the IEA, as signed between SBHS and Mr Zink in 2014, which are relevant for present purposes. [30] Clause 1.1 notes that the agreement has effect from the date in which it is signed by the employee, “and replaces all previous employment contracts, terms, conditions, agreements, understandings, between SBHS and the Employee and may be v...

6. Moncur v Deng [2010] NZIACDT 1 (16 December 2010) [pdf, 74 KB]

   ...of dishonest and misleading behaviour. The key allegation being the Adviser published, on websites promoting her practice that she held a University Degree which she did not in fact hold. [2] The Registrar has referred the complaint as a breach of Clause 5.1 of the Code of Conduct. The Code having been developed pursuant to section 37 of the Act. [3] Clause 5 of the Code requires that a licensed immigration adviser must not, in a false, fraudulent or deceptive manner, misrepresent or p...

7. BORA Injury Prevention, Rehabilitation, and Compensation Amendment Bill [pdf, 299 KB]

   ...is the case, the legislation falls to be justified under s 5 of that Act. POSSIBLE DISCRIMINATION ON GROUNDS OF DISABILITY We have considered whether cl 10 could give rise to an issue of discrimination under s 19(1) of the Bill of Rights Act. Clause 10 (New section 119 inserted) Clause 10 inserts a new section 119 into the Act. New section 119(1) has the effect of preventing the Corporation from providing any entitlements under Schedule 1 of the Act (which sets out the rehabilitat...

8. 2021-07-28 D-G of Conservation - Legal submissions in relation to the pORPS [pdf, 232 KB]

   ...te Wai and its principles’ framework8 by involving tangata whenua and other New 6 Granger v Dunedin City Council [2018] NZEnvC 250, [42] – [43]. 7 Supra footnote 2, Council’s Legal Submissions at paragraphs 9-10. 8 NPSFM 2020, Part 1.3 clauses (3) and (4), and Part 3: Implementation at clause 3.4. PC7 - Submissions for Director-General of Conservation re pORPS dated 28.07.21 - DOC-6734189 3 Zealanders to inform Council’s management of freshwater in implementing the...

9. Brooking v Henderson - Wharekahika A47 (2022) 110 Tairawhiti MB 238 (110 TRW 238) [pdf, 497 KB]

   110 Tairawhiti MB 238 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TE TAIRĀWHITI In the Māori Land Court of New Zealand Tairāwhiti District A20190011094 WĀHANGA Under Section 240, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Wharekahika A47 I WAENGA I A Between ASHLEY BROOKING Te kaitono Applicant ME And APIRANA MAPUROA HENDERSON Te kaiurupare Respondent Nohoanga: Hearing 31 January 2020,

10. BORA Overseas Investment Amendment Bill [pdf, 204 KB]

    ...the consistency of the Bill with s 19(1) (freedom from discrimination) and s 21 (freedom from unreasonable search and seizure) of the Bill of Rights Act. Our analysis is set out below. The Bill 4. The Bill amends the Overseas Investment Act 2005 (‘the principal Act’) with the purpose of ensuring that investments made by overseas persons in New Zealand will have genuine benefits for the country. Under the principal Act, there is a consent regime for approving investments by overseas...