5995 items matching your search terms
IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2009-100-000046 [2011] NZWHT AUCKLAND 65 BETWEEN LIANG-YUAN WU AND LING- YU KAO WU Claimants AND MANUKAU CITY COUNCIL First Respondent AND CRAIG ROBERT MARSHALL Second Respondent AND RRL GROUP LIMITED Third Respondent AND BERNARD DUFFY Fourth Respondent Decision: 7 December 2011 FINAL DETERMINATION Adjudicator: S Pezaro Page | 2 Background [1] Liang-Yuan Wu and Ling- Yu Kao Wu filed an
...with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). 2. We have not yet received a final version of the Bill. This advice has been prepared in relation to the latest version of the Bill (PCO 25945/3.1), received on 28 February. This version of the Bill is a work in progress, subject to confirmation of some policy decisions and quality control processes. We will provide you with further advice if the final version includes amend...
...assessment exercise). This factor is neutral. Are there any novel or important issues, and is there any public interest? [13] There are no novel or important issues raised by these proceedings. They centre on the correct interpretation of a clause in an individual employment agreement relating to hours of work. No issues of broader public interest arise. This factor is neutral. Are the merits of the plaintiff’s challenge clear enough to be relevant? [14] The plaintiff ha...
...proved guilty. This means that an individual must not be convicted where reasonable doubt as to his or her guilt exists; therefore, the prosecution in criminal proceedings must prove, beyond reasonable doubt, that the accused is guilty. 2 Clause 24 of the Bill 6. Clause 24 of the Bill provides that any person who manufactures a replica taonga tūturu (artifact) and fails, without reasonable excuse, to identify it clearly and permanently as a replica, commits an offence. Th...
...sentencing courts. 3. While issues as to consistency arise under cl 7 of the Bill, as discussed further below, I conclude that these provisions are able to be justified in terms of s 5 of that Act. Issues in respect of Police power under cl 7 4. Clause 7 provides for the making of protection orders on an emergency basis by a Police officer of the rank of sergeant or higher. An order may only be made (new s 124B(1)(b)) if necessary to ensure the immediate safety of the protected person...
...Aquaculture Claims Settlement Act 2004 (‘the Settlement Act’)1 provides for the full and final settlement of all Māori commercial aquaculture claims since September 1992 and provides for the allocation and management of aquaculture settlement assets. 5. The Bill amends the Settlement Act with the objective of improving the Act’s allocations and transfer process of aquaculture settlement assets for iwi. Currently iwi in some regions are facing indefinite delays in receiving their a...
...conclusion that Ms RA understood what an undertaking was, and what the consequences would be for her of providing an undertaking. [77] On returning to the court, discussions continued. Mr A’s counsel advised that his client required a further clause to be added to the undertaking. [78] The undertaking was eventually filed with the court around 2 pm. [79] I am not persuaded that Ms RA had not been given sufficient opportunity to consider the consequences of settling the proceedi...
RICKY BLACKMORE V HONICK PROPERTIES LIMITED NZEmpC AK [2011] NZEmpC 152 [24 November 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 152 ARC 37/11 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN RICKY BLACKMORE Plaintiff AND HONICK PROPERTIES LIMITED Defendant Hearing: 25 October 2011 (Heard at Hamilton) and by memoranda of submissions filed on 3 and 10 November 2011 Appearances: Gregor
...to AFU’s sofa. [9] ZUC was liable for this negligence because the company was engaged to do the work by VZ and ZUB acted as an agent or employee of the company in carrying out the work. [10] ZUB argued that liability was excluded under clause 7 of the contract between VZ and ZUC (“ZUC accepts no liability for damage as a result of non-weathertight joinery, flashings, exterior cladding ...”). However, this was not accepted. Firstly, the exclusion did not apply to AFU bec...
...Rights. 4. In accordance with Crown Law protocol, this advice has been peer reviewed by Jane Foster, Crown Counsel. Cat Fleming, Assistant Crown Counsel, assisted in the preparation of this advice. Ian Carter Crown Counsel Footnotes: 1. Clause 5 of the Bill. 2. Clause 8 of the Bill. 3. The meaning of “search” in s 21 is not settled. In particular, it is yet to be decided whether s 21 applies in relation to non-law enforcement activities, see The New Zealand Airline Pil...