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  1. LCRO 69/2021 ID v KZ and UG (7 September 2023) [pdf, 327 KB]

    ...purported to cancel the purchase agreement; (d) the vendors resold the property; (e) the vendors then sued the complainants for a claimed overall loss suffered on resale and sought summary judgment against them; (f) the purchase agreement contained a clause limiting the personal liability of any trustee who did not have an interest in the assets of the trust in the following terms: if [the trustee] has no right to or interest in any assets of the trust except in that person’s capa...

  2. Stewart v Accident Compensation Corporation (Costs) [2023] NZACC 115 [pdf, 245 KB]

    ...Act. (2) If any provision of this Act requires the Corporation to provide an entitlement (regardless of how that requirement is expressed), the Corporation is required to provide the entitlement only to the extent required by this Act. [27] Clause 11 of Schedule 1 of the Act provides: (1) The Corporation is liable to pay or contribute to the cost of any service reasonably required by the claimant as an ancillary service related to rehabilitation, such as accommodation, escort...

  3. Contact Energy Limited.pdf [pdf, 237 KB]

    BF\60547501\1 | Page 1 IN THE ENVIRONMENT COURT OF NEW ZEALAND ENV-2020-AKL-000101 AUCKLAND REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA I TE TĀMAKI MAKAURAU ROHE IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of Clause 14(1) of Schedule 1 BETWEEN AUCKLAND/WAIKATO AND EASTERN FISH AND GAME COUNCILS Appellant AND WAIKATO REGIONAL COUNCIL Respondent NOTICE OF CONTACT ENERGY LIMITED’S WISH TO BECOME A

  4. [2013] NZEmpC 190 Belsham v Ports of Auckland Ltd [pdf, 165 KB]

    ...raising a health and safety issue. I do not consider this explanation to be genuine. I have formed the view that you refused a clear work instruction to drive a straddle until Mike Kirwan arrived at work. This was serious misconduct pursuant to clause 4.2.7(a) of the collective agreement. I have also considered your response on a possible sanction. I have taken into account your 19 years of service with the company. I have also taken into account the fact that you are curre...

  5. Melrose v Porter - Torere Section 58 [2022] Maori Appellate Court MB 209 (2022 APPEAL 209) [pdf, 360 KB]

    2022 Māori Appellate Court MB 209 I TE KOOTI PĪRA MĀORI O AOTEAROA I TE ROHE O TE WAIARIKI In the Māori Appellate Court of New Zealand Waiariki District A20220001496 APPEAL 2022/1 WĀHANGA Under Section 58, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Torere Section 58 I WAENGA I A Between NOLA RIPEKA HINEHAURANGI MELROSE AND MELANIE MIRIAMA THOMAS Ngā kaitono pīra Appellants ME And JODIE LORRAINE POR

  6. [2023] NZEmpC 191 Appleton v Tasman Cargo Airlines Pty Ltd [pdf, 311 KB]

    ...of claim, Mr Appleton seeks reinstatement together with lost wages, $30,000 compensation for humiliation, loss of dignity and injury to his feelings, and interest calculated in accordance with sch 2 to the Interest on Money Claims Act 2016.2 [5] He also seeks an order requiring Tasman Cargo to correct any errors or incorrect statements in its records concerning him, including his training records (as written by Tasman Cargo) and to make those corrections known to the Civil Aviation...

  7. Hamilton v Trustees of Erepeti Marae - Tuahu 3X (2009) 128 Wairoa MB 77 (128 WR 77) [pdf, 931 KB]

    ...of counsel for the applicant 128 Wairoa MB 83 3. Marae Charter - the trustees were not organised as far as the Marae Charter is concerned. The Charter was produced to the applicant after the AGM held in 2006 and the trustees had breached Clauses 6-9 of that Charter. 4. Strategic Plan - the trustees published "misleading" advertising relating to the draft marae strategic plan and issued confusing notices referring to the 2007 AGM. 5. Poupou Donated to Wairoa College...

  8. INZ v Soni [2018] NZIACDT 6 (9 March 2018) [pdf, 315 KB]

    ...by the Registrar Breach of cl 1, 2(e) and 3(c) of the Code of Conduct [15] The statement of complaint relates the rubber-stamping allegations to cl 1, 2(e) and 3(c) of the Licensed Immigration Advisers Code of Conduct 2014 (Code of Conduct). Clause 1 of the Code of Conduct requires that a licensed immigration adviser must be “honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner”. Clause 2 materially provides that a licensed...

  9. [2015] NZEmpC 90 Talbot v Air New Zealand Ltd [pdf, 250 KB]

    ...being available, contrary to the company’s expressed view of the collective agreement. Mr Talbot followed this letter up with further correspondence dated 21 October 2011. In that letter Mr Talbot again drew attention to his interpretation of clauses of the collective agreement that were relevant to the stipulation issue. He asked that if the company had any issue with what he had said it should immediately advise him. [10] Mr Talbot wrote to Mr Gilmore again on 25 Octobe...

  10. 2017 NZSSAA 019 (1 May 2017) [pdf, 172 KB]

    ...1964 AND IN THE MATTER of an appeal by XXXX of Whanganui against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Mr G Pearson - Chairperson Mr C Joe - Member Hearing at Wellington on 5 April 2017 Appearances For Chief Executive of the Ministry of Social Development: Ms J Hume The Appellant in person DECISION Background First issue – allocation of additional earnings to receipt of benefit [1] This appeal r...