Search Results

1. [2011] NZEmpC 124 Amien v Reipen and Others interlocutory [pdf, 69 KB]

   ...An application for a freezing order may be made whether or not a proceeding has been commenced (and in this case it has been) and its purpose is to preserve property for enforcement purposes. The effect of a freezing order is the same as was formerly for what was known as a Mareva injunction. It is to preserve particular assets for whomever might be entitled to them without the defendant placing them beyond the reach of any creditors: Dunbar Sloane Ltd v Gall. 2 [3] In accor...

2. [2010] NZEmpC 48 DAS Transport Ltd v Kirkwood [pdf, 26 KB]

   ...had been instructed about a month previously, he was unable to attend the Authority’s investigation meeting on 12 November 2009 because of his involvement in another case for another client on that day. The Authority declined Mr Gwilliam’s request for an adjournment and declined to direct the case to further mediation. It proceeded with its investigation meeting on 12 November 2009 in the absence of the company or any representative of it. [5] The evidence in support of the co...

3. [2012] NZEmpC 93 Marshment v Shaeppard Industries Ltd [pdf, 74 KB]

   ...3 [2001] ERNZ 305. 4 [2002] 1 ERNZ 438. 5 [2004] 1 ERNZ 172. 6 WC17B/03, 5 September 2003. proceedings in both the Authority and this Court including claims of damages and costs. He proposed that the terms be recorded in the form of an order of the Authority. [7] Next, Mr Marshment has disclosed expressly that he was indemnified for his legal costs by his new employer, Specialized Bicycle Corporation Inc (Specialized). The defendant, however, submits that Speci...

4. BORA Care of Children Bill [pdf, 69 KB]

   ...decide matters such as those set out in cl. 15(2). The decision- 4 making powers accorded guardians under the Bill are intended to provide assistance and guidance through a child’s development. More widely, the vesting of powers in guardians forms part of the legal protection afforded to children under law and is generally regarded as inherently beneficial to children. 15. There is empirical evidence of the vulnerability of people around the ages of 16 to 18, although the relev...

5. Class exemptions for managing intermediaries information sheet [pdf, 644 KB]

   ...verify the written confirmation described above, unless there are reasonable grounds for the reporting entity to doubt the adequacy or veracity of the written confirmation. Further points for relying on the exemption Reporting entities must, on request, provide supervisors with the name of any customer who qualifies for the exemption. The risk-based approach underpinning the AML/CFT Act applies equally to the exemption. Reporting entities must continue to do enhanced CDD on all managin...

6. [2008] NZEmpC AC 20/09 Roebeck & Anor v Bradford Trust Ltd [pdf, 30 KB]

   ...restructure their business dealings and dissipate their assets to make it difficult for the defendant to enforce the Authority’s determination. The defendant says it wishes to commence bankruptcy proceedings against the plaintiffs and to then request the Official Assignee to set aside dispositions of property made with intent to defeat the plaintiffs’ creditors. [5] The plaintiff’s application for stay of execution of the Authority’s remedies is very weakly supported....

7. [2013] NZEmpC 7 Air New Zealand Ltd v Wulff [pdf, 117 KB]

   ...balance on each anniversary of Mr Wulff’s employment. That should be done from September 2010 onwards. “Notional usage” [15] I am informed by counsel that Mr Wulff did not resume actual work until 12 September 2011. This delay was at the request of Air New Zealand and with the agreement or acquiescence of Mr Wulff. [16] Air New Zealand accepts that Mr Wulff should have accrued sick leave entitlement during the period after his reinstatement when he was employed but not w...

8. [2013] NZEmpC 9 Gini v Strugess [pdf, 73 KB]

   ...her to pay the defendant $4,500 in costs. There was no cross-challenge but the defendant seeks to uphold the Authority’s award. [2] By consent, it was agreed between the parties that no evidence would be heard but the hearing would take the form of the parties’ representatives presenting oral submissions on the papers before the Court. 1 [2012] NZERA Wellington 52. [3] The background facts are complex but there is no need...

9. LB & QB v REAA & LI [2011] NZREADT 39 [pdf, 106 KB]

   ...MCC rules but might still be in breach of the original covenant which the seller considered to be redundant. The Committee considered whether or not the licensee knew or should have known about the covenant. After much discussion, the Committee formed the view that the licensee was not aware of it and that the covenant was not an obvious defect as it was undefined in the Computer Register Copy of Title. The licensee had no cause to doubt the veracity of the sellers position and in t...

10. ENVC Hearing 6Oct14 AC rebuttal John Cawley [pdf, 97 KB]

    31554598:629148 BEFORE THE ENVIRONMENT COURT IN THE MATTER of the Resource Management Act 1991 ("RMA") AND IN THE MATTER of a Notice of Motion under section 87G of the Act requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf (ENV-2013-AKL-000174) REBUTTAL STATEMENT OF EVIDENCE OF JOHN KEITH CHARLES CAWLEY (ACOUSTICS) ON BEHALF OF AUCKLAN...