Search Results

1. Ching v Regmi & Ors [2014] NZWHT Auckland 4 [pdf, 94 KB]

   ...He stated that there is a lack of fall to the top surface balcony balustrade which consequently allows moisture to pond and ingress at any cracks or pinhole penetrations in the texture coating and paint finish. He also stated that gaps have formed between the fibre cement sheet to the balustrade and the timber facing which provides paths for moisture ingress. [11] The second major defect concerns the deck cladding which is in contact with the deck tiles. [12] The instal...

2. [2009] EBIIWU & ors v Carter Holt Harvey Ltd [Chief Judge Colgan, AC 22A/09, 9 December 2009] [pdf, 34 KB]

   ...considered further written submissions from the parties on the question of compliance of the employee protection provision (EPP) with the statute. [2] I note that Mr Yukich purported to file a further brief of evidence of Mr Moengaroa in the form of a sworn affidavit dated 22 June 2009 but in the absence of any application for leave to admit that evidence or consent by the defendant to its filing, I have not taken it into account. [3] I regret the delay in delivering th...

3. BORA Corrections Bill [pdf, 107 KB]

   ...Bill also introduces new powers in association with the power to conduct searches. These new powers include the enhanced procedures relating to the use of illuminating and magnifying devices around – but not in - the anal and genital areas when performing a strip search (clause 91(4), the use of x-rays to facilitate searches (clause 99(9)), and the power to search visitors and staff (clauses 100, 101, and 102). 10. We have previously considered the issue of the enhanced procedures sur...

4. BORA Crimes Amendment Bill No.5 [pdf, 94 KB]

   ...parent and child and grandparents and grandchild. There is an inevitable risk, or even probability, of power imbalance in any such relationship. The concept of consent is very difficult to imagine in such situations, at least to the extent of fully informed consent. Further, the repugnance that society generally attaches to such relationships is well founded. There is plenty of research to say that incest of this type, even if "consensual", is totally destructive of the family e...

5. BORA Evidence Amendment Bill [pdf, 304 KB]

   ...reviewed the Evidence Amendment Bill (Bill). We advise it appears to be consistent with the rights and freedoms in the New Zealand Bill of Rights Act 1990 (Bill of Rights Act). 2. The Ministry of Justice considers the Bill is largely in its final form but consultations with other government departments continue. We will advise you of any significant changes that affect this advice. General comments 3. In February 2012, the Hon Judith Collins exercised her power under s 202 of the Ev...

6. Popa v Canterbury University (Strike-Out Application) [2018] NZHRRT 1 [pdf, 255 KB]

   ...alleging unlawful discrimination on the grounds of race, colour and ethnic and national origins, as well as racial harassment, because she was not given employment by the University, teaching mathematics. [5] The Commission did not offer mediation or formally notify the complaint because there was no indication or evidence that Dr Popa’s ethnicity, race or national origins were the reasons for her not being employed as a mathematics tutor at the University. This led to her claim at...

7. Tangi v ACC [2013] NZACA 9 [pdf, 35 KB]

   ...settled law that the contended point of law must be capable of bona fide and serious argument to qualify for the grant of such leave to appeal. Care must be taken to avoid allowing issues of fact to be dressed up as questions of law as appeals on the former are proscribed. However a mixed question of law and fact can amount to an error of law. [5] Even if the qualifying criteria are made out, this Court has an extensive discretion I the grant or refusal of leave so as to ensure...

8. Park [2016] NZWHT Auckland 3 [pdf, 180 KB]

   ...close to a wall between that room and a bathroom. [30] In removing the skirting board, the assessor uncovered quite significant deterioration of the bottom plate. He determined that was caused by a leaking shower in the adjoining bathroom. He formed this view after turning on the shower and observing ponding on a raised tiled area between the shower box and the connecting wall in which he found the decayed timber. The physical proximity of the decayed timber to the shower box...

9. [2016] NZSSAA 71 (18 July 2016) [pdf, 178 KB]

   ...allowances received from overseas to be deducted from entitlement to New 3 Zealand benefits in certain circumstances. The essential elements of s 70 are that where: ● a benefit, pension or periodical allowance granted overseas, which forms part of a programme providing benefits, pensions or periodical allowance, is paid to the recipient of a benefit in New Zealand or that person’s spouse, partner or dependent; and ● the programme provides for any of the contingen...

10. [2016] NZEmpC 98 Nisha Alim v LSG Sky Chef New Zealand Ltd [pdf, 144 KB]

    ...since it provides the Registrar with the power to remove a company from the register. In this case, the Registrar is proceeding under s 318(1)(d), the effect of which is that she must remove a company from the register if there is a qualifying request to do so. However, this power is subject to s 318(5), which relevantly provides that removal cannot occur if there is an objection to removal under s 321. [16] PRI accordingly submits that if the objection procedure were to be insti...