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1. National Standards Committee 1 v Name Suppressed [2021] NZLCDT 5 [pdf, 150 KB]

   ...of misconduct or (alternatively) unsatisfactory conduct. The factual allegations underlying the charges involve the conduct of the Practitioner at two Christmas functions some years ago, when he was with Russell McVeagh in Wellington. Various forms of sexual misconduct are alleged. [2] The first five charges arise out of an office Christmas function that occurred in Wellington. The remaining three charges involve events that occurred at a “team” Christmas party held at the Pr...

2. [2021] - NZREADT 09 - Complaints Assessment Committee 1905 v Papuni (24 February 2021) [pdf, 265 KB]

   ...charge of disgraceful conduct under s 73(a). [2] The Committee and Mr Papuni have agreed a statement of the relevant facts, and have made submissions as to the charge and the appropriate penalty to be imposed. The Tribunal is required to make a formal finding as to the charge, and to determine penalty. Facts [3] At the time of the relevant conduct, Mr Papuni was engaged by Forrest Hill Realty Ltd. On 6 December 2018, he was engaged by the Yuxuan Co Ltd (“Yuxuan”) to m...

3. [2020] NZEmpC 140 Mataura Valley Milk Ltd v Scott [pdf, 246 KB]

   ...and relying on Capital + Merchant Finance Ltd (in rec and in liq) v Perpetual Trust Ltd [2014] NZHC 3205, [2015] NZAR 228. was no connection between Happy Valley and the subject matter of the proceeding compounded in this case because the request was to be joined as a third party. Third parties are usually joined where the defendant is entitled to some sort of relief from that party, connected with the subject matter of the proceeding.5 Mr Smith pointed out that, as well a...

4. Template-Comprehensive-Whanau-Trust-Order-Final-Version-30-June-2020.doc [doc, 101 KB]

   ...fail to convene a general meeting of the Beneficiaries within 2 months of receiving the written notice specified above at clause 6.2, the Applicant may file in Court an application pursuant to section 238 of the Act or section 68 of the Trustee Act 1956 requesting that the Court: (a) review any decision, action or failure to act of the Trustees; and/or (b) give directions in relation to any action or failure to act or contemplated action or failure to act of the Trustees; and/or (c) grant an...

5. [2020] NZEmpC 96 Innovative Landscapes (2015) Ltd v Popkin [pdf, 203 KB]

   ...interpretation of the power Parliament has conferred on this, as opposed to any other, Court. The point was emphasised by Kirby J in Re JJT; Ex Parte Victoria Legal Aid:5 Although the word “costs” may import notions of a general kind from the forms of orders which have been made in courts of laws for centuries, such preconceptions must not distract the Court from the task of construction which each statutory provision for costs invokes. As with any other legislative measure, t...

6. 2021-03-01 ORC - MOC - PC7 - mining permits - annexure E [pdf, 452 KB]

   ...race or dam for which a current mining privilege has been granted, and for the deposit of soil and other matter removed from the race or dam, the privilege shall, during the currency thereof, entitle the holder of the privilege to occupy the land forming the course of the race or, as the case may be, the site of the dam, and also such other land as is specified in that behalf in the privilege. S11 Retention of right of priority – Every holder of a current mining privilege who h...

7. 2021-03-01 ORC - MOC - PC7 - mining permits - annexure D [pdf, 23 MB]

   ...any race or dam for which a current mining privilege has been granted, and for the deposit o f soil and other matter removed from the race or dam, the privilege shall, during the currency thereof entitle the holder o f the privilege to occupy the land forming the course o f the race or, as the case may be, the site o f the dam, and also such other land as is specified in that behalf in the privilege. SI I Retention o f right o f priority — Every holder o f a current mining privilege who hold...

8. Holden v Hanns [pdf, 48 KB]

   ...Background Allegations against Equus 18. Equus manufactures the THERMEXX cladding system. As it said in its brochure:- The THERMEXX Insulating Wall Cladding system is applied over many stable building materials. Fire resistant polystyrene foam forms the insulation layer. This is overcoated with a layer of THERMEXX REINFORCED with fibreglass cloth. A range of Equus coating systems from very fine to very coarse textures if available to choose from for the final finish. The appl...

9. [2017] NZEmpC 10 Xtreme Dining Ltd t/a Think Steel v Dewar [pdf, 107 KB]

   ...reference to the assessed contribution to costs, $18,120, should be awarded, which is $2,718. 14 [46] Mr Dewar has also been invoiced for disbursements. We do not consider it appropriate to include the amount incurred for copying, postage and forms of $36.50; but it is appropriate that he be reimbursed for expenses paid to the library of the New Zealand Law Society, in the total of $96.60, given the extent of legal research which was understandably undertaken on his behalf for t...

10. [2016] NZEmpC 49 Mercer v McIntyre [pdf, 151 KB]

    ...submission, however, was that the rule had no application because Mr McIntyre was not the "proferens". In other words, the settlement agreement had not been prepared or drafted by Mr McIntyre but by the mediator using a standard mediation form. I agree with that submission. The contra proferentem rule has no application. [17] Turning to the ordinary and natural meaning of the words at issue, as the case did not involve the presentation of any oral evidence, similar subm...