Search Results

1. [2014] NZEmpC 98 Narayan v Telecom NZ Ltd [pdf, 129 KB]

   ...an allegation of discrimination and a claim to have been unjustifiably dismissed. [7] The alleged bases for the unjustified disadvantage claims are as follows: a) “Bad treatment” alleging actions of the defendant of releasing personal information about Mr Narayan to third parties in Fiji; b) “Withdrawal of an offer of promotion”. This relates to the suspension of an agreed promotion of Mr Narayan by Telecom pending completion of the investigation into his medical certi...

2. Proactive Release – Expiring Anti-Money Laundering and Countering Financing of Terrorism Act 2009 regulations: substantive and technical changes and new regulatory proposals [pdf, 954 KB]

   ...AML/CFT regime outlined in the Act are to: detect and deter ML/TF; maintain and enhance New Zealand’s international reputation; and contribute to public confidence in the financial system. 11. I have considered the purposes of the AML/CFT regime in forming my recommendations to Cabinet to make the substantive and technical changes outlined in this paper. Specifically, my recommendations are based on: • risks of ML and TF associated with products, services and entities affected b...

3. [2010] NZEmpC 116 Miller v Fonterra Co-Operative Group Ltd [pdf, 28 KB]

   ...including, but not limited to, affidavits filed, Court minutes and judgment. [4] In support of the application, Mr Rooney submitted that the documents sought by the defendant were relevant when assessed against the pleadings in the case, that the requests were not oppressive and that the documents could not all be subject to legal privilege. He submitted that relevance is the key issue citing Gilbert v Attorney-General in respect of the Chief Executive of the Department of Corre...

4. Memorandum of Counsel for Guardians of the Bays Incorporated (dated 16 March 2018) [pdf, 119 KB]

   ...2776 M 021 277 1425 IN THE ENVIRONMENT COURT WELLINGTON REGISTRY ENV-2016-WLG-000058 Under section 274 of the Resource Management Act 1991 In the matter of the Resource Management Act 1991 of Notice of Motion under section 87G requesting the granting of resource consents to WELLINGTON INTERNATIONAL AIRPORT LIMITED for the Wellington International Airport Extension of Runway: Construction, Operation and Maintenance MEMORAN...

5. [2019] NZEnvC 067 Minister for Children v Auckland Council [pdf, 3.3 MB]

   ...19 years old (although most will be under 18) and will enable the increase in number of tamariki and rangatahi who may reside at the Residence from 20 to 30. [3] The grounds for the application are: (a) On 22 February 2019 the Minister made a request pursuant to section 1980 of the RMA that the Environment Court determine the NOR; (b) The Council made a decision on 28 March 2019 granting the Minister's request to allow the I\JOR to be determined by the Environment Court ins...

6. MH v NB Ltd [2022] NZDT 171 (4 October 2022) [pdf, 99 KB]

   ...within 28 days. Reasons [1] MH claims that NB Ltd, represented by director EN, unsatisfactorily carried out repair work to her car, and claims $1,312.84 as compensation. EN denies liability. [2] MH’s case is set out in detail in her claim form. In summary, she said that she had taken the car in question, [the car], to NB Ltd’s premises on 15 March 2022, and had left it there with instructions that NB Ltd should install a new PCV valve, a new O2 sensor and windscreen wiper pivot...

7. SI & XQ v G Ltd [2022] NZDT 40 (14 February 2022) [pdf, 119 KB]

   ...so, what is the remedy and can the filing fee be recovered? What were the terms of the contract and was the contract frustrated? 4. There was no dispute that the terms of the contract agreed were set out in the client confirmation booking form of 14 January 2019. Nor was there any dispute that the terms provided that where the client cancels the contract deposits are non-refundable and where the cancellation is within 30 days of the event the full payment is not refundable....

8. L Ltd v N Ltd [2022] NZDT 247 (30 November 2022) [pdf, 236 KB]

   ...hearing took place by phone on 9 November 2022. [L Ltd.’s representative] represented L Ltd. [N Ltd.’s representative] represented N LTD. Findings 15. The relevant law is the law of contract. 16. The issues are: a) Was a contract formed? b) If so, is N Ltd in breach? c) If so, what damages is L Ltd entitled to? Was a contract formed? 17. Formation of a binding contract requires: a) Agreement between the parties on terms that are complete and certain...

9. TU v EM [2024] NZDT 153 (10 April 2024) [pdf, 103 KB]

   ...4. EM denied the claim saying that the baler was a functioning machine and was sold as a second hand machine. 5. The issues I have to consider are: a. Was there a misrepresentation that induced TU into the contract? b. When was the contract formed? c. Was there a breach of the contract regarding delivery of the baler? d. If there has been a misrepresentation or breach, what is the appropriate remedy? Was there a misrepresentation that induced TU into the contract? 6. Section...

10. GL Ltd v MD [2020] NZDT 1369 (14 October 2020) [pdf, 208 KB]

    ...was made redundant from her part-time job. 2. The contract was on a contingency basis and the terms of engagement provided that, unless the case was completed and lost, a fee would be payable, either a percentage of amounts paid to MD by her former employer or a termination fee in specified circumstances (with amounts prescribed by the contract based on the type of work performed by GL Ltd prior to termination). 3. As MD’s former employer did not agree to voluntary mediation, BC...