Search Results

1. Facilitation payments guide and NZ's anti-bribery laws [pdf, 128 KB]

   ...undue material benefit to the payer, and therefore fall outside the scope of New Zealand’s exception. Steps you need to take • Using facilitation payments as a means of doing business holds substantial legal and reputational risks. As a matter of best practice, businesses should develop procedures and controls to prohibit their use. • Businesses are strongly encouraged to employ practical measures such as training staff and conducting risk assessments to ensure they can...

2. Jefferies v Winika - Whaiti Kuranui 2D4P (Ruapeka Marae) (2016) 150 Waiariki MB 295 (150 WAR 295) [pdf, 302 KB]

   ...were sent out to him without a stamp he would more than likely have considered it junk mail and not opened it. [13] Mr Winika submits that he did receive a copy of the 19 April 2016 letter but says he did not read it. Mr Winika argues that the matters raised in the letter should have been discussed at the AGM however the trustees did not raise it at that meeting. 150 Waiariki MB 298 Mrs Tutua-Nathan’s submissions [14] Mrs Tutua Nathan submits that she did not receive no...

3. [2020] NZEmpC 227 Wills v Farmlands Co-Operative Society Ltd [pdf, 232 KB]

   ...reached, Ms Wills cannot establish the second limb of s 115(b); Mr Mason did not fail to act. [34] Even if Ms Wills had overcome the first limb of the test under s 114(4)(a) it would have been difficult for her to establish that the interests of justice warrant granting leave under s 114(4)(b). Her application was silent about the circumstances that she considered gave rise to a personal grievance, making any attempt to consider them as part of this evaluation impossible.15...

4. DX v OI Ltd [2019] NZDT 1529 (24 October 2019) [pdf, 146 KB]

   ...towed DX’s car from the Auckland Harbour Bridge to its tow yard in [location 1]. DX disputed the towing and storage fee on the basis that she did not authorise the tow, and there were various communications between the parties attempting to resolve matters. 2. DX arranged for a wrecker to collect her car from the tow yard on 10 August, and told OI she would settle her account from the proceeds, but no-one was at the yard that morning. After waiting for nearly an hour, she rang OI and...

5. [2022] NZACC 70 – Cuervo-Hernandez v ACC (3 May 2022) [pdf, 191 KB]

   ...operation. If that accident merely rendered symptomatic an underlying condition of ageing and that was the whole or substantial need for the operation that would not be sufficient. In Gazzard (High Court Wellington CIV 2005-485-2388, 22 May 2006) Justice Miller held that a temporal connection was not sufficient, when the medical evidence established that cause complained was a function of degeneration rather than injury. [25] In Johnston,3 France J stated: [11] It is common gro...

6. [2024] NZEmpC 139 Singh v Singh [pdf, 234 KB]

   ...inability of the company to meet any future judgment is not an adequate reason to pierce the corporate veil. [32] I am not persuaded that there is a good arguable case to make an order that would prevent the sale of the respondent’s property. Other matters [33] There is a further problem. The applicants also needed to establish that there are assets within the jurisdiction and a risk of dissipation. Leaving aside that the application was not made against the applicants’ empl...

7. Chadwick v Guardian Trust and Executors Co Ltd - Ngatarawa 2E1 (1966) 9 Ikaroa Appellate Court MB 99 (9 APT 99) [pdf, 325 KB]

   111 THE MAORt"·APPELLATE COUBT OF NEW ZEALAND Judgea H.A. Brook (Presiding) IN THE MATTER ot the Kaori freebold land known aa Hgatarawa ZE1 ~ IN THE MA.TT.ER or &Q Ordn ••d• by the Chief Judg• pursuant to Section %52 ot th• Maori Attaira Act 1953 on 17 February, 1966 ~ IK THS HAT"rER ot an appeal therefrom by Te Hore Ngarang1 Cbadwj,,e.k nd The O'uardian Truet and Executors Coapanz of New Zealand Liaited ae Reepondent. w.c. N1ebol&o...

8. [2025] NZEmpC 106 Burgess v Tutton Sienko and Hill Partnership [pdf, 200 KB]

   ...GARY OWEN BURGESS v TUTTON SIENKO AND HILL PARTNERSHIP [2025] NZEmpC 106 [28 May 2025] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2025] NZEmpC 106 EMPC 462/2024 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for security for costs BETWEEN GARY OWEN BURGESS Plaintiff AND TUTTON SIENKO AND HILL P...

9. LCRO 001/2017 AB v AC [pdf, 253 KB]

   ...[4] The incident concerning AD occurred on 26 March 2015. Another pupil at the School is said to have provoked AD, who allegedly retaliated. Because Mr and Mrs AC had previously complained about Ms AE’s conduct in relation to an unresolved matter 2 concerning their daughter, who also attended the School, they asked Mr AB to assist them in relation to AD’s matter rather than approach Ms AE direct. [5] Mr and Mrs AC requested a meeting with Mr and Mrs AB on 29 March 2015....

10. [2015] NZEmpC 181 Allied Investments Ltd v Guise [pdf, 167 KB]

    ...same regardless of how a termination is ultimately brought about. The alleged breach of duty [55] Miss Boulton's principal submission was that cl 17.1 of the employment agreement was harsh and oppressive and breached the principles of natural justice as well as the employer's duty of good faith under s 4 of the Act. In this regard, counsel stressed that under cl 17.1 as it stood, the client could request the employer to cease the supply of the employee's services at...