Search Results

1. BORA Electoral Finance Bill [pdf, 444 KB]

   ...rationally connected and proportionate to that objective.[1] 10. Regulation of electoral advertising and related activity, whether through expenditure limits, authorisation requirements or other regulatory measures, necessarily limits expression on matters of fundamental public interest. 11. Clause 3 of the Bill states that its objectives include the maintenance of public confidence in election administration, promotion of participation in parliamentary democracy, prevention of undue in...

2. LCRO 382/2013 SC v JT (30 June 2017) [pdf, 193 KB]

   ...he provided explanation as to why he considered he was not, at that time, able to deliver the files 2 requested. Nor was he able to provide an accounting of the funds received, as he was waiting for the barristers he had instructed in the matter to render their accounts. [6] Mr SC sent further correspondence to Mr JT on 4 June 2013. He advised that he did not consider that the reasons advanced by Mr JT provided adequate explanation as to why the files had not been released. M...

3. IHC New Zealand v Attorney-General (Strike-Out Application) [2020] NZHRRT 47 [pdf, 248 KB]

   ...is contained in s 5 of the Interpretation Act 1999. The focus is on text, context and purpose: 5 Ascertaining meaning of legislation (1) The meaning of an enactment must be ascertained from its text and in the light of its purpose. (2) The matters that may be considered in ascertaining the meaning of an enactment include the indications provided in the enactment. (3) Examples of those indications are preambles, the analysis, a table of contents, headings to Parts and sections,...

4. Deputy Registrar v Moeahu - Lot 1 DP17494 Part Section 2345 New Plymouth (Old Railway Station) (2023) 468 Aotea MB 117 (468 AOT 117) [pdf, 339 KB]

   ...TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O AOTEA In the Māori Land Court of New Zealand Aotea District A20170004318 WĀHANGA Under Section 67, Te Ture Whenua Māori Act 1993 Section 131, Trusts Act 2019 MŌ TE TAKE In the matter of Lot 1 DP 17494 Part Section 2345 New Plymouth (Old Railway Station) and Other Blocks I WAENGA I A Between DEPUTY REGISTRAR Te kaitono Applicant ME And PETER MOEAHU, PERRY CASSIDY, KRISTIN KATU, WILLIAM NICHOLAS,...

5. Lomax v Apatu – Awarua o Hinemanu Trust (2013) 22 Takitimu MB 282 (22 TKT 282) [pdf, 137 KB]

   ...Moreover, Mr Apatu claims that his son performs important services for the Trust including monitoring commercial activities carried out, it is said, without authority by Mr Karena. Mr Apatu also says that his son is knowledgeable in forestry matters and also assists the Department of Conservation (“DOC”) from time to time dealing with stoat trapping, control and eradication. [3] In addition, Mr Apatu says that Mr Karena has been using the Trust land without authority and contr...

6. Hunia v New Zealand Police [2021] NZHRRT 12 [pdf, 164 KB]

   ...information obtained in the course of a criminal investigation from being used for the different purpose of an employment investigation. The Police submit the effect of the Policing Act 2008, s 57 and the Privacy Act 2020 (PA 2020), s 24 is that as a matter of law the limitations prescribed by IPP 10 have no application and the plaintiff’s personal information can be used in an employment investigation. [4] In this decision the Police submission is upheld with the result the plaintiff...

7. [2024] NZEmpC 251 The Chief of New Zealand Defence Force v NZ PSA Te Pūkenga Here Tikanga Mahi [pdf, 263 KB]

   ...of good faith in section 4 if anything referred to in subsection (2) or subsection (4) is done with the agreement of the union concerned. (6) In determining whether subsection (2)(a) and (b) or subsection (4)(a) or (b) applies, the following matters must be taken into account: (a) whether the employer bargained with the employee before they agreed on the term or condition of employment: (b) whether the employer consulted the union in good faith before agreeing to the term or...

8. [2014] NZEmpC 25 Law Ors v BOT of Woodford House Ors [pdf, 518 KB]

   ...any reference in the MW Act to “salary” and compared this to other employment legislation in which the word appears either alone or in conjunction with “wages”. For example, s 65(2)(a) of the Employment Relations Act, which sets out the matters that must be included in any individual employment agreement, refers at (v) to “the wages or salary payable to the employee …”. I note, inconsistently however, s 131 of the Employment Relations Act provides for the recovery of...

9. [2006] NZEmpC AC 51/06 Fuiava v Air New Zealand Ltd [pdf, 118 KB]

   FUIAVA V AIR NEW ZEALAND LTD AK AC 51/06 12 September 2006 IN THE EMPLOYMENT COURT AUCKLAND AC 51/06 ARC 96/05 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN JUNIOR FUIAVA Plaintiff AND AIR NEW ZEALAND LIMITED Defendant Hearing: 3 February 2006 (Heard at Auckland) Appearances: Garry Pollak, Counsel for Plaintiff Rachel Larmer, Counsel for Defendant Judgment: 12 September 2006 JUDGMENT OF JUDGE...

10. TC vs Mr & Mrs SH LCRO 234/2014 [pdf, 233 KB]

    ...Trust C had been significantly resolved by the sale of that trust’s assets. [21] In his email Mr SH raised no concerns about the work that had been done by Mr TC to date. He indicated that he and Mrs SH would discuss “living wills and other matters [which Mr TC had raised] [and would] respond ... on Monday 5th November”. [22] On 9 November Mr TC made further request for the return of documentation indicating that he was looking forward to “completing the restructuring”.