Search Results

1. Gilford v Accident Compensation Corporation [2016] NZACA 03 [pdf, 75 KB]

   ...was unaffected. [7] Mr Guilford filed an application for review of the 22 August 1997 decision many years later, on 12 October 2015. The Corporation accepts he had not been notified of the 1997 decision at the time it was issued. [8] In response to the review application, the Corporation wrote to Mr Guilford on 20 October 2015 advising that it had changed its decision and now accepted cover for the mental consequences of the injury sustained on 28 June 1985. He was invited t...

2. BORA Māori Purposes Bill [pdf, 307 KB]

   ...making capacity of an individual, which is necessary in a voting situation. 16. It is reasonable for Parliament to set an age limit reflecting its assessment of when most persons will have sufficient maturity and the decision-making capacity to make responsible decisions during Māori Trust Board elections. The alternative would be for the Trust Board to assess each individual aged 16 or 17 years to determine whether they have sufficient capacity and maturity to vote and this does not app...

3. [2017] NZEmpC 143 Sawyer v Victoria University [pdf, 164 KB]

   ...submissions that the record of settlement was a nullity and void.4 [6] On 21 February 2017, the Vice-Chancellor filed a statement of problem in the Authority seeking a compliance order in respect of the record of settlement and penalties.5 In response to that application steps were taken on Dr Sawyer’s behalf by her then lawyer which resulted in a further determination of the Authority, dated 3 March 2017, recorded as being by consent.6 [7] On 3 March 2017 Dr Sawyer’s lawyer h...

4. BORA Objectionable Publications and Indecency Legislation Bill [pdf, 289 KB]

   ...presumption of imprisonment engages s 9 (freedom from disproportionately severe punishment), and would be inconsistent with that right if its effect was to require a Judge to impose a sentence of imprisonment that would be a grossly disproportionate response to the offending. 12. The presumption proposed in this Bill preserves a discretion for the sentencing Judge to impose a sentence less than imprisonment if he or she considers that imprisonment would not be appropriate having regard t...

5. [2021] NZEmpC 61 Best Health Foods Ltd v Berea [pdf, 207 KB]

   ...evidence before the Court, if BHFL were to discharge its obligation to pay Ms Berea what she is currently due, and if the challenge as to remedies were subsequently to succeed, I have no basis for concluding that Ms Berea would not discharge her responsibility to repay such sum as may be due at that point. [14] It appears the challenge is being prosecuted in good faith. BHFL believes that it has a proper basis for asserting that notice was given, and that this impugns the subseque...

6. MVDT Annual Report 2012-2013 (Wellington) [pdf, 194 KB]

   ...after bidding as closed. If a person who attended the auction makes an offer that is accepted by the auctioneer within one working day following the day of the close of bidding the sale is treated as a sale by auction. Presumably this clause is a response to the lack of clarity around the existing definition of an auction. My view (informed by a number of cases including that mentioned above), is that consumers generally understand an auction to be concluded when the bidding is closed...

7. February Legal Aid News [pdf, 525 KB]

   ... Attend on applicant with interpreter if necessary to take instructions on interview report to answer additional information sought  Attend on applicant with interpreter if necessary to 2 examine decision and advise  Draft responses to any questions raised by the interview  Provide further evidence. Interview time Actual interview time For attending interview with applicant. Documentation Requirements Application for Civil Legal Aid (LA Form 5)...

8. Taueki v Horowhenua District Council (2013) 298 Aotea MB 263 (298 AOT 263) [pdf, 190 KB]

   ...1977 and the Reserves and Other Lands Disposal Act 1956, gives authority for management of the Lake Horowhenua Domain and the surface waters of the lake in the Domain Board. As counsel for the Domain Board has submitted it is the Trust who are responsible for insurance for the buildings even though it has no direct control over the use of those facilities, no control over what charges if any should be paid by a licensee or a lessee and no control over how the usual remedies availab...

9. [2019] NZEnvC 006 Kawau Island Action Incorporated Society v Duke and Auckland Council [pdf, 2 MB]

   ...unconsented work was continuing on the boat shed, despite the High Court quashing the resource consent for both the boat shed and the helicopter activity. The Court had made directions requiring the Council and the Dukes to file a memorandum in response, and this was received in accordance with the directions. Mr Coleman confirmed that he had also received a copy of these memoranda. [2] It also transpired that Mr Brabant, who has now received instructions for the Dukes and appeared...

10. [2018] NZEmpC 161 Aslan Farms Ltd v Johnstone [pdf, 324 KB]

    ...plaintiff until further order of the Court. (ii) All of the terms and conditions of the defendant’s employment will continue to apply, including his service tenancy, but he is not to undertake any of the duties, or discharge any of their responsibilities, of his position as Farm Manager. (c) The stay will be reviewed at a hearing to be conducted on 30 January 2019 beginning at 10:30 am and will lapse on that day unless extended or renewed. (d) The defendant’s notice...