Search Results

1. [2014] NZEmpC 224 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 167 KB]

   ...“an initial [computer] search” based on the search terms proposed in the plaintiff’s solicitor’s first letter and notice requiring disclosure. Ms Park says that LSG has produced a list of documents for inspection but that the plaintiff’s response was to seek a wider search and not to inspect the documents initially listed. [56] As to the search terms “Terry Hay” and “NA”, Ms Park deposes that these are unlikely to produce anything relevant to Ms Alim’s cas...

2. [2015] NZEmpC 54 Goel v Director-General for Primary Industries [pdf, 266 KB]

   ...particular provisions relating to rehabilitation of an employee “back into the workforce” (arguably the closest analogy in the present circumstances) made no express provision for independent medical examination, although speaking of a mutual responsibility to facilitate rehabilitation which may include consultation with the employee’s doctor and others. Snowdon is therefore not authority for the proposition relied upon by the Authority in this case. [43] I turn to the seco...

3. Walters - Horahora 1B4A2D1 (2011) 22 Taitokerau MB 209 (22 TTK 209) [pdf, 205 KB]

   ...Maori land, or Crown land, or General land (as the case may be). (emphasis added) Issues [57] As mentioned in para [47] above, the Climo Estate‘s application to cancel or vary the Upper road order pursuant to s 322 of the Act is principally in response to NCIL‘s application to have the road declared a public road. Through their administrator David Climo, they say that he, David Climo, did not at the relevant time have authority to consent. Mr McDonald says he did not sign a...

4. CAC304 v Morris [2016] NZREADT 4 [pdf, 201 KB]

   ...the selling agent for (and therefore financially interested in) the 297A Church Street sale, or that Mr Morris had signed a four-year lease of the Battery Building on behalf of William Hughes Ltd as lessee. 8 [f] That Mr Morris’s response to the statutory demand for unpaid rent that MCT ultimately made was not convincing or supported by other evidence, for example: [i] Mr Morris claimed that he agreed to lease the building with the intention of sub-letting it, but plans...

5. Smith v ACC [2010] NZACA 7 [pdf, 90 KB]

   ...influenced by the fact that the appellant became bankrupt in approximately 1995, some three years after his accident (refer pages 4 and 5 of the decision). [75] The Reviewer asserts that ACC was not aware of the bankruptcy and that there was no response to the Corporation’s enquiry regarding this. That is not correct. Mr Schmidt instanced in the course of ACC’s investigations, a mediation was held where these issues were discussed. Because ACC policy is that the mediations rem...

6. Apostolakis v Rennie (Strike-Out Application) 2017 NZHRRT 42 [pdf, 286 KB]

   ...documents are rambling in content and full of irrelevancies, attempting a summary would be of little benefit. To the extent that the documents do contain matters relevant to the strike out application appropriate reference will be made. 7 [22] In response to the strike out application filed by Ms Rennie, on 7 April 2017 Mrs Apostolakis sought both discovery and pre-trial payment by the defendants of $129,049.32, such payment being to: … Perpetual Guardian Trust, 854538.2.1 de...

7. BORA Criminal Justice Reform Bill [pdf, 398 KB]

   ...parole of offenders. The stated purpose of the Bill is to introduce a range of measures to arrest the sharp increase in the prison population in recent years. 4. The Bill's provisions include: 4.1 The establishment of a Sentencing Council responsible for issuing sentencing and parole guidelines. The stated intention of such guidelines is to increase the level of consistency and transparency in decisions in these areas and to promote 'truth in sentencing'. At the same tim...

8. Heta - Taiharuru 4C3B (2010) 13 Taitokerau MB 203 (13 TTK 203) [pdf, 146 KB]

   ...apply under the Resource Management Act 1991 (“1991 Act”) for a subdivision outside the purview of the Court. That would be expensive and time-consuming and invites some uncertainty as separate titles may not be approved. Given this Court’s responsibilities under the 1993 Act it is incumbent on me to consider whether I am able to make orders creating those separate titles. 13 Taitokerau MB 210 The Court’s jurisdiction to make partition orders [31] Specifically, ca...

9. Rossi v Chief Executive of the Ministry of Business, Innovation and Employment (Strike-Out Application) [2016] NZHRRT 18 [pdf, 103 KB]

   ...the Ministry of Business, Innovation and Employment the first and second intended defendants are unnecessarily duplicated. The Chief Executive of the Ministry of Business, Innovation and Employment is the administrative head of the Ministry and is responsible for the administration of the Immigration Act 2009. The Chief Executive is therefore the proper party to respond to proceedings concerning immigration matters. This is supported by s 4 227 of the Act which provides that the...

10. Supplementary Regulatory Impact Statement: A New Trusts Act - Commercial and Financial Trusts [pdf, 957 KB]

    ...of the documents set out in the recommendation. Some cost impact especially where requirements would be very difficult, if not impossible, for a trustee to comply with eg a list of assets for an investment scheme may change hourly in response to offshore market fluctuations. The documents that are kept will not always reflect the list in the recommendation and it is not necessary that they do. The provision should not apply to commercial and financial trusts. 10...