Search Results

1. [2020] NZREADT 12 - Feschiev (4 May 2020) [pdf, 241 KB]

   ...previous decided cases of the tribunal in the proper interpretation of rule 10.7. [75] At the outset, for the reasons that were stated in Fitzgerald we consider that care must be taken not to expand the duties of licensees so that they acquire responsibilities similar to those of a builder or building inspector carrying out a survey of a house. [76] At the same time, the fact that a licensee is ignorant of the existence of a hidden defect in a property will not necessarily be a comp...

2. [2021] NZACC 44 - Waite v ACC (17 March 2021) [pdf, 261 KB]

   ...the weight of evidence pointed to Mr Waite’s ongoing pain as being likely due to the injury he suffered on 3 November 2012. [18] In an email to the case manager on 2 October 2014 Dr Bell commented that the neck injury in November 2012 was not responsible for the left cubital tunnel syndrome. The mechanism of injury was not one that would be associated with an injury to the ulnar nerve at the elbow. [19] On 15 October 2014 the respondent declined cover for left ulnar neuritis....

3. Proposals against incitement of hatred and discrimination - discussion document - accessible [docx, 206 KB]

   ...the law. The proposals may be changed based on feedback received. A detailed description of these proposals and the reasons they are being proposed is available from page 17 of this document. These proposals are only a small part of the Government’s response to the recommendations of the Royal Commission of Inquiry into the terrorist attack at Christchurch masjidain on 15 March 2019. Some of the other Government work to understand and address hate crime and hate speech more generally is liste...

4. Proactive Release - Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT): High-Value Dealer Regulations [pdf, 1.9 MB]

   ...and Vote Internal Affairs, and met from within departmental baselines. 9 Note that section 154(2) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, which relates to regulations made under section 154, requires that the responsible Minister have regard to the matters set out in that section before recommending the making of an Order in Council under section 154; 10 Note that section 154(3) of the Anti-Money Laundering and Countering Financing of Terrorism Act...

5. Li v The Real Estate Agents Authority (CAC), Huang, Chae, Donkin and Barfoot & Thompson Ltd (Mairangi Bay) [2018] NZREADT 52 [pdf, 335 KB]

   ...to be explained to Mrs Li in her native tongue. [16] Apart from the second respondent, there were other people involved in the events leading up to the signing of the Agreement who were also parties to the complaint on appeal. The agent who had responsibility for supervising Mr Huang was Ms Chae. She was also present at the key meeting at which the Agreement was entered into. [17] There is a further link between the actions of the second and third respondents. Mrs Li alle...

6. [2018] NZEmpC 113 Richora Group Ltd v Cheng [pdf, 396 KB]

   ...key events. It is not necessary to resolve each of these issues. It is, however, necessary to traverse the background in some detail in order to put Ms Cheng’s claims of unjustified constructive dismissal and unpaid wages, and the company’s response to these claims, into context. The facts [5] Mr and Mrs Li run Richora, a company which specialises in exporting manuka honey, predominantly to the Asian market. They emigrated to New Zealand from China about two years ago. Ms...

7. Te Manutukutuku Issue 29 [pdf, 9 MB]

   ...community. And in re- ducing funding to the trust, the Crown has failed to recognise the representative sta­ tus ofWaipareira and to recognise that it is a Treaty partner. A further hearing to complete claimant submissions and possibly for the Crown response, is expected to be held 7 to 11 November. (Hearing continuing.) Wellington Tenths hearing resumes HEARINGS BY THE Waitangi Tribunal on part of the wide-ranging and complex Wellington Tenths claim have resumed after a three ye...

8. [2021] NZEmpC 138 The 20 District Health Boards v New Zealand Nurses Organisation [pdf, 378 KB]

   ...was critical that the plaintiff could rely on such agreements; in this way, patient safety would be put first as to the Code required. [70] Mr Harrison submitted that neither the Act nor the Code expressly state that an LPS agreement reached in response to the compulsion imposed by cl 12(5) duty to negotiate is legally binding. [71] He argued that the Act expressly provides for agreements to be binding and enforceable as contracts in two instances only – employment agreements...

9. Auckland Standards Committee 2 v Holland [2022] NZLCDT 9 (3 March 2022) [pdf, 216 KB]

   ...that the trustee will not on any account allow him or her to have or acquire any personal interest in those assets without the express and informed consent of the beneficiary. There is, in addition, a further aspect to an executor's fiduciary responsibilities, namely a duty to act even-handedly between the beneficiaries. It is within this area of responsibility that the obligation not to unwarrantedly thwart claims arises. 3.16 In Rauch v McGuire, Asher J cited Re Stewart with app...

10. [2021] NZACC 151 - Estate of Carl Snyman (30 September 2021) [pdf, 275 KB]

    ...earlier decision of 4 November 2016, again declining cover for the treatment injury. 23 June 2018 Dr Snyman passes away. 2019-2020 Dr Snyman’s estate produces reports from Dr Donohue dated 14 May 2019 and 3 July 2020. ACC produces reports in response from Dr Adams dated 16 December 2019 and 29 August 2020. Issues [6] Mr Zindel and Mr Tuiqereqere agreed to the following issues, and set out their respective positions, reproduced here. [7] Dr Snyman was in receipt of weekly...