Search Results

1. IN & SC v B Ltd [2020] NZDT 1640 (16 November 2020) [pdf, 169 KB]

   ...outside the specific times when IN was in hospital. IN was adjudicated bankrupt on 29 August 2018, three and a half months before the end of his primary period. However, whilst he was advised by the OA on 9 November 2018 that all new matters needed consent to proceed, this limitation arose at the end of the primary period. IN also could have sought earlier approval to proceed. More importantly, incapacity in this context requires specific roadblocks caused by physical or mental im...

2. AMLCFT Statutory Review Summary Document [pdf, 301 KB]

   ...enforce the Act. We want to make sure that they have all the right powers, so we are seeking your views. We are particularly interested in hearing whether supervisors should have the power to do remote inspections or onsite inspections in homes (with consent). Regulating auditors, consultants, and agents (page 40) Auditors, consultants, and agents are types of third parties that can play an important role in helping a business comply with the Act. However, the Act does not set out who...

3. National Standards Committee 1 v Palmer [2022] NZLCDT 42 (10 November 2022) [pdf, 128 KB]

   ...that the move was just a normal way of socialising rather than following Ms A to her position. We found that explanation implausible. [40] Mr Palmer denies touching Ms A in the manner alleged because he says he does not do that to women without consent and therefore would not have on this occasion. [41] Ms A was a careful and credible witness. At the time she had approximately seven to nine years’ experience and so was at an intermediate solicitor level. She was fair in h...

4. [2024] NZEmpC 6 C3 Ltd v O’Brien [pdf, 250 KB]

   ...testing. His manager, Bruce Coleman, drove to the ship where Mr O’Brien was working and advised him that he had been selected for random testing. He then drove Mr O’Brien to the onsite testing van. (i) Mr O’Brien completed the testing consent forms and a TDDA technician explained to him the monitored urine testing process and handed him the urine test cup. The test cup is manufactured by 5 Australian Standard 3547:2019 Breath Alcohol Testing Devices and Australian N...

5. LCRO 176/2022 SP v AQ (15 August 2023) [pdf, 313 KB]

   ...was. [57] Ms SP was then provided with the option of the review being completed on the papers. She advised that after some thought, she did not wish to make oral submissions. [58] This review has therefore been conducted on the papers with the consent of both parties. Review Fees / expenses / disbursements [59] Ms SP has adopted a somewhat unusual procedure in formulating her invoice to Ms AQ, in that she has included a fee element in the items listed as ‘expenses’. Thi...

6. [2024] NZEmpC 181 Ford v Henry Brown and Co Ltd [pdf, 233 KB]

   ...to the company to dismiss Mr Ford on the basis that cl 16 was engaged in the circumstances of this case, and the dismissal was unjustified. [29] I now turn to deal with the other issue raised by the company, namely in respect of the disputed statements made by Mr Ford to Ms Muir and Mr Brown about why he had left his previous job. What was asked and what was said about prior employment [30] As I have said, the evidence relating to what (if anything) Mr Ford was asked about...

7. B Ltd v NK & KX [2025] NZDT 28 (27 January 2025) [pdf, 177 KB]

   ...he thought he had made an agreement with B Ltd. KX said that NK is not bound by the written contract as he never read it but that he is bound by pre-contractual discussions. 8. Considering the circumstances as a whole, and in light of NK’s own statements, I find that NK was a party to the contract entered into. What was the agreed price for the provision of the sketch design (including the GST issue)? 9. The written agreement says that the fee for the preparation of sketch design...

8. [2024] NZLVT 063 - Bottinga v Auckland Council (16 December 2024) [pdf, 357 KB]

   ...(stormwater and sewer issues, remedial planting) were accounted for through an adjustment made for costs associated with remediation. Parties’ positions Auckland Council Mr Kanji, a Registered Valuer with Quotable Value Limited, provided a statement of evidence. Mr Kanji followed the approach in the previous Tribunal decisions to assess the valuation. Mr Kanji concluded that the valuation of the subject property as at 1 June 2021 is: (a) Capital Value: $1,050,000;...

9. International Covenant on Civil and Political Rights - summary record 4th report [pdf, 51 KB]

   ...rights issues. No action had been taken with regard to two, one had been acted upon, and the fourth had been subsequently implemented, although it was unclear whether that had been in response to the Commission’s recommendation. With regard to the statement in the 1997 annual report on race relations that 87 per cent of the population did not believe that Maori needed special treatment, she replied that neither the Race Relations Commission nor the Human Rights Commission had posed suc...

10. Pue v Kingi - Te Rununga o Ngati Maru (Taranaki) Whenua Topu Trust (2012) 291 Aotea MB 257 (291 AOT 257) [pdf, 227 KB]

    ...[55] In any event Tamzyn Pue will remain a trustee while Maria Kīngi, Chris Manukonga, Cynthia Kīngi-Brown and Ron Puata will be replaced with Jan Mātuku, Holden Hohaia, Tom Rangihaeata, Maioha Tokotaua and Edward Ngeru, subject to their consent. Messrs Carr and Tapatu are invited to resign to ensure they remain eligible for re-election should they desire to stand for the office of trustee again. It will be remembered that any trustee who is removed by the Court will, accord...