Search Results

1. [2011] NZEmpC 3 Northland DHB and 20 Others v New Zealand Resident Doctors Association Inc [pdf, 188 KB]

   ...agent by the principal in cases where an agent does no more than authorise the execution by another as a purely ministerial act. The Court held: While 42 Halsbury's Laws of England (4th ed) para 42 states that an agent cannot without the consent of his principal delegate his authority to sign a memorandum. We do not read any of the cases cited as going so far as to preclude the agent from having the purely ministerial act of signing the memorandum completed by a nominee. No...

2. International Covenant on Civil and Political Rights - summary record 5th report [pdf, 88 KB]

   ...was inconsistent with the rights and freedoms contained in the Bill of Rights Act, the Supreme Court had affirmed the practice of informally “indicating” the existence of such inconsistencies. There was no formal mechanism to respond to such statements, but the Government took them very seriously. One such case was the Hansen case in 2007, when the majority of the Supreme Court had indicated that the Misuse of Drugs Act, by creating a presumption that a person possessing a certain...

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

   ...Massam (the son of the said John Massam). We now cover only salient parts of the evidence of those witnesses. [21] Ms Ruissen’s evidence particularly focussed on the trustees meeting of 12 June 2012. Her evidence is consistent with the above statement of facts. She states that prior to the meeting of 12 June 2012 she had no knowledge whatsoever of the activities of Mr J Massam, her co-trustee, and the defendant Mr Morris as covered in the above facts. Ms Ruissen had no knowledge...

4. Wells & Anor v REAA CAC 20007 & Anor [2014] NZREADT 36 [pdf, 83 KB]

   ...lawyers for vendor and purchaser had agreed between themselves that the 8 deposit need not be paid until settlement date and that Ms Wells had agreed to that. She responded that was never put to her and that, surely, she would need to have consented before her lawyer could agree to such an arrangement. The Evidence of Ms H I Davidson – Solicitor for Appellants [47] Ms Davidson explained that the appellants sold the property in their capacity as trustees of the DB Wells Fam...

5. Smith v ACC [2014] NZACA 3 [pdf, 82 KB]

   ...costs awarded by the Review Officer in respect of three applications for review of decisions made by ACC in 1988, in the course of considering Mr Smith’s request for a reassessment of his lump sum compensation award for permanent disability, reinstatement of his earnings related compensation that had ceased in 1981, and retraining assistance to become a diesel mechanic. [2] Mr Smith sought costs of $2,225.00 for Review No. 1125589; $3,125.00 for Review No. 112590; and $3,125.00 for R...

6. LD & KL Trust v MT & HB LCRO 25/2015 (15 April 2016) [pdf, 106 KB]

   ...specific request required by rule 13.3(b). Letters were sent on a regular basis to contributors following the defaults advising what steps the nominee company was taking to recover the money owed to the mortgagee. This commenced with reassuring statements following the initial default:9 From our perspective, unless the default is remedied, we will move quickly to protect your interest by way of a mortgagee’s sale. Given the ratio of borrowing to the valuation, we do not anticipate an...

7. [2019] NZEmpC 46 Southern District Health Board v Glasson [pdf, 457 KB]

   ...not a mandatory requirement for her job. [43] That decision was surprising because Ms Wilson wrote the letter supporting Ms Glasson’s application for registration with the Technologists’ Board. The issues [44] Counsel filed a statement of agreed issues which, with minor adjustments, is summarised as follows: (a) Is Ms Glasson covered by the multi-employer collective agreement which covers South of Auckland sonographers? (b) In assessing whether she is covere...

8. Karaitiana - Runanga 2E [2022] Chief Judges MB 454 (2022 CJ 454) [pdf, 399 KB]

   ...kind referred to in paragraph (a)(i) or paragraph (a)(ii) or paragraph (a)(iii). [34] Therefore, I consider that the rationale for the decision of the former Chief Judge in the Matauri X Incorporation, was unique to its facts. It was not a general statement restricting the powers of the Chief Judge or his delegate. Thus, I consider that I do have jurisdiction under s 44 to determine this matter as the orders complained of were made in relation to the Court. In this case, the applica...

9. IPT 2021-22 Annual Report [pdf, 526 KB]

   ...the Court of Appeal, following an initial dismissal by the High Court. Matters Appealed to Higher Courts Since Tribunal’s Inception 273 162 26 9 76 36 0 50 100 150 200 250 300 Matters finalised Dismissed Allowed Settled by consent Discontinued; withdrawn or struck out Yet to be determined 21 Acknowledgements This is my first report as Chair of the Tribunal. I record my appreciation to the members of the Tribunal who have supported me and who h...

10. [2021] NZACC 105 - W v ACC (16 July 2021) [pdf, 384 KB]

    ...dismissed. Costs [76] I ask the parties to confer about costs. If costs cannot be settled by agreement then memoranda can be filed within 14 days of this decision. I will decide the matter of costs on the papers. Name Suppression [77] By consent there is an order that the name and any identifying details of the appellant are suppressed because of the nature of “W’s” injury. This case will be reported as “W” v ACC. P A Cunningham District Court Judg...