Search Results

1. [2018] NZEmpC 156 NZ Tramways and Public Passenger Transport Employees’ Union (Wellington Branch) v Cityline (NZ) Ltd [pdf, 272 KB]

   ...City Region trips undertaken by Cityline has greatly increased.4 [35] Cityline says the change is not prohibited by the collective agreement or otherwise unlawful. 4 From 5 trips per day to 101 trips per day. The proper approach to interpreting a collective agreement is objective: what would it mean to a reasonable reader? [36] The proper approach to the interpretation of a collective agreement is an objective one, the...

2. LCRO 84/2020 WF v BP (11 June 2020) [pdf, 159 KB]

   ...by the necessary filing fee. This means that both must be lodged within the 30-working day period. 13 Lawyers and Conveyancers Amendment Bill 2010 (120-1) at the explanatory note, referring to cl 10.1. 9 [52] In KX v WA LCRO 84/2012 (30 April 2012), this Office held: [9] For the avoidance of doubt, the statutory requirement is for a review application to be “lodged with the Legal Complaints Review Officer within 30 working days...

3. GZ v Lu [2019] NZIACDT 15 (15 March 2019) [pdf, 146 KB]

   ...advisory industry of what is known as “rubber stamping”.8 4 Section 50. 5 Section 51(1). 6 Section 53(1). 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [101]–[102] & [112]. 8 Stanimirovic v Levarko [2018] NZIACDT 3 at [4], [36]–[38]; Immigration New Zealand (Calder) v Soni [2018] NZIACDT 6 at [4], [50]–[61]. 9 [43] Typically, this occurs where a licensed immigration adviser uses...

4. LCRO 246/2013 YM v RD (7 January 2019) [pdf, 221 KB]

   ...position was that Mr YM had until 4 pm on 3 October 2012 to “confirm that all conditions have been fulfilled or waived” [emphasis added] and that the agreement was unconditional. That fax is stamped as having been received by Mr RD’s office at 1.01 pm, ten minutes after Mr RD’s office received Mr YM’s email about the builder’s report. [11] No one from Mr RD’s office had notified the vendor’s lawyer that the builder’s report condition was satisfied during those ten...

5. Reoffending analysis for restorative justice cases 2008 to 2011 [pdf, 651 KB]

   ...Conferenced 241 535 726 821 7.3 5.3 4.9 4.2 Matched comparison 663 1,514 2,128 2,413 8.2 9.3 6.2 5.9 Non-conferenced 133 324 388 564 9.6 11.6 4.9 5.4 Other eligible 5,051 7,679 15,838 17,510 10.2 9.2 6.7 6.4 Total 6,088 10,052 19,080 21,308 10.1 9.2 6.6 6.3 % Difference (conferenced/ matched comparison) -11 -43 -21 -28 Table A8: Risk-adjusted imprisonment rates for reoffending (%) within 2, 3 and 4 years, by offender group: 2008-2010 Offender group 2 Years 2008 2...

6. [2021] NZEmpC 45 Senate Investment Trust Through Crown Lease Trustees Ltdv Cooper [pdf, 248 KB]

   ...being bound to the obligations and benefits contained in the agreement. Conversely, until that symbolic but important act of signing, the form of agreement remains as a draft and, potentially, subject to further negotiation and alteration. [101] As with most contracts, and employment contracts or agreements in particular, I conclude that the parties did not intend that they would each be bound by the draft written agreement unless and until that was executed by the writing of t...

7. ENVC Hearing 6Oct14 WML rebuttal Maxwell Dunn [pdf, 5.2 MB]

   ...consent application. The small parts of the reclamation and boardwalk that are on ‘dry land’ can be readily ‘accommodated’ and not 25 adversely affect any adjacent land owner or occupier or any environmental feature/value. 101. Clause (b) does not in my view place any particular constraints on facilities, like the proposed parking reclamation or deck, that straddle the CMA/land boundary, as Mr Serjeant appears to be suggesting. The landward component simply has...

8. Pikia - Succession to Roimata Ani Pikia [2023] Chief Judge's MB 747 (2023 CJ 747) [pdf, 379 KB]

   ...Mangauika 1B1 and Whakairoiro 5C2C4 15.7000 347.64 Kawhia R2C1B 2.0920 115.06 Kawhia D No. 2B Sec. 1 .0198 98.05 Uekaha A1 12.7964 1,083.10 Taumatatotara A5 110.3300 486.90 * *At 113 Otorohanga MB 46, the value of Taumatatotara A5 is recorded as 101.74 1 113 Otorohanga MB 45-56 (113 OTR 45-46) and 100 Waikato MB 90-93 (100 W 90-93). 2023 Chief Judge's MB 750 7. On 21 March 1990, the Court vested the above Māori land interests in Charles Hare Pikia, as executo...

9. [2023] NZEmpC 33 Pyne v Invacare New Zealand Ltd [pdf, 239 KB]

   ...silent as to how the Court is to go about exercising its challenge function, what material parties may appropriately put before the Court and what (if any) weight or level of deference is to be accorded to findings in the Authority. 4 Section 101(ab). 5 Section 144. 6 Section 156. 7 Section 179. 8 Section 214. 9 Section 214A. 10 Emphasis added. [9] In my view, and contrary to the defendant’s submission, the methodology issue is not answered by asking wheth...

10. Mules - Estate of Riki Te Mairaki Ellison (2005) 111 South Island MB 94 (111 SI 94) [pdf, 2.9 MB]

    ...chain of title to the deceased who has issue living at the deceased's death; and the issue shall take through all degrees, according to their stocks, in equal shares if more than one: 9 Ibid, page 36 10 Ibid, page 38 Minute Book: 111 SI 101 The effect of this provision is to take the focus off the family relationship between the deceased and potential successors, and to put the focus on his title to the land, and from where that title derived. The task of the court is to identi...