Search Results

1. [2010] NZEmpC 120 Musa v Whanganui DHB & Anor [pdf, 83 KB]

   ...proper process and forum for such issues is through the Board’s employment protocols, not public comment through the media. To step outside those protocols exposes the Board and individual Board Members to risk, including (but not limited to): 10.1 The risk that there will be a claim against WDHB or the individual Board Member. 10.2 The risk that the Board’s insurers will not accept liability for a claim. 10.3 The risk that the Board Member’s right to indemnity from WDHB wil...

2. Wall v The Maori Land Court - Tauhara Middle 15 Trust and Tauhara Middle 4A2A Trust [2010] 2010 Maori Appellate Court MB 55 (2010 APPEAL 55) [pdf, 175 KB]

   ...trustees and whether the incumbent trustees of that trust should be required to stand down? [100] This fifth point deals with the actions of the trustees of the Tauhara Reservation Trust. This trust is a separate but related trust to Tauhara 15. [101] On 1 March 1971 an order was made recommending the setting aside of 2,879 a, 2 r and 30 p as a Māori Reservation (48 TPO 22). On 29 May 1975 by Gazette Notice No. 45, page 1208, Tauhara Middle Part 4A2A was set apart as “a Maor...

3. LCRO 200/2020 SK and WP v AQ (27 October 2023) [pdf, 292 KB]

   ...account all reasonable fee factors specified in r 9.1 that were applicable to the circumstances. [100] For clarity, I find that the provisions of the Firm’s terms of engagement do not constitute a fee agreement for the purposes of r 9.1. [101] This leaves three reasonable fee factors under r 9.1, namely, in the order discussed below: (f) the complexity of the matter and the difficulty or novelty of the questions involved; (d) the urgency and circumstances in which the matter...

4. CAC 304 v Chapman [2018] NZREADT 6 [pdf, 300 KB]

   ...building, did not express any concern as to the safety of the Southern Ink premises for occupation, notwithstanding the real concern expressed to him by Mr Parkin, and did not answer Mr Parkin’s questions about the safety of the premises. [101] While the above comments apply to the majority of Mr Chapman’s communications to Mr Parkin after the earthquake, his communication of 16 February 2011 is particularly significant. At that time he had met with HCG on 6 December and rep...

5. [2012] NZEmpC 53 New Zealand Educational Institute (Inc) v The Boards of Trustees of Te Mata, Parkvale and Frimley Schools [pdf, 183 KB]

   ...judged a success, and accordingly there was no trigger for the next stage of the work programme sequence. The claim for variation was premature, in the absence of a successful pilot having been completed. There was no breach of good faith. [101] I decline to make either of the declarations sought by the plaintiff. [102] Given the nature of the proceedings, I anticipate that costs may be able to be resolved between the parties. If they cannot, they may be the subject of an exchan...

6. LCRO 45 and 46/2014 PO v RQ and FE [pdf, 273 KB]

   ...advise him, and throughout she assured him that all was in order. He took comfort from her confidence that she effectively ran the practice at [HFE]. [100] I note, however, a significant error in Mr PO’s account of what took place, and when. [101] Mr PO said that on 1 October 2009 he saw Mr RQ and in his presence signed both the agreement and the lease. 1 October 2009 was the date that the purchase was settled and Mr PO took ownership of the business. [102] From a transactio...

7. LCRO 98/2018 and 201/2018 HK v CN (22 May 2019) [pdf, 238 KB]

   ...positions [100] Mr CN holds Mr HK responsible for the loss he suffered when the firm acted for [Mr CN] on the sale of the property. His complaint, although directed at Mr HK, concerns how the firm acted for [Mr CN] on the sale of the property. [101] Mr HK says he was “careful and diligent in his supervision of Ms EH”. He says the Committee was wrong to find he was “vicariously liable” for Ms EH’s conduct when she acted for Mr CN. He says the Committee reached that pos...

8. OIA-102050.pdf [pdf, 7.8 MB]

   ...progressed, we will consider what type of support could be provided to those having vetoes removed and funding required for it as part of the Budget process. Support is discussed further in Briefing 3 - Legal Effect and Court Processes at paragraph 101, and we hope to hear more in the second round of engagement about the types of support that should be provided throughout the adoption system. Retaining an adopted person’s birth name may support their right to identity 101. We recommend...

9. Proactive release - 2020 Cannabis Referendum [pdf, 4.2 MB]

   ...alternative way of accessing cannabis other than through a physical store, which may be preferable for people in rural and remote communities. Making cannabis products at home RE LE AS ED B Y TH E M IN IS TE R OF JU ST IC E 19 101. Government controlled and regulated production of the raw material means that cannabis-infused products could be permitted to be produced at home to provide people with access to alternative consumption methods. However, cannabis resin...

10. [2021] NZACC 33 - McSherry v ACC (10 February 2021) [pdf, 241 KB]

    ...these levels were degenerative and not caused by any accident event. [100] Mr Hunt submits that as time wore on the changes to the appellant’s lumbar spine became more widespread but without intervening accident events to account for it. [101] Mr Hunt submits that there is no medical evidence to show that the appellant suffered a disc herniation caused by the 1999 accident event. He submits the 4 McSherry v Accident Compensation Corporation [2010] NZACC 96. evidenc...