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1. CAC 20006 v Azimi [2014] NZREADT 69 [pdf, 120 KB]

   ...defendant that she must have known that the loan application being put to the bank by Ms Devoy was fraudulent. In an extensive response, the defendant seemed to be saying she did not know anything like that and was only trying to help her friends. [101] It was put to the defendant that she knew the Iranian family referred to above very well. She responded that is correct but she knows most Iranians in New Zealand. [102] Mr McCoubrey put it to the defendant that she had knowingly a...

2. Family violence reform paper 2: Family violence civil law [pdf, 586 KB]

   ...from filing complaints about breaches, and may contribute to a perception that breaches are not responded to consistently. I do not consider that the consequences of a proven complaint are so serious that a criminal standard of proof is required. 101. I therefore propose specifying that complaints of breach of PSOs are to be proven to the civil standard, on the balance of probabilities. This clarification will simplify the pathway to protection orders and support Police to file complain...

3. [2007] NZEmpC CC 16/07 Harris v Charter Trucks Ltd [pdf, 109 KB]

   ...heard before deciding to suspend the employee. In this case, Mr Sutherland did not give Mr Harris such an opportunity and offered no reason for his failure to do so. On procedural grounds alone, therefore, the suspension was unjustifiable. [101] Mr Sutherland nonetheless attempted to justify the suspension substantively on the grounds that the work which would otherwise have been done by Mr Harris was being done by other staff. As noted earlier, that involved other staff doing...

4. Walton v Holden [pdf, 172 KB]

   ...of its involvement on-site as a subcontractor which I quantified at $8,536.66 and I have ordered that it pay that sum to them. 1.10 As to contributions between those two remaining parties, I have apportioned these on the basis that: 1.10.1 in relation to landscaping issues and resultant damage there is 100% liability with William Ross Holden; 1.10.2 in relation to mock chimney issues and resultant damage there are the percentages of liability: 1.10.2.1 75% to Taylo...

5. [2021] NZEmpC 35 Radford v Chief of New Zealand Defence Force [pdf, 415 KB]

   ...approach to the choice of law in employment cases in New Zealand. The Supreme Court in that case found that, applying the choice of law approach to employment agreements, the Employment Relations Act could be applied on a case by case basis. [101] Ms Catran argued that the Employment Relations Act is imported into the Defence Act only for Civil Staff not for locally employed civilians. Instead, s 90A was said to empower the CDF to prescribe terms and conditions of employment for...

6. FV Reform Paper 1 Context [pdf, 554 KB]

   ...included. Police cannot apply parts of FTEs to shift patterns. Police advise this means that six sworn staff for each area will be required immediately from when the legislation comes into force to meet forecast increases in demand. Consultation 101. The following departments were consulted on this paper: Ministry of Social Development (including Child, Youth and Family, Office for Senior Citizens, Children’s Action Plan, and Office of Disability Issues); New Zealand Police; Departme...

7. [2021] NZEnvC 165 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Toanga [pdf, 554 KB]

   ...think it was a 2009 High Court decision. … Questioned about the consulting fees / engagement fees paid to either himself 67 Notes of evidence, at page 293 lines 23-25. 68 Notes of evidence, at page 293 lines 28-36 & page 294 line 1. [101] [102] [103] [104] 31 or to Poutama, Mr Gibbs could not recall the amount, other than agreeing that it was “months and months of work” and Poutama may have been paid more than $200,000.69 In an email to First Gas70 Te Ah...

8. [2007] NZEmpC AC 51A/07 Maritime Union of NZ and ors v TLNZ Ltd and anor [pdf, 158 KB]

   ...to implement unilaterally its policy and procedures, the reasonableness of these is able to be assessed by the Court. That is because they purport to give instructions to employees non-compliance with which may bring sanctions in employment. [101] Although the plaintiffs submit that there are “significant benefits” in saliva testing including, to an extent, specific to this workforce, that was not borne out, at least sufficiently, in evidence. Although I accept that many emplo...

9. Alchin and Scott TRI 2020-100-001 [2022] NZWHT AUCKLAND 01 [pdf, 374 KB]

   ...location N2, early soft rot was detected and at this location (N2), a window joinery perimeter exists above. Mr Gilling’s 27 findings confirmed water entry from this window more likely caused the timber decay at the bottom plate level. [101] I find from the evidence of Mr Gilling, Mr Bodger and Mr Angell, that insufficient ground clearance is a weathertight deficiency, it exists on this house, but it has not caused damage to the house. Mr Angell does agree with Mr Gil...

10. Family justice reforms: An initial cohort analysis [pdf, 898 KB]

    ...were also significant increases in parents’ satisfaction with childcare arrangements, in knowledge of issues related to separation and an increase in parents and children’s adjustment in relation to separation.’(Robertson & Pryor, 2009 p.101) Family Legal Advice Service Family Legal Advice Service (FLAS) was made available for people who qualify to provide: • information about legal responsibilities and options involved in parenting arrangements • help filling i...