Search Results

1. Carter v Tulip Holdings Ltd [pdf, 180 KB]

   ...such permit or building consent was obtained for those works and they were completed in compliance with that permit or consent, and where appropriate, a code compliance certificate was issued for those works. [73] The decision of the Court of Appeal in Riddell v Porteous [1999] 1 NZLR 1 is authority in New Zealand that a vendor will be liable to a purchaser CLAIM NO.00692 – CARTER DETERMINATION.doc 23 for a breach of warranty that building work done or caused or permitted...

2. [2017] NZEmpC 71 Stormont v Peddle Thorp Aitken Ltd [pdf, 497 KB]

   ...company’s argument to be that cl 5 effectively had no application because it had formed a view that there were no available positions which might have suited Ms Stormont. [77] It is convenient to begin with basic principle. As the Court of Appeal stated in AFFCO NZ Ltd v NZMW & Related Trades Union Inc:19 Contracts of employment are subject to the same rules of interpretation as apply to all contracts. The express terms are the central focus of an interpretative assessme...

3. Director of Human Rights Proceedings v New Zealand Institute of Chartered Accountants [2015] NZHRRT 54 [pdf, 182 KB]

   ...The duty under subsection (1) includes— (a) maintaining, complying with, monitoring compliance with, and enforcing the rules referred to in section 6(1)(f) to (ja) (which relate to the investigation and hearing of complaints and other matters, appeals, disciplinary matters, and the recognition of auditors); and http://www.legislation.govt.nz/act/public/1996/0039/latest/link.aspx?id=DLM391405#DLM391405� 8 (b) maintaining, monitoring members’ compliance with, and enforcing pr...

4. [2015] NZEmpC 181 Allied Investments Ltd v Guise [pdf, 167 KB]

   ...relation to another incident. Constructive dismissal [41] The legal principles relating to constructive dismissal are well established and were not in dispute. In Auckland Etc Shop Employees Etc IUOW v Woolworths (NZ) Limited, the Court of Appeal stated that constructive dismissal included, but was not limited to, cases where: 2 a) An employer gives the employee the choice of resignation or dismissal; b) An employer follows a course of conduct with the “deliberate and...

5. LA Provider Manual Part 1 Approvals - December 2018 [pdf, 1.1 MB]

   ...lawyer Clause 7 Police Detention Legal Assistance Clause 8 Civil Clause 9 Family Clause 10 Māori Land/Māori Appellate Courts Clause 11 Waitangi Tribunal Clause 12 Mental Health Clause 13 Refugees and Protected Persons Clause 14 Court of Appeal and Supreme Court Application requirements Introduction This section lists the application requirements for each provider type. Required materials The table below lists the required materials for each of the provider types. P...

6. [2016] NZEmpC 54 H v A Ltd [pdf, 250 KB]

   ...of the five persons alluded to in para [2] of this decision – later I shall adopt letters of the alphabet when referring to each of them, so as to preserve their anonymity. [8] A further procedural issue is that on 26 March 2015 the Court of Appeal granted A Ltd leave to appeal the first judgment. 4 Counsel advised that the hearing of the appeal will take place on 15 June 2016. No application for stay of the orders of this Court, in particular the order of reinstatement, has...

7. 2013 Ministry of Justice Annual Report [pdf, 2.6 MB]

   ...(BPS) Action Plan and is on track to achieve its BPS targets. Crime is at a 33‑year low. 3,440 staff supporting 82 COuRTS & MORe ThAN 650 JuDgeS & JuDiCiAl OFFiCeRS 2 3 court statistics suPreme court 100 CRIMINAL AND CIVIL APPLICATIONS FOR LEAVE TO APPEAL DISPOSED 20 CRIMINAL AND CIVIL APPEALS DISPOSED court oF aPPeaL 700 CRIMINAL AND CIVIL APPEALS DISPOSED high court 200 juRy TRIALS DISPOSED 2,600 CASES DISPOSED District courts 3,300 CRIMINAL juRy CASES DISPOS...

8. Gray v Tulip Holdings Ltd [pdf, 176 KB]

   ...such permit or building consent was obtained for those works and they were completed in compliance with that permit or consent, and where appropriate, a code compliance certificate was issued for those works. [65] The decision of the Court of Appeal in Riddell v Porteous [1999] 1 NZLR 1 is authority in New Zealand that a vendor will be liable to a purchaser for a breach of warranty that building work done or caused or permitted to be done by the vendor, complies with the Buildi...

9. LCRO 28/2021 RW v BD and Law Firm A (3 May 2022) [pdf, 330 KB]

   ...advice from a separate law firm independent of Mr BD and [Law Firm A] regarding the division of relationship property, that the credibility and lack of enforceability of both agreements was identified”.23 19 At [31]. 20 Mr RW, Notice of Appeal to LCRO (8 March 2021) at [1.1]. 21 At [2.2]. 22 At [2.3]. 23 At [2.5]. 10 No documentary evidence [42] Mr RW draws attention to the fact that there was “never any formal recordings in the form of a draft letter or no...

10. [2022] NZEmpC 192 E Tū Inc v Rasier Operations BV [pdf, 483 KB]

    ...independent contractors, it is likely that the gateway will become increasingly narrowed over time. If the definition, properly interpreted, has a broader purpose, the gateway will likely admit a more diverse range of workers. [7] As the Court of Appeal has stated in the context of interpreting relationship property legislation:18 Although the Act operates upon "property" as a subject-matter the law it lays down is not a part of the law of property in any traditional sense. Ins...