Search Results

1. [2019] NZEmpC 192 Johnson v Chief of the New Zealand Defence Force [pdf, 394 KB]

   ...allows an employee to bring a personal grievance if the employee’s employment, or one or more conditions thereof, is, or are, affected to the employee’s disadvantage by some unjustifiable action by the employer. [73] In 1989, the Court of Appeal was required to consider in Alliance Freezing Company (Southland) Ltd v New Zealand Engineering Workers etc Union whether the action involved had caused some material or financial loss.2 That court held that such a restriction was not...

2. Bacic v Tulip Holdings Limited (in liq) [pdf, 110 KB]

   ...Ultimately, a judicial value judgement is required to determine whether a factual finding of a nexus between act or omission and loss translates into a legal responsibility for a defendant to compensate a plaintiff. In Johnson v Watson,8 the Court of Appeal held that a causal nexus was required between substantial and material cause and the loss suffered: see also Price Waterhouse v Kwan,9 In that context, ‘substantial’ means more than trivial or de minimis. ‘Material’ mean...

3. Contract-for-services.pdf [pdf, 475 KB]

   ...of the Act) 3.10.3. that a court has made an order relating to costs under section 45 of the Act, and 3.10.4. of any matter that materially decreases the prospects of success of the aided person’s matter at first instance, or the merits of any appeal. 3.11. Sub-clause 3.10.4 does not apply to defence of criminal charges at first instance. 3.11.A The Provider must immediately notify the Commissioner a soon as they become aware of a privacy breach (as defined in clause 3.22 of this C...

4. Morehu v Māori Trustee - Tokerau A14B2 (2007) 313 Rotorua MB 256 (313 ROT 256) [pdf, 6.7 MB]

   ...Rotorua MB 271 being held on resulting trust. According to Garrow & Kelly in the case of an inter vivos trust there will be a resulting trust to the settlor, para 14.15.3 . [24] The concept of the resulting trust was considered by the COUlt of Appeal in the decision Potter v Potter [2003] 3 NZLR 145. Fisher J, at p152, confirmed that the essence of a resulting trust in that a person providing or contributing to the purchase price of propelty conveyed paltly or wholly into the na...

5. Tuson - Mangamuka West 3B2A (2018) 168 Taitokerau MB 17 (168 TTK 17) [pdf, 2.1 MB]

   ...A1) (2013) 70 Waiariki MB 272 (70 WAR 272); Māori Trustee v Forde – Section 186 Block V Longwood Survey District (2013) 17 Te Waipounamu MB 153 (71 TWP 153). 168 Taitokerau MB 36 [67] In Kingfish Lodge (1993) Ltd v Archer the Court of Appeal upheld the decision that the land in that case was not landlocked, as physical access was available by sea.28 The Court of Appeal did note however that the land could still be landlocked if its physical access failed to meet the natu...

6. Cabinet Paper Reforming the Privacy Act 1993 [pdf, 360 KB]

   ...make recommendations and has limited ability to act where wider concerns with systems or procedures are identified or where organisations are unwilling to comply. 61. There will be procedural safeguards, including natural justice, and the right to appeal to the Tribunal. There will also be statutory considerations to help ensure the compliance notice is proportionate, such as the number of people affected, any other possible means of securing compliance and the scale of investment requi...

7. NT v Parker [2019] NZIACDT 62 (4 September 2019) [pdf, 289 KB]

   ...with the immigration officer. He explained the character issue and how it would affect her future applications. Mr Parker advised that the best course would be to let Immigration New Zealand decline the application on character grounds and then appeal to the IPT. Mr Parker’s file note recorded that while the complainant might not have been eligible for residence, it was incorrect to decline residence on the ground of character.7 [58] On 14 August 2017 at 4:24 pm, Mr Parker sent t...

8. Dr Phil Ross - Evidence in Chief [pdf, 1.1 MB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANATRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF EVIDENCE OF DR PHIL ROSS ON BEHALF OF MOTITI ROHE MOANA TRUST 26th October 2017 Counsel Acting RB Enright Barrister Level 1, Stan beth House 28 Customs St East B...

9. [2019] NZEnvC 071 Eyre Community Environmental Safety Society Incorporated v Christchurch Regional Council [pdf, 16 MB]

   IBEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: IN THE MATTER AND BETWEEN AND AND Decision No. [2019] NZEnvC '1 I of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act EYRE COMMUNITY ENVIRONMENTAL SAFETY SOCIETY INCORPORATED (ENV-20 14-CHC-000057) Appellant CHRISTCHURCH REGIONAL COUNCIL and WAIMAKARIRI DISTRICT COUNCIL Respondents WAIMAKARIRI IRRIGATION LIMITED Applicant Principal Environment Judge L J Newh...

10. [2022] NZEmpC 10 Shaw v Bay of Plenty District Health Board [pdf, 376 KB]

    ...that factor into account in its s 123 assessment in a manner that conforms with “equity and good conscience”. The absence of a remedy in rare cases, notwithstanding the establishing of a personal grievance may be appropriate. The Court of Appeal reached this conclusion where there is disgraceful misconduct discovered after a dismissal. We consider that the statutory scheme allows for the same outcome in other instances where, for example, there has been outrageous or partic...