Search Results

1. [2018] NZEmpC 9 Lyttelton Port Co Ltd v Arthurs [pdf, 297 KB]

   ...another stevedoring company at the port since 1992. He comes from a family of waterside workers, his father worked for LPC, and his brother, Glen Arthurs, is currently employed by LPC. Mr Arthurs’ parents and brother have been very supportive and protective of him throughout this difficult period; much of the relevant correspondence has been sent from the “Arthurs whanau”. That correspondence has been prepared in consultation with Mr Arthurs, and with his agreement, but sen...

2. LCRO 36/2020 SW v LN (4 October 2021) [pdf, 172 KB]

   ...SW’s foundational belief also drives the instructions that he has given Mr LN. When a contrary view was expressed about the wisdom of those instructions, this too was interpreted by Mr SW as evidence of Mr LN abrogating his duty to promote and protect his interests and to, once again, facilitate the mother’s interests.13 13 The following illustrates the broad reach of Mr SW's allegations of serious wrongdoing by others who have dealt with him. As part of the complaint mate...

3. Waitangi Tribunal - issue 47 of Te Manutukutuku [pdf, 1.1 MB]

   ...claimants. As more and more small claims are registered in each district, time spent on research increases. Districts will take longer and longer to get ready if claims are going to be sub- mitted about every small block. Claimants need to think very care- fully about whether a larger claim can be made to include them to the proper degree, and whether their grievances can be heard through more general research. If there are whänau blocks that involve strong feelings, perhaps the...

4. Tawa v Tuaropaki E Trust - Tuaropaki E [2022] Māori Appellate Court MB 377 (2022 APPEAL 377) [pdf, 326 KB]

   ...CP252/97, 5 May 1998. 9 At [13]. 10 At [18]. 11 At [19]. 2022 Māori Appellate Court MB 384 owners. Are those assets being administered in the best interest of the beneficiaries? Is the trust fulfilling its purpose as an Ahu Whenua (care of the land) trust, as that purpose appears from the statute… [29] The Court of Appeal also offered the following guidance which has been followed in a number of cases: 12 In carrying out a general review of this kind the Court ought t...

5. Varela v Devi [2014] NZIACDT 30 (19 March 2014) [pdf, 163 KB]

   ...that is expected is a 6 matter a licensed immigration adviser must impress upon clients. A form that looks to be in order may well contain inaccurate information, and have irreparable consequences for a client. It is an obligation of care and professionalism to ensure a client understands these obligations and consequences (Clause 1.1) [34] The complainant has provided a coherent account; he provided the records he had to support his account of his dealings with the adviser...

6. Tareha v Pene - Waiohiki 1C1D (2020) 83 Takitimu MB 294 (83 TKT 294) [pdf, 258 KB]

   ...outlined several issues concerning tax liability. This too was the responsibility of Mr Pene. That the trust or the owners may now have incurred a liability that should have been dealt with previously is also inconsistent with Mr Pene’s duty to protect the assets of the trust. Me peia te kaitiaki mo tāna hē? - Ngā kōrero a te Kaitono Should the current trustee be removed for cause? – Applicant’s submissions [38] Mr Tareha submitted that Mr Pene needed to be held to account...

7. [2018] NZEmpC 85 Kaikorai Service Centre Ltd v First Union Inc [pdf, 407 KB]

   ...submitted that the issue was whether the plaintiff had a duty to bargain about wages in order to act in good faith. He relied on s 3(a)(ii), (iii) and (iv) of the Act as a clear indication that it recognises the inequality of bargaining power and to protect the integrity of individual choice so that evidence touching on that choice is relevant. [16] Specifically, he relied on s 32(3)(d) of the Act describing good faith behaviour in collective bargaining, as including within relevan...

8. 17.-Evidence-of-Mr-Nick-Keenan-Stormwater-Management-Design.PDF [PDF, 432 KB]

   ...particular accident / emergency are unknown. The performance of these measures is dependent upon timing, equipment and materials, action and training, and priorities in an emergency. Overall, the Project gives the environment a high level of protection against spill incidents. Floating Litter – Design Details 37. A fourth concern raised by Ms Bennett was the absence of design details to capture and hold floating litter such as plastic. Contaminants, like plastic, which float...

9. Puohotaua v Cribb (2019) 402 Aotea MB 230 (402 AOT 230) [pdf, 399 KB]

   ...and the Act when allowing others to use or occupy the land. As set out above, cl 3(xi) gives the power to determine who can occupy land to the trustees. [31] That said, trustees are bound by the duties of that role. They must take sufficient care of trust assets and they cannot be seen to favour certain beneficiaries unduly over others; any decision they make in favour of one beneficiary must take into account the effects on other beneficiaries. In the present case the trustees we...

10. Gilvray v Rungarunga - Succession to Tamati Rungarunga [2023] Chief Judge's MB 551 (2023 CJ 551) [pdf, 319 KB]

    ...whāngai of the Rungarunga whānau, testifies that he was present when his Aunty Polly told his whāngai parents that his uncle was the twins’ father. He explains that the reason the twins were never told about their biological father was to protect them. Mr Karauia also said that a lawyer was making attempts to reach out to the twins at the time of succession to Tamati Rungarunga’s estate, but he is unsure what happened on this matter. However, he says that it demonstrates th...