Search Results

1. [2012] NZEmpC 188 ABC01 Ltd (formerly Primary Heart Care Ltd) v Dell [pdf, 91 KB]

   ...work permit, and although this may have constituted an immigration offence, it would not necessarily have negated any employment contract obligations that the company may have owed to him for work performed for it, even if in breach of immigration law. [9] These things can only be established after a full hearing of Mr Dell’s claims on their merits with active participation of both parties. These assertions by the company are, at best, premature. [10] I have determined that t...

2. [2024] NZREADT 09 – WQ v REAA & NN (2 April 2024) [pdf, 152 KB]

   ...moisture readings were normal and no further investigation was required. 5 6 Standards of professional conduct … 6.4 A licensee must not mislead a customer or client, nor provide false information, nor withhold information that should by law or in fairness be provided to a customer or client. 10 Client and customer care for sellers’ agents … Disclosure of defects 10.7 A licensee is not required to discover hidden or underlying defects in land but must disclose know...

3. Ron Lunken Family Trust v Haywood Construction Limited [2011] NZWHT Auckland 66 [pdf, 95 KB]

   ...project manager. A developer owes a non-delegable duty of care whereas to be found liable as project manager, Mr de Geest must have carried out or supervised building work which was defective and caused weathertightness defects. RELEVANT LAW [13] A person who manages construction owes the same duty as any other contractor or sub-contractor whose role is capable of affecting the quality of the construction. However whether any liability arises requires an enquiry into...

4. [2011] NZEmpC 17 Clarke v AFFCO NZ Ltd [pdf, 108 KB]

   ...at an early morning drug check point at the entry to AFFCO’s Horotiu meatworks near Hamilton where he was an employee. There is no suggestion that Mr Clarke was involved with unlawful drugs and this judgment does not address questions of the lawfulness of drug searches of employees entering workplaces. [2] The relevant facts are as follows. Mr Clarke, a slaughterman at the Horotiu plant for the previous 3 seasons (but on and off also for almost the past 40 years), arrived at...

5. Evaluation of Parenting Hearings programme pilot [pdf, 1.1 MB]

   ...180 Wellington 6140 New Zealand www.justice.govt.nz ISBN 978-0478-29070-5 2009 © Crown Copyright The Parenting Hearings Programme Pilot: Evaluation Report 3 Acknowledgements Trish Knaggs and Anne Harland wish to thank the judges, lawyers, parents, court staff, report writers and community representatives who participated in this evaluation. Without your contribution this evaluation would not have been possible. We would also like to thank: • The members of the Par...

6. COVID-19 Justice Sector Survey - Report 6 for the period 19 to 25 May 2020 [pdf, 923 KB]

   ...what, if anything, the criminal justice system could be doing better at this time. These questions were than grouped to reflex the most popular topics. The most frequent response is still “Enforce the COVID-19 rules / greater consequences for law breakers. However, proportion of respondents supporting these measures reduced to 28%, down 32 percentage points since late April (Level 4 response). A growing proportion of respondents (24%) vote for more resources, better practices and...

7. BO v XTT [2012] NZIACDT 31 (28 June 2012) [pdf, 92 KB]

   ...not lodged the expression of interest. [15] It appears Mr BO’s grounds of complaint are that: [15.1] Mr XTT failed to warn him he could not work for an employer other than the one identified in his work permit, which led him to commencing work unlawfully for a new employer. 3 [15.2] Mr XTT failed to lodge, within a reasonable time, both: [15.2.1] the expression of interest, and [15.2.2] the application for variation of his work permit. [15.3] Mr XTT would not use...

8. Marshall - Otukou Papakāinga Trust (2021) 437 Aotea MB 116 (437 AOT 116) [pdf, 246 KB]

   ...be held and that the results of the last meeting must be set aside. She also made a number of claims concerning the status of Mr Wanikau that need not encumber this judgment as they are irrelevant to the present application. Te Ture The Law [15] Section 222 of Te Ture Whenua Māori Act 1993 states: 222 Appointment of trustees (1) Subject to subsections (2) and (3) of this section, the Court may appoint as trustee of any trust constituted under this Part of this Act— (...

9. [2019] NZEnvC 080 Cossens v Queenstown Lakes District Council [pdf, 2.1 MB]

   ...party31; (b) Options A and B were presented as part of evidence-in-chief and discussed by other experts, both options were in play "well before the court hearing"32; (c) on the matter of openness Ms Mellsop was unmoved by her peers, case law or the court's own finding that she was incorrect on how she saw open pastoral character in the context of an Arcadian landscape"; (d) the Council seemingly will not accept openness in a visua l amenity landscape/rural char...

10. People charged and convicted of breach of COVID-19 restrictions offences June 2020 [xlsx, 84 KB]

    ...each year. In some instances, ethnicity information is not recorded by Police, such as when the process for charging people involves a summons. Ethnicity information is also not recorded when a charge is prosecuted by an agency other than Police, Crown Law or Corrections (e.g. Inland Revenue, Ministry of Social Development, and Ministry of Primary Industries). Age is the person's age at the offence date of their most serious offence each year. A small number of records in the Ministry of J...