Search Results

1. [2021] NZEmpC 79 McKay v Wanaka Pharmacy Ltd [pdf, 227 KB]

   ...of the amount the defendants say is due, despite Mr Heath, in his affidavit, stating that the defendants could have made an initial payment of $5,000 last month, and a further $5,000 this month. Nothing has been paid to date. The law [19] The power to impose a sanction is set out in s 140(6) of the Act: (6) Where any person fails to comply with a compliance order made under section 139, or where the court, on an application under section 138(6), is satisfied that any...

2. [2020] NZEnvC 215 Awatarariki Residents Incorporated v Bay of Plenty Regional Council [pdf, 2.2 MB]

   ...clearly an integral component of the approach to managing the natural hazard at Matata. The Appeal [15] The appeal by the Awatarariki residents is against both Plan Changes. Among the reasons for the appeal, as lodged, were: a) A challenge to the lawfulness of the Plan Changes, including that there is no jurisdiction to remove existing use rights in this way; b) That the plan changes are contrary to Part 2 ands 85 of the RMA; c) That the plan changes are an abuse of public power...

3. Te Manutukutuku Issue 15 [pdf, 3.1 MB]

   ...negotiate an arrangement with claimants. On the subject of selling land outside the state enter­ prises protective arrangement, the Tribunal says there is a time-honoured principle with general application at issue. 'It is a fraud by any fair law to so dispose of assets as to defeat a creditor's right of recovery.' Because the Sylvia Park sale is now complete, the Tri­ bunal has recommended to the Crown that the proceeds of the sale be held until claims for that partic...

4. Baker TRI-2023-100-006 Procedural Order 4 [pdf, 185 KB]

   ...circumstances where the claims asserted against them are tenable, but weak. Often in litigation claims which appear weak at an early stage may gain momentum at trial, whereas other claims which appeared strong at the outset are later revealed to be fatally flawed. [45] It is necessary to be cautious when approaching applications under s 112 in order to prevent injustice to claimants who may in fact have a good claim once all the evidence is before the Tribunal, including thorough cr...

5. MZ v X Ltd [2023] NZDT 511 (16 October 2023) [pdf, 213 KB]

   ...specifically disagree with this submission. What is required to comply with the CGA or the FTA might well change over time. Other cultures are entitled to have their traditions noted, and, where such traditions are sufficiently prevalent or known, for the law to adapt to require new standards of reasonable care and skill over time. It is reasonably well known that several cultures reverse the “last name, first name” as traditionally used in New Zealand. 13. To summarise, then, X Lt...

6. LCRO 197/2016 BC v RN (23 May 2017) [pdf, 99 KB]

   LCRO 197/2016 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee BETWEEN BC Applicant AND RN Respondent The names and identifying details of the parties in this decision have been changed. DECISION Introduction [1] Ms BC has applied for a review of a decision by the [Area] Standards Committee which determined her co

7. Coronial-Factsheet-Maori.pdf [pdf, 165 KB]

   ...Paetukutuku: afterasuicide.nz E whakarato ana a Births, Deaths and Marriages (BDM) i ngā tiwhikete mate. Waea koreutu: 0800 22 52 52. Īmēra: bdm.nz@dia.govt.nz Paetukutuku: govt.nz/organisations/births-deaths-and-marriages/ E whakarato ana a Community Law Centres i ngā tohutohu ture koreutu mā te hunga kei te hiahia. Paetukutuku: communitylaw.org.nz E whakaratoa ana e Sands ngā tautoko mā ngā mātua e noho pani ana i te whānau kahu, te matenga rānei o tētahi pēpi hou. Paet...

8. Guidelines for Parties to Review [pdf, 134 KB]

   General Information 1. The Legal Complaints Review Officer (LCRO) is an independent statutory officer created by section 190 of the Lawyers and Conveyancers Act 2006 (the Act). 2. The Legal Complaints Review Officer is an office of review and can only review decisions by a Lawyers Standards Committee or a Conveyancers Standards Committee on complaints that are made. 3. The purposes of the complaints and discipline system under the Act includes processing and resolving co

9. [2017] NZEmpC 47 Singh v Trustees of the Wellington Rudolf Steiner Kindergarten Trust [pdf, 104 KB]

   ...or the Court except for the purposes of enforcement. [16] If s 149 is not used, and the agreement has not been signed off by a mediator, the parties are free to reach an agreement, or accord and satisfaction, which will then fall under contract law. Assuming there is a consensus ad idem and all other elements constituting a valid contract are satisfied, the parties will be bound and the terms will be final and enforceable. The parties may also, in that event, avail themselves of...

10. Oneroa v Kerehoma - Okahukura 8M 2C 2A 2A (2019) 401 Aotea MB 35 (401 AOT 35) [pdf, 330 KB]

    ...to properly declare his previous criminal convictions at the hui. She stated this should have been 401 Aotea MB 38 disclosed during the process of the elections as it is possible that such a disclosure may have altered the outcome. The Law [15] Section 222 of Te Ture Whenua Māori Act 1993 states: 222 Appointment of trustees (1) Subject to subsections (2) and (3), the court may appoint as trustee of any trust constituted under this Part— (a) an individual; or...