Search Results

1. Kavyu-Munalula v Standing [2012] NZIACDT 45 (24 August 2012) [pdf, 103 KB]

   ...cancelled (Mr Standing has not explained the respective roles of Golden Sands and this company). [24.4] Mr Standing was required to maintain client records for seven years, and be in a position to make them available. The Code has the force of law (see sections 37–39 and 44 of the Act). It is implausible that any responsible liquidator would impede Mr Standing from obtaining a copy of his client record to respond to a complaint, given the legal duties on Mr Standing. [24.5] The T...

2. Gwizo v Attorney-General (Strike-Out Application) [2021] NZHRRT 20 [pdf, 170 KB]

   ...claim has come about as a result of a failure to abide by the Treaty Principles.” [8] On 11 October 2018 the first case management teleconference for this proceeding was held. At the teleconference: [8.1] It was explained to Mr Gwizo why in law the Attorney-General (on behalf of MBIE) was the proper defendant and that the claim could not proceed if he maintained the current defendants. [8.2] It was also explained to him why the Tribunal had no jurisdiction to deal with Treaty of...

3. [2010] NZEMPC 137 NZ Amalgamated Engineering Printing and Manufacturing Union v Steelfort Engineering Co Ltd [pdf, 40 KB]

   ...New Zealand from Yugoslavia. His son, John McOviney, is currently the Managing Director of the company. The company manufactures a variety of stainless steel products for the national and international markets as well as a particular range of lawnmowers. It also assembles utility vehicles of the type often seen being used in parks and garden areas for the cartage of tools and lawn care equipment. [5] At the time of the collective agreement negotiations, the defendant employed

4. [2013] NZEmpC 202 Hallwright v Forsyth Barr Ltd [pdf, 236 KB]

   ...that he posed, and Mr Hallwright’s wish to extricate himself from the situation before it escalated further. It was submitted that Forsyth Barr should not proceed until after sentencing had occurred. Mr Davison QC, Mr Hallwright’s criminal lawyer, indicated on the plaintiff’s behalf that a discharge without conviction was a possible sentencing outcome. He said that it was important to focus on the conduct and the degree of recklessness involved, pointing out that recklessne...

5. Angell - Part Nukuroa 2A3C2 and Lot 2 DP37299 (2019) 198 Taitokerau MB 231 (198 TTK 231) [pdf, 447 KB]

   ...Taitokerau MB 116-165 20 February 2019, 187 Taitokerau MB 283-292 (Heard at Whangārei) Appearances: Mr C Hockly for S Angell Judgment: 22 August 2019 JUDGMENT OF JUDGE M P ARMSTRONG Copies to: C Hockly, Bennion Law, P O Box 25433, Wellington cameron@bennion.co.nz mailto:cameron@bennion.co.nz 198 Taitokerau MB 232 Introduction [1] Part Nukuroa 2A3C2 and Lot 2 DP 37299 are adjoining blocks of Māori freehold land located in Oruawharo. Three...

6. Deputy Registrar - Estate of Joseph Smith I [2017] Chief Judge's MB 1 (2017 CJ 1) [pdf, 246 KB]

   ...papers and in terms of the Report and Recommendation. 2017 Chief Judge’s MB 9 [9] The Chief Judge’s jurisdiction as set out in s 44/93 requires the Chief Judge to be satisfied that the order complained of is erroneous in part or in law because of an error of the Court or the Registrar or in the presentation of facts of the case to the Court or Registrar. [10] The error made in this case is clear in that the deceased left 7 children who in the absence of a Will or famil...

7. [2017] NZEmpC 26 Tulloch v Hays Specialist Recruitment Australia Pty Ltd [pdf, 96 KB]

   ...(being evidence which is otherwise discoverable or admissible and which existed independently of the mediation process) merely because the evidence was presented in the course of the provision of mediation services; or … [25] Turning to case law which has considered the section, Chief Judge Colgan summarised the principles to be distilled from the Employment Court and Court of Appeal decisions of Jesudhass, 5 and the later decision of Te Ao v Chief Executive of the De...

8. CAC304 v Drever [2016] NZREADT 27 [pdf, 163 KB]

   ...DREVER MEMBERS OF TRIBUNAL Ms K Davenport QC – Chairperson Ms N Dangen – Member Mr G Denley – Member HEARD at AUCKLAND by telephone conference on 19 February 2016 DATE OF DECISION 8 April 2016 APPEARANCES (by telephone) Ms K Lawson-Bradshaw for the Committee Mr G Foley for the defendant DECISION OF THE TRIBUNAL [1] Mr Drever faces a charge laid on 15 January 2015. He faces one charge of misconduct with particulars relating to three separate complainants...

9. X Ltd v K Ltd [2019] NZDT 1339 (19 December 2019) [pdf, 252 KB]

   ...full recall of the product etc. It would be a total shit-storm (for want of a better word). We have had to reject the labels and will return these to you…. 8. I find that K Ltd had a duty of care under the contract that would be implied by law to manufacture the product in such a manner that did not cause unnecessary loss to X Ltd. This duty was a contractual, rather than a statutory one, as the Consumer Guarantees Act 1993 was lawfully and expressly excluded and did not apply....

10. Seymour v Paenoa Te Akau Trust - Paenoa Te Akau (Balance) Block (2016) 139 Waiariki MB 113 (139 WAR 113) [pdf, 214 KB]

    ...the hearing and advised that she no longer opposed the application as the access issues had been resolved. In the absence of any further objections and after expressing a preliminary view I adjourned the case for a written decision to issue. The Law [14] The approach of this Court to partition applications is set out in the Māori Appellate Court decisions Hammond – Whangawehi 1B3H1 7 and Whaanga v Niania – Anewa block. 8 In Hammond three essential prerequisites were ident...