Search Results

1. [2022] NZEmpC 1 GF v OO [pdf, 193 KB]

   ...having regard to the particular circumstances. More generally, I consider it to be in the interests of public sector organisations such as the respondent that cases involving COVID-19 and the intersection of employment rights and obligations be permitted to come before the Court without unnecessary impediment, to enable a degree of clarity to be given to impacted, or potentially impacted, workers; and affected, or potentially affected, employers.14 That comes at a cost but it is a...

2. [2023] NZEmpC 45 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 281 KB]

   ...to call evidence to prove assertions in the statement of defence; that evidence can be rebutted by the witnesses for Associate Professor Wiles and/or tested by cross-examination. The amendment sought to include the new paragraphs 29–33 is not permitted. 2 Employment Court Regulations 2000, reg 11(1). [16] The reason for the amendments to change the documents being referred to is that Associate Professor Wiles learnt, after filing the previous statement of claim,...

3. Auckland Standards Committee 5 v Hong [2020] NZLCDT 5 [pdf, 265 KB]

   ...person where there is a conflict of interest between the practitioner on the one hand, and an existing or prospective client on the other hand. Commentary (1) The rule is based on the premise that a person who occupies a position of trust must not permit his or her personal interests to conflict with the interests of those whom it is that person's duty to protect. (2) The rule is intended to protect a client in situations where the interest or position of the practitioner would...

4. Justice-Factsheet-for-claimant-funding-for-Tuapapa-Stage.pdf [pdf, 288 KB]

   ...• Accommodation Flights: If there are no available seats on flights, we will let you know and you may wish to think about a different form of travel. Driving: We can make rental car bookings if the driver has a full license and is legally permitted to drive. The Ministry will not be liable for the costs of any damage caused or fines incurred during travel, including costs of any damage or fines involving use of rental cars. Taxi/Shuttles: We can also provide taxi chits and p...

5. [2016] NZSSAA 042 (16 May 2016) [pdf, 38 KB]

   ...traveller; (b) Voluntary presence; (c) Some intention to remain in the country for a settled purpose; (d) Continuing residence despite any temporary absences; and (e) Residence in New Zealand rather than anywhere else. The Act is not one which permits residence in two countries simultaneously.” 5 [17] When consideration is given to these elements it is plain that Ms XXXX during the period she was in the United States for many years undergoing medical treatment from ti...

6. CAC20002 v Chand [2015] NZREADT 60 [pdf, 108 KB]

   ...transparency. Prospective purchasers are entitled to be aware of the identity of those they are dealing with. Are they dealing with the owner or someone related to the owner or is this a normal, commercial arm’s length transaction? Such disclosure permits the prospective purchaser to assess the weight to be given to representations made by the salesperson. It assists the prospective purchaser in making an informed decision as to the way they conduct themselves in negotiations.”...

7. A v X LCRO 2 / 2008 (20 February 2009) - Penalty and Costs [pdf, 21 KB]

   ...that the claim for payment was maintained throughout, and that he attempted to administer the will knowing that it was invalid suggests that his motives were not entirely altruistic. I note also that because Lawyer X witnessed the will the clause permitting him to charge for his services would have been ineffective: s 13 of the Wills Act 2007. I am not persuaded that Lawyer X was aware of this. Niether am I persuaded that he did not intend to charge for his services in administering t...

8. LU v LBI [2024] NZDT 119 (2 April 2024) [pdf, 203 KB]

   1 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 119 APPLICANT LU RESPONDENT LBI The Tribunal orders: LBI is to pay $31,431.93 to LU on or before Friday 26 April 2024. Reasons: 1. In 2021 LU was 21 years of age and was in her final year completing a master’s degree. She was employed by [University 1] as a part time researcher and LBI was her manager. LBI left the University later that year to set up

9. 2020-12-02 Minute Final Timetable and Expert Conferencing Directions [pdf, 138 KB]

   ...It is ORC’s view that Te Mana o te Wai (at least) will have a bearing on submissions seeking to amend or delete Objective 10A.1.1 and Policies 10A.2.2 and 10A.2.3 particularly insofar as these provisions are dealing with the duration of water permits. Parties will need to bear this in mind. Cross-examination [14] The proposed directions as to cross-examination are confirmed. 2 See Minute - Timetable Directions and Expert Conferencing for PC 7 dated 2 November 2020 at [15]-...

10. Ref: LCRO 99/2019 SQ v LP (27 October 2020) [pdf, 235 KB]

    ...national importance under the Resource Management Act 1991 (the RMA). [3] The events, described in some detail by Mr SQ in both his complaint and his application for review, began on 30 March 2001 when Mr SQ obtained a sustainable forest management permit (SFMP), under section 67F of the Forests Act 1949, to log trees on the property, the value of which Mr SQ estimates at $750,000. 2 [4] Six months later on 26 September 2001, Mr SQ was granted a resource (land use) consent...