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1. Herewini - Te Tii Mangonui A3 (2019) 192 Taitokerau MB 170 (192 TTK 170) [pdf, 282 KB]

   ...and obtain the age of 20 years and if more than one as tenants in common in equal shares to the intent that the net annual income therefrom shall be accumulated by my Trustees for the maintenance and upkeep of the whānau home and as well to permit the income generated by my residuary estate to be applied in giving financial support to any of my children living in Australia when and if the need for them to travel to New Zealand arises. My trustees shall be entitled to encroach up...

2. Example Indicative Site Visit Health and Safety Plan-Site Access Provider [pdf, 290 KB]

   ...15 PCBU/pilot/skipper/driver/event organizer ahead of the site visit. • PCBU/pilot/skipper/driver is to conduct a head count against the manifest before leaving for the site visit and before departing the site. and visibility conditions permit, to collect the participant. ➢ PCBU/guide to call 111 for assistance if required. ➢ Complete incident report. Page 15 of 15 EMERGENCY RESPONSE (with chain of command) For a major event: • Guide (as able to)...

3. Reekie v Roberts [2013] NZHRRT 7 [pdf, 100 KB]

   ...following remedies: (a) a declaration that the action of the defendant is an interference with the privacy of an individual: (b) an order restraining the defendant from continuing or repeating the interference, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the interference, or conduct of any similar kind specified in the order: (c) damages in accordance with section 88: (d) an order that the defendant perform any acts spe...

4. [2020] NZEmpC 26 Gibson-Smith v Ministry of Business, Innovation and Employment [pdf, 223 KB]

   ...expense and delay; and ... [22] In its review of the Evidence Code which led to the enactment of the EA, the Law Commission said that in most civil proceedings, and barring any irremediable unfairness to other parties, a Judge “is likely to permit a party to call further evidence” under s 98(2).2 1 Lindsay v Noble Investments Ltd [2014] NZHC 799 at [126]. 2 Law Commission, Evidence: Evidence Code and Commentary (NZLC R55 Vol 2...

5. Keenan – The Estate of Patricia June Graham (2015) 45 Takitimu MB 212 (45 TKT 212) [pdf, 267 KB]

   ...granted in the particular circumstances. Discussion [15] The relevant orders for succession to Patricia Graham were issued on 3 February 2015. The application for rehearing was filed on 17 September 2015, which is well outside the 28 day period permitted under s43 of the Act. The question then becomes whether the application could have reasonably be made sooner. [16] Ms Keenan pointed to the fact that she and her siblings had not received notice of the hearing where the successi...

6. Financial Sector (Climate-related Disclosures and other matters) Amendment Bill [pdf, 203 KB]

   ...scheme that are relevant to the assurance process. New section 461V also requires a reporting entity to make its CRD records available for inspection at all reasonable times to the Financial Markets Authority or to any other persons authorised or permitted by an enactment to inspect the CRD records of the climate reporting entity or scheme. 15. Additionally, cl 41 of the Bill amends s 34 of the Public Audit Act 2001 to grant to a CRD assurance practitioner some of the powers granted to...

7. [2013] NZEmpC 79 Auckland Council v George [pdf, 117 KB]

   ...for relevant documents has been undertaken by AC and it has not been established that the exercise was undertaken on any false or mistaken basis. What Ms George wishes to undertake is a fishing expedition and the authorities in this area do not permit that approach. [26] With the exception of the purchase orders and account numbers and the newly requested BNZ documents, which counsel have agreed will be dealt with between them, Ms George has failed to establish that there are groun...

8. [2017] NZEmpC 33 NZ Meat Workers and Related Trades Union Inc and Anor v AFFCO NZ Ltd [pdf, 208 KB]

   ...[5] This issue was resolved in a judgment which I delivered on 11 February 2016 (the February judgment). 3 I recorded that the affected second plaintiffs had been offered re-employment, but as a group on the night shift. Whether this was permitted required a consideration of the relevant provisions of the applicable expired collective agreement (based-on iea). 4 I found that re-employment of those persons as a group on the night shift as offered by AFFCO would not without thei...

9. Kozlov v The Real Estate Agents Authority CAC (416) NZREADT 21 [pdf, 184 KB]

   ...the Committee that she entered the property on 16 March 2017. [20] Ms Harkess submitted that leave should not be given for the Police letter to be received in evidence. She submitted that it does not prove or disprove whether Ms Hall was permitted to enter the property on 16 March 2017. She also submitted that the Police letter was available to Mr Kozlov at the time of the Committee’s investigation of his complaint, and he could have provided it before the Authority inves...

10. Brown v The Real Estate Agents Authority (CAC 413) and Slicker [2018] NZREADT 68 [pdf, 174 KB]

    ...third party who had an acquaintance whose daughter was allegedly told by Mr Slicker that he could not show her the property because there was “a difficult tenant and dogs”. The Committee accepted Mr Slicker’s evidence that he had not been permitted to show interested parties through the property. The Committee found that, looked at objectively, there was no evidence to substantiate Ms Brown’s assertion that Mr Slicker had fobbed off potential purchasers. [8] The Committee...