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...shortly before 6.00 am. Accordingly, there was a reasonable period of notice for those striking workers. [38] In reply, Mr Oldfield submitted that the notice referred to “a strike” and one that was “continuous”. The notice did not permit consideration of the circumstances of some employees only. [39] In Air Nelson v New Zealand Airline Pilots’ Assoc IUOW Inc, a full Court said this:9 8 Service and Food Workers Union...
...advertising photos, his instructions were not followed. Essentially, the complainant wanted the word ‘Auction’ to be placed prominently in red across the photo. The complainant feels that the reason given for this (that Bayleys’ policies did not permit it) was insufficient. 1.5 Suggestion that the property was worth $200,000 less than the appraised value: The complainant states that, on the basis of only one viewer comment, Spillers stated that the property was worth about $...
...context, it is concerning that, if Ms Johns is to be believed, some of the trustees considered it was appropriate to bypass the conflicts of interest clause in the marae charter. [39] The rule is a simple one. A trustee, being a fiduciary, is not permitted to participate or be present in any discussion of a contract that will affect that trustee, or anyone connected with them in the first degree, being their spouse, parent, grandparent, child, grandchild or iramutu. It is one of...
...land or the whole interest, not an undivided interest. In other words, the Act provides greater flexibility for the alienation of a whole block compared with undivided interests, by giving the preferred class a right of first refusal but then permitting alienation outside of the class of the whole block. With undivided interests, alienation is restricted to the preferred class. [29] Then in Loach v Bidois - Matarikoriko No 7B2A the applicant sought to alienate 0.5 shares in Matarik...
...following the accident. [5] In 2009, some 21 years after the review decision is assumed to have been made, Mr Wood mounted this application seeking leave to appeal. The essential issue for me is whether it is in the interests of justice to permit a late appeal, given this history of the ERC claim. BACKGROUND [6] The following narrative has been compiled from the documents made available to me by the parties. Those documents are necessarily incomplete, as the Corporation d...
...effectively with the matter before it, whether or not it would be admissible in a court of law. (2) The Tribunal may take evidence on oath, and for that purpose any member or officer of the Tribunal may administer an oath. (3) The Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Tribunal thinks fit, verifying it by oath. (4) Subject to subsections (1) to (3), the Evidence Act 2006 shall apply to the Tribunal...
...principle 11 (Principle 11) which stipulates that an agency that holds personal information “shall not disclose the information to a person or body or agency unless the agency believes, on reasonable grounds” that disclosure of the information is permitted by one or more of the nine grounds enumerated in Principle 11. Chester Burt Funeral Home Ltd acknowledges that it has breached Principle 11. The issue in these proceedings is the nature of the remedy to be granted to Mr Hale. 2...
...compensation; (j) the threats were unnecessary for the protection or promotion of [Company A]’s interests and their omission would not have detracted from Mr LS’ argument; and (k) If allowed to stand, the decision set “a dangerous precedent which permits a lawyer expressly or impliedly to represent that a lay claimant has committed, or may commit, blackmail based solely on the lawyer’s 7 own perception of a lack of merit in the proposed claim and for the purpose of d...
...2013 DECISION OF TRIBUNAL [1] These proceedings under s 50 of the Health and Disability Commissioner Act 1994 (HDC Act) were filed on 1 May 2013 and the statement of reply was received on 28 June 2013. This was outside the thirty days permitted by Regulation 15 of the Human Rights Review Tribunal Regulations 2002 but there being no opposition from the Director we grant leave pursuant to Regulation 15(3) for the statement of reply to be filed out of time. [2] The plai...
...that the new measures outlined below will help achieve this: • New Policy 7.D.10 which prioritises avoiding discharges or, where this is not achievable, best practice guidelines for minimising sediment loss are implemented. • New Rule 14.5.1.1 permits the use of land and associated discharge of sediment for earthworks or residential development subject to conditions, including that the area of exposed earth is no more than 2,500m2 in any 12-month period, there are setbacks from...