Search Results

1. [2019] NZEmpC 9 Prasad v LSG Sky Chefs New Zealand Ltd [pdf, 351 KB]

   ...resolve the issue about whether the application was, in fact, made for Mr Matsuoka as alleged. However, a decision on that matter is not required to decide this application. [18] The starting point is that access to court documents will only be permitted for a recognised and legitimate purpose.8 The Court of Appeal held the purpose of obtaining documents may be to assist in other litigation or arbitration and is legitimate, but only if there is a point to the exercise. In parti...

2. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore [pdf, 391 KB]

   ...applied to sale of lands or leases but it governs all relationships. 28 Quoting Blanchard J in Tram Lease Ltd v Croad [2003] . . . “no one who has granted another a right of property, whether by sale, lease or otherwise, may thereafter do or permit something which is inconsistent with the grant and substantially interferes with the right of property which has been granted.” 29 The Court held that the principle of non-derogation is based on an implied obligation on a grant...

3. [2024] NZREADT 17 - YM v REAA (11 June 2024) [pdf, 116 KB]

   ...Appendix C – original telephone file note. [19] The Tribunal decided in KN v The Registrar of the Real Estate Agents Authority that it would follow the test used for appeals (under s 111 of the Act) to assess whether further evidence should be permitted in review applications (under s 112).5 The Tribunal must be satisfied that it is the interests of justice to admit the fresh evidence, having regard to the following factors:6 (a) Whether the evidence is credible. (b) Whethe...

4. Karena v Te Koau A Trust - Te Koau A (2017) 61 Takitimu MB 25 (61 TKT 25) [pdf, 372 KB]

   ...Court with clean hands and had not established prima facie reasons why the Court should exercise its jurisdiction. [26] Mr Karena says that it is Mr Steedman who has not come to Court with clean hands. He says that Mr Steedman gave out hunting permits to the hunting fraternity but did not deposit those funds in the trust’s bank account. Rather, according to Mr Karena, he utilised the funds personally. Mr Karena alleges that in one instance payment was made by cheque from a hunt...

5. [2020] NZEmpC 181 Evans v JNJ Management Ltd [pdf, 207 KB]

   ...commenced in that role on 10 December 2018. Mr Evans’s duties and responsibilities included securing the premises and personnel by patrolling the property; monitoring surveillance equipment; inspecting buildings, equipment and access points; and permitting entry. They also included responsibility for controlling the budgets for security operations and monitoring expenses, and for recruiting, training and supervising security officers and guards. [10] His employment was subjec...

6. BU v NPU [2023] NZDT 327 (30 June 2023) [pdf, 244 KB]

   ...created an intimidating and hostile environment and was therefore no conducive to the participants learning, safety and enjoyment. 14. EX says before the briefing guests were smoking around the heritage buildings and were reminded this was not permitted (as mentioned in the information pack), which he says they knew because they were concealing the smoking. He says LN had to speak loudly at the safety briefing to gain their attention. Many of them were on their phones and no-one in th...

7. Ngati Makino Heritage Trust and Ngati Ranginui Incorporated Submissions [pdf, 256 KB]

   ...New Zealand Coastal Policy Statement 37. To be clear1 this submission is not made in an effort to justify a cultural harvest from within the area in which restrictions are sought, as such harvests for cultural purposes can be effected through the permit program within the Fisheries Act framework. Part 2 Cultural Directives Driving Analysis 38. As section 66 confirms, the provisions of 6, 7 and 8 of the Act concerning Maori issues are relevant. :These provisions were reflected upon...

8. Rafiq v Department of Internal Affairs [2013] NZHRRT 11 [pdf, 56 KB]

   ...Police [2012] NZHRRT 13 (23 May 2012) at [2] to [4], being decisions given by this Tribunal in related proceedings brought by Mr Rafiq and heard in the same week as the present proceedings. [3] The hearing proceeded in the absence of Mr Rafiq, as permitted by Regulation 19(3) of the Human Rights Review Tribunal Regulations 2002. The Department’s only witness, Mr BG Ross, Investigations Officer of Wellington, gave oral evidence and answered supplementary questions from Mr Cohen-Ronen...

9. Hogarth - Taumarunui Papakainga Section 11A (2021) 435 Aotea MB 141 (435 AOT 141) [pdf, 252 KB]

   ...Harvey notes in Mihinui – Makatu A100, the Act provides greater flexibility for the alienation of a whole block of land compared to undivided interests (shares) by requiring that the preferred class be given a right of first refusal but then permitting alienation outside the preferred class with respect to alienation of a whole block of land. With undivided interest on the other hand, alienation is restricted to those within the preferred class.5 [29] Notice to the preferred class...

10. [2015] NZSSAA 85 (13 November 2015) [pdf, 65 KB]

    ...in good faith; (d) the beneficiary changed his position believing he was entitled to receive the money and would not have to repay it; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [36] Pursuant to s 86(9B) of the Act, the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; 8 (b) an erroneous act or omission occurring during an investigation o...