Search Results

1. Aitken v Laudermilk [pdf, 78 KB]

   ...seal due to the differential movements between the building materials. [54] The water entry has caused cracking in the sheet joints of the plasterboard on the ceiling and beam below the skylight. [55] The Council says that the sealant was permitted under the Building Act 1991 and the Building Regulations 1992 and was only expected to have a life span of 5 years. The Council argues that the claimants have failed to maintain the seals so the sealant, at the time of final insp...

2. Pirikahu v Hohaia - Awanui Haparapara No 1 (2021) 253 Waiariki MB 112 (253 WAR 112) [pdf, 297 KB]

   ...[91] If the kaitiaki trust had not terminated on the death of the late Parehuia Durie in 2007 Gloria Graham would have been removed for cause as a trustee for failing to carry out the duties of a trustee satisfactorily, for failing to account, for permitting herself to profit from her office as a trustee and for permitting her interests to conflict with her duties to the beneficiaries of the trust. (Emphasis added) [16] Then in Nicholas v Gibbons - Poike 8E the Māori Appellate Cou...

3. [2014] NZEmpC 159 Franix Construction Ltd v Tozer [pdf, 146 KB]

   ...in judicial review proceedings, they do not form part of the very limited record from the Authority’s investigation on a challenge such as this. Counsel for one of the parties was also that party’s representative in the Authority but was not permitted to give evidence from the Bar to contradict a witness’s account of what was or was not said in the Authority. [4] In all the foregoing circumstances, there is little or no probative value in pursuing such alleged inconsistencies...

4. [2019] NZEmpC 37 Derbie v Tranzurban Hutt Valley Ltd [pdf, 674 KB]

   ...The LTA and the Rule made thereunder have a focus on the safety of the travelling public, and fatigue management. Logically, the two regimes should operate side-by-side so that both objectives can be achieved. An interpretation of s 69ZH which permits both regimes to operate in parallel is, in my view, more likely to have been Parliament’s intent. This was the finding in Jetstar.12 [37] The legislative history does not suggest a contrary conclusion. Whilst it is the case th...

5. Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29 [pdf, 107 KB]

   ...update any changes • sent to the PHO and Ministry of Health to obtain subsidised funding on my behalf • used to determine eligibility to receive publicly-funded services. Information may be compared with other government agencies but only when permitted under the Privacy Act. [6] The enrolment form he was asked to sign contained a line which read: I have read and I agree with the Health Information Privacy Statement. [7] In view of his objection Mr Fehling on 16 December 20...

6. 14.-Evidence-of-Dr-Jack-McConchie-Hydrology-Flooding-Groundwater-and-Water-Abstraction.PDF [PDF, 5 MB]

   ...pump location or other details. However, from information available for other bores in the area, the submitter’s bore is likely to be relatively shallow and tapping the surficial unconfined aquifer. Since there does not appear to be a water permit for this bore, it is likely for domestic use under the Permitted Activity Rule. 141. The current design of the proposed highway in this location shows it to be slightly elevated above current ground level, rather than in a cutting. Th...

7. Committee on the Elimination of All Forms of Racial Discrimination – summary record 15th-17th reports (continued) [pdf, 66 KB]

   ...Accommodation Centre until their status claims had been processed and their identity satisfactorily established. The Centre was an open centre and, while persons resident therein were subjected to a regime of compulsory residence and monitoring, they were permitted to leave the premises on a daily basis. Refugee status applicants were only deprived of their liberty if they represented a threat to New Zealand’s security or were considered at high risk of absconding. Statistics for 2006-20...

8. Floyd v The Proprietors of Hauhungaroa 2C Block Incorporation Committee of Management - Hauhungaroa 2C Incorporation (2014) 325 Aotea MB 42 (325 AOT 42) [pdf, 229 KB]

   ...Court. If neither of these steps is taken, and the conflicted trustee participates in decision making, any resulting transaction will be voidable regardless of the fairness or otherwise of that transaction. Indeed, “no inquiry on that subject is permitted”. Likewise, the honesty or otherwise of the fiduciary is also irrelevant. [55] As foreshadowed, the report of Mr Wilson identifies that a clear conflict of interest existed in relation to the engagement of NMH Services, whic...

9. New Zealand Law Society v Faleauto [2009] NZLCDT 19 [pdf, 180 KB]

   ...(“ADLS”), which was exhibited as part of the Society’s evidence. It required Mr Faleauto to comply by 5pm, 28 November 2006. Mr Faleauto’s response was to request the Society, on 28 November 2006, to obtain a waiver from Mr S, so that he would be permitted “… to reply in full and to address all issues – both legal and factual”. [23] A waiver of privilege was obtained from Mr S and sent to Mr Faleauto on 15 January 2007, asking for his response to the request that...

10. ZA v YB LCRO 23/2014 Recusal (31 August 2016) [pdf, 96 KB]

    ...general approach that judicial disqualification is not warranted on the basis of adverse rulings or decisions is also justified by appropriate concerns about proper judicial administration. There is huge potential for abuse if recusal applications were permitted to be predicated on a party’s subjective perceptions regarding a judge’s ruling. [101] We know of no common law jurisdiction which accepts that a judge’s adverse rulings are disqualifying per se. The problem is rather wh...