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1. [2021] NZSSAA 12 (3 March 2021) [pdf, 154 KB]

   ...employment offers the best opportunity for them to achieve this independence. [21] Training and gaining skills are also referred to in the principles. The Act should not impede people training and gaining skills, as far as the provisions in the Act permit that to happen. What XXXX did was to continue her part-time work, manage her responsibilities as a parent and take on some additional papers to complete her qualifications as quickly as possible. She reasonably objects to a legis...

2. [2021] NZACC 146 – Buis v ACC (28 September 2021) [pdf, 248 KB]

   ...requires payment of interest only in respect of calculations made under that Act for any period commencing on or after 1 July 1992”. The reason for that qualification is this. An issue had arisen under the 1992 Act as to whether s 72 of that Act permitted or mandated the payment of interest prior to 1 July 1992, the date on which the 1992 Act came into force. The Corporation contended it did not, but this argument did not prevail in at least one District Court case. At the time th...

3. Insley v Insley - Awanui Haparapara No 2B No 1B Sec 2 [2023] Chief Judge's MB 323 (2023 CJ 323) [pdf, 416 KB]

   ...demonstrates that the Court considered all these factors and was satisfied it could exercise its discretion to grant the orders complained of. [53] In considering the factors set out in ss 328 and 329, the lower Court exercised its discretion as permitted by the legislation to grant the orders. In short, the Court acted within its jurisdiction in making the orders, as provided under ss 328 and 329 . [54] Included in the exercise of that jurisdiction are wide discretionary powers. So...

4. LCRO 142/2016 TR v YV (28 November 2018) [pdf, 181 KB]

   ...of a court case where the applicant makes her case and provides evidence which is then subject to cross examination. The LCRO regulates his or her procedure in such manner as he or she thinks fit, with as little formality and technicality as is permitted.14 [28] As Mr YV required to be heard in person, the review proceeded as a respondent-only hearing in [City] on 4 October 2018. Ms TR was provided with a copy of the Notice of Hearing but elected not to attend. Delegation [29]...

5. Hunstanton v Cambourne and Chester LCRO 167 / 2009 (10 February 2010) [pdf, 71 KB]

   ...as a customary term of the retainer in the absence of specific agreement to the contrary. [49] A lawyer who intends to impose a premium which would be unexpected to a reasonable client will have to establish as a matter of contract that this is permitted as well as having to establish as a matter of professional conduct that the fee reached is fair and reasonable. It will be difficult to do so if the client was not on notice of a method of billing which is other than the usual time...

6. Director of Human Rights Proceedings [NKR] v Accident Compensation Corporation (Strike-Out Application) [2014] NZHRRT 1 [pdf, 91 KB]

   ...interferences with individual privacy”. [19] The complaints process is detailed at length in Part 8 of the Act. The scheme is that in the first instance complaints must be dealt with by the Privacy Commissioner. Proceedings before the Tribunal are permitted by s 82 only where an investigation has 5 been conducted under Part 8 or where conciliation (under s 74) has not resulted in settlement. [20] As pointed out in the Law Commission Review of the Privacy Act 1993: Review of...

7. Gillard v CAC 20003 [2014] NZREADT 4 [pdf, 132 KB]

   ...restrictive covenants. Essentially, it seems that the land is zoned rural, and before a dwelling house could be built on it, there needed to be a new consent under the Resource Management Act. The restrictive covenants applied to aspects of building work permitted on the land and the type of land use. We understood that there could be no intensive farming activity, such as the raising of poultry or pigs. [22] The appellant ascertained that the male complainant was a rural contractor...

8. [2017] NZSAAA 02 (26 June 2017) [pdf, 270 KB]

   ...would in effect allow a student to avoid the clear intent/requirement that academic failure that is not outside the students control does not allow a student to qualify for LFT status under this provision.” Discussion [18] Regulation 12A(1) permits StudyLink to approve payment of an allowance to students who are not enrolled in a full-time course in three situations. First where a student suffers from an illness which renders part time study (appropriate – ie the only feasible...

9. [2011] NZLCDT 9 Canterbury Standards Committee v X [pdf, 197 KB]

   ...respondent also deducted fees from Mr S’s trust account by invoice of 8th April 2004 for $850 plus GST and disbursements. This deduction is also a matter included in the charges. [12] The respondent did not claim he had any written authority permitting the debiting of fees. He said he had posted his fee invoices to Mr S (as executor for the estate work the respondent had undertaken, and in his personal capacity for the separate work undertaken for Mr S by the respondent), as re...

10. [2021] NZEmpC 33 Saipe v Bethell [pdf, 238 KB]

    ...letter raised the grievance on the date that it was delivered to the Cottages’ post office box, being 29 November 2013. [29] He says further that if the grievance was raised outside the prescribed 90-day period then leave should be granted to permit him to pursue it. [30] In summary, Ms Bethell argues: (a) Mr Saipe’s dismissal was effective on 24 August 2013. (b) His email of 26 August 2013 raised his personal grievance for unjustifiable dismissal. (c) The Authority...