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1. Pook v Matchitt - Matangareka 3B Block [2020] Māori Appellate Court MB 126 (2020 APPEAL 126) [pdf, 266 KB]

   ...the trust, John Butler in that it was made to his partner. Exacerbating the situation was the fact that at the same meeting held on 29 June 2016, the trustees made resolutions to pay themselves trustee fees absent a clause in the trust order that permitted them to do so, and in the case of John Butler to pay him $20,000.00 as the chairperson’s honorarium. 20 2019 Māori Appellate Court MB 494-530 (2019 APPEAL 494-530) at 527-528....

2. AODT Court Operational Policy 2024 v3.02.pdf [pdf, 333 KB]

   ...to discuss arrangements. The team leader will take responsibility for matters during absences. • An AODT Court lawyer who has recurrent or ongoing scheduling conflicts will be removed from the AODT Court roster. • AODT Court lawyers are not permitted to swap their rostered sessions with other lawyers including other AODT Court lawyers. Any changes must be discussed with and managed via the team leader. • If required and if called upon to do so by the team leader, any AODT Court...

3. Sionetama - Puketapu E Māori Reservation (2021) 436 Aotea MB 273 (436 AOT 273) [pdf, 266 KB]

   ...whitebait gear into the river and pushed kayaks and canoes into the river. Ms Taylor also alleged that Mr Taylor, along with Mr Hoeta, “manhandled” a Gary Nagle out of a shed on the land without the approval of the trustees and refused to permit Mr Nagle the opportunity to retrieve his belongings from the land. For all these reasons, Ms Taylor argued that Mr Taylor is not a suitable candidate for appointment as a trustee. Te Ture The Law [28] Section 222 of Te Ture Whenu...

4. [2021] NZEmpC 168 Juyi International Ltd v Pan [pdf, 283 KB]

   ...Pan’s wages, intending this to be for holiday pay on a pay-as-you-go basis. However, the requirements of the Holidays Act 2003 (the HA) had not been met. That was because s 28 of the HA sets out only two situations when annual holiday pay is permitted to be paid within an employee’s pay. Since neither of those circumstances applied, Juyi owed Mr Pan holiday pay for the entire duration of his employment, less any paid holidays he had taken. The Authority concluded that this...

5. Audit-and-monitoring-policy [pdf, 376 KB]

   ...indicates concerns. Compliance with audit To co-operate with the auditor, the provider must: • give the auditor access to all relevant documents • answer any questions fully, frankly, promptly, and in the form required by the auditor and • permit, and if necessary, assist the auditor to make copies of documents. 8 Reference: Section 92(1) The table below outlines the process that takes place if a provider fails to co-operate with an auditor. Stage Description 1 T...

6. [2022] NZEmpC 127 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 304 KB]

   ...generally contained in the applicable employment agreement, and was in this instance, according to the CAA. Following its enactment in November 2021, cl 3 of sch 3A may be relevant if an employment agreement does not have a provision that would permit dismissal of an employee who declined to be vaccinated. [45] However, what the enactment of the clause does reinforce is the importance of the legal right to terminate, since it was included in a suite of urgent and important provis...

7. LCRO 52/2022 AD v OC (12 July 2024) [pdf, 244 KB]

   ...[redacted] and [redacted] and back into [redacted]. Do you have any future plans to develop [redacted]? If they were to be developed that would need a [redacted] ww to the main also. 14 Non[redacted] would possibly connect into that (levels permitting). Just looking ahead with a view to future proofing and rationalising the pipe network. … [64] The applicant relevantly responded that evening: For a twist [redacted] and [redacted] are in the residential intensification zone...

8. [2023] NZEmpC 69 Halse v Employment Relations Authority [pdf, 292 KB]

   ...judicial review by the Court. The application to strike out therefore succeeds on that basis. [44] In any event, Mr Halse has submitted that the grounds for review are based on alleged errors of law and errors of fact. Section 184 does not permit judicial review of Authority determinations on the basis of error of law.31 [45] The position with respect to Mr Halse’s application for judicial review is on all fours with the application for judicial review he filed in the Court of...

9. [2006] NZEmpC AC 62/06 Clark v NCR (NZ) Corp [pdf, 75 KB]

   ...actual content of the duty asserted in the second cause of action is different from that asserted in the first. In the first the receiver is accused of negligence in his conduct in a number of ways. In the second the duty is said to have been not to permit the conduct of the receivership to be directed, dictated or influenced by the other defendants. In view of the way however in which the essential allegations are framed and the exact identity of the loss claimed on both causes of act...

10. Perkinson v CAC 10040 & Cooper & Le Mac [2011] NZREADT 32 [pdf, 116 KB]

    ...the sole agent’s client’s interests. 6.11 In relation to (c) above the question may be whether it was appropriate for Ms Le Mac to take steps on the transaction (including talking with the appellants) without clarity as to the role she was permitted to play on the transaction and clear communication with the appellants to that effect. 6.12 In relation to Mr Cooper, it appears the conduct in issue is that following an internal complaint by the appellants about Ms Le Mac, Mr C...