Search Results

1. OIA-106912.pdf [pdf, 1.8 MB]

   ...Abduction which will be held on the 2nd April 2007 in Wellington. This conference will be limited to counsel instructed by the Central Authority to represent applicants. We believe the small group format with experts and experienced personnel permits a level of detailed discussion which may be lost if the workshop grows too big. I attach a letter from Principal Family Court Judge Peter Boshier supporting this workshop and encouraging attendance at the conference. The workshop will b...

2. Deputy Registrar - Orongotea B no 1 (2008) 125 Whangarei MB 36 (125 WH 36) [pdf, 4.7 MB]

   ...illOilgage endorsed and noted, the registration of the illOilgage was effective and Land Transfer Act indefeasiblity overrode section 233. [1 6] In commenting on the policy of section 233 Justice McGeehan observed (page 674): "If I may be permitted perhaps a small and respectful quibble more as to emphasis than anything else, I rather think the sanction depriving instruments not endorsed of force and effect reflects a promotion of administrative convenience rather than deep lega...

3. McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57 (21 TTK 57) [pdf, 194 KB]

   ...attempts by a large number of members, holding a large proportion of shares in a company, to give voice to their wishes through the machinery of a meeting. I have little sympathy with directors who, having chosen to disregard the spirit of sec 137 [permitting shareholders to requisition a meeting], attempt to take technical points to prevent shareholders validly assuming the initiative in summoning a meeting.‖ 12 Samuels – The...

4. LCRO 152/2016 BL v HJ (11 August 2017) [pdf, 255 KB]

   ...acting for the vendor. Land covenants issue [17] The Committee noted that the land covenants that had been registered against the titles to the lots in the subdivision, except Lot 11 retained by the vendor: (a) Concerned the type of dwelling permitted to be built on the subdivision lots; and (b) Did not contain covenants designed to protect the views from the lots. [18] The Committee disagreed with Mr HJ’s submissions that because he had not been consulted by Mr and Mrs BL...

5. [2014] NZEmpC 153 Roy v BOT of Tamaki College [pdf, 131 KB]

   ...cases have pointed out, the statutory consequence of mandatory reporting of a teacher’s resignation or dismissal in such circumstances, with the potential consequences of deregistration, will also be a factor in determining whether it is just to permit the grievance to be examined on its merits. [47] The Board’s strongest argument against doing so is what it claims was the agreement entered into between the parties on 5 and 6 October 2010 that in return for resigning and receivi...

6. Oslo speech for IUCNAEL Colloquium June 2016 [pdf, 290 KB]

   ...the effects of climate change, and the benefits to be derived from the use and development of renewable energy. New Zealand’s highest Court, the Supreme Court, has held by majority that consent authorities including the Environment Court are not permitted in decision making, to take account of the effects on climate change, of burning fossil fuels; instead that activity is to be controlled or regulated under other legislation. 2 The nature of the cases before the Environment Court...

7. [2024] NZEnvC 266 McCallum Bros Limited v Auckland Council [pdf, 373 KB]

   ...final submissions. [23] Mr MacRae for McCallum Bros then advised the Court that they intended to file an application for strike out in respect of the MKCT evidence and as a party on the basis that they were a trade competitor. 14 Coastal permits: ARC28165, ARC28172, ARC28173 and ARC28174 15 McCallum Bros Limited v Auckland Council [2023] NZEnvC 130; McCallum Bros Limited v Auckland Council [2023] NZEnvC 138. 16 The Court received notice that the mid-shore appeal would be withd...

8. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]

   ...matter or thing (each an “Action”) of the Vendor, the Purchaser or any independent expert under or in respect of this contract or otherwise in relation to any stock (or animals from which the stock are selected). Q Ltd shall, to the maximum extent permitted by law, have no liability for any Action of Q Ltd in respect of this contract or otherwise in relation to any stock (or animals from which the stock are selected). (b) Q Ltd is not in any circumstances liable to the Vendor, the...

9. [2024] NZEnvC 253 Karmarkar v Auckland Council [pdf, 263 KB]

   ...one or more communal living areas, including kitchens. 7 Karmarkar v Pendem and others [2018] NZHC 693 at [32]. 9 This definition is nested within the Residential nesting table. [30] Student accommodation appears to be provided for as a permitted activity in the Special Purpose – Tertiary Education zone (rule H30.4.1(A4)) but not in other zones under the AUP. [31] The use and application of nesting tables is set out at sections J1.1.2 and J1.1.2. The Residential nesting...

10. [2009] NZEmpC WC 5/09 McCain Foods (NZ) Ltd v Services and Food Workers Union [pdf, 68 KB]

    ...and make non- binding recommendations for the settlement of matters in dispute between them. [61] Interpreting the part of the Act as a whole and reinforced by the background legislative material, I determine that Parliament intended to permit referrals to facilitation in circumstances where parties have “serious difficulties” in concluding a collective agreement. Section 50A, although expressed as being a purpose section, sets the standard and the reference to “diff...