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1. [2016] NZEmpC 74 Tairawhiti District Health Board v NZ Nurses Organisation Inc [pdf, 275 KB]

   ...DHB to place a midwife or nurse “on any step of the relevant [salary] scale”, does not amount to an applicable clause which otherwise defines “Service” pursuant to cl 5. Again as a matter of interpretation, I conclude that the discretion permitted a new employer DHB by cl 8.1(b), is limited to placing a transferring employee such as Ms Marshall on a higher step of the relevant scale than that employee was on with a previous DHB employer. It also allows a new DHB employer...

2. [2017] NZEmpC 11 Matsuoka v LSG Sky Chefs Ltd [pdf, 173 KB]

   ...procedure against the sums in issue or the value of the rights in issue in the proceedings. [25] The balancing exercise to be adopted by the Court in deciding whether the use of r 9.34 of the current High Court Rules (formerly r 322) should be permitted, to allow inspection of computer records as part of the document discovery process, is the subject of several decisions of the High Court. These were referred to by counsel in their submissions. [26] The first decision is Tyco...

3. Tito - Mangakahia 2B2 No 2A1A [2016] Chief Judge's MB 398 (2016 CJ 398) [pdf, 314 KB]

   ...applicant is attempting to use the same information to mount the same case before the Māori Land Court, he is likely to be told that the principle of res judicata applies. [22] I turn now to the law concerning s 44 of the Act, the provision that permits the Chief Judge to correct a mistake or omission made by the Māori Land Court. The Law [23] The Chief Judge’s jurisdiction to amend or cancel an order of the Māori Land Court is set out in section 44(1) of the Act: On an...

4. NZLS v Gilbert [2012] NZLCDT 24 [pdf, 222 KB]

   ...of disciplinary proceedings and its ability to use s 126 Law Practitioners Act 1982 to require, at its own instigation, a person to give evidence. Counsel for Mr Gilbert submitted that the nature of disciplinary proceedings did not go as far as permitting the Tribunal to intervene in the way it had in attempting to enlarge the scope of the Committee’s evidence at the hearing. [30] He noted that the section relied on by the Tribunal to require Mr Hobbs to provide evidence was a...

5. Randall v Moeahu - Lot 1 Deposited Plan 442626 (2018) 390 Aotea MB 4 (390 AOT 4) [pdf, 369 KB]

   ...that the fiduciary will not utulise his or her position in such a way which is adverse to the interests of the principal. [41] The core obligations of a fiduciary are captured in what are known as the profit and conflict rules. A trustee is not permitted to profit from their office, except with the informed 1 Arklow Investments Ltd v Maclean [2000] 1 WLR 594 (PC) at 598. 390 Aotea MB 14 consent of the beneficiary. Likewis...

6. [2022] NZEnvC 043 Marine Farming Association Incorporated v Marlborough District Council [pdf, 5.3 MB]

   ...can be avoided, remedied or mitigated. These mostly relate to undertaking land use activities in ways that limit the visual intrusion into the landscape. These actions will be implemented through a range of activity status as well as standards on permitted activity rules. Policy 7.2.1 provides guidance on how these controls will be applied to outstanding natural features and outstanding natural landscapes. For landscapes with high amenity value, guidance is provided through Policies 7....

7. [2020] NZEnvC 051 Waikato Regional Council [pdf, 326 KB]

   ...of service of the Council’s decision),3 and sought directions in relation to service to ease the administrative burden on submitters who might want to appeal its decision. More will be said of this shortly, but there is no dispute that the law permits such an application to be made in anticipation of public notification of a decision in respect of a plan change. In fact, the Council filed two ex parte applications seeking waivers, as I outline below, however both were filed prior...

8. Pomare - Estate of Peter Here Pomare (2015) 103 Taitokerau MB 95 (103 TTK 95) [pdf, 264 KB]

   ...been an ohaki, the customary values and practices of the iwi or the hapu associated with the land in question and whether those values and practices of the iwi or the hapu associated with the land in question and whether those values and practices permit a whāngai with our without a blood relationship to their matua whangai to take interests in land. (See for example In Re Succession to George Tukua 116 Otorohanga MB 81). In the end, however, it is a judgment call to be made by t...

9. LCRO 140/2020 AB v RP (27 November 2020) [pdf, 267 KB]

   ...[although] compliance with them will generally ensure compliance with the trust account provisions of the https://www.lawsociety.org.nz/professional-practice/legal-practice/trust-account-management/ 18 Taking fees from trust money 6.13 You are not permitted to deduct fees from a client’s trust money unless you have provided that client with an account for the services carried out (Regulation 9(1)) and the client has authorised the deduction (Section 110). … 6.15 A practice m...

10. Beatson v CAC 416, Cripsin, Mordaunt & Property Brokers Ltd [2019] NZREADT 25 (9 July 2019) [pdf, 521 KB]

    ...Mr Crispin came up with the idea. Mr Crispin denies that he had any involvement in arranging a so-called “dummy bidder” and that when Mr Beatson mentioned to him the possibility of having such a bidder at the auction he told him it was not permitted. [117] In expanded form, the response by Mr Crispin was as follows:34 • He rejects any allegation he asked complainant 1 to arrange “dummy bidders”. • At the time of listing, when complainant 1 selected the method of sale,...