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1. [2013] NZEmpC 82 Tan v Morningstar Institute of Education Ltd t/a Morningstar Preschool [pdf, 177 KB]

   ...submitted that the defendant had been open and transparent with the staff and the plaintiff about its difficult financial situation and had the bank statements present at the meeting of 12 August. He relied on the employment agreement which expressly permitted a redundancy dismissal but which I note, required consultation, the consideration of alternatives and the consideration of the views of the employee with an open mind before the decision was made. [51] Mr Pa’u then submi...

2. Canterbury Westland Standards Committee 1 v Williams [2019] NZLCDT 33 [pdf, 317 KB]

   ...and input. [23] The Committee submitted that the evidence adduced at the hearing confirmed: (a) That the transactions did not meet the objects of the Trust as none of the recipients of the payments were beneficiaries. (b) That Mr Williams permitted the Trust’s credit facility to be extended several times despite interest payments not being met and no principal repayments having been made. (c) That the funds were advanced from the Trust as unsecured loans. [24] There was th...

3. Proactive release - Electoral Amendment Bill No2 [pdf, 1.9 MB]

   ...With my proposed ban, a candidate or party secretary would be guilty of an illegal practice if they receive any donation (over $50) from an overseas person and do not return it to the donor or send it to the Electoral Commission. 2 Australia also permits foreign donations to parties and candidates between AU$100 and $1,000, but only if the donation is not given or accepted with the intent of being spent on election expenses (e.g. advertising). New Zealand’s rules for party donati...

4. CAC 20003 v Jhagroo [2014] NZREADT 8 [pdf, 193 KB]

   ...s 73 of the Act. [88] With regard to charge 2, we find that the defendant must have known or should have known, on the evidence available to him, that a sale of the property at $505,000 could not take place because mortgagees would not permit that to happen. Accordingly, he has steered Mr and Mrs Kamhara into an unrealistic situation which has cost them significant money. We think that the advice and conduct of the defendant in those respects is incompetent and negligent b...

5. Dudley - Matoa, Whara and Te Karaka Ahu Whenua Trust (2017) 150 Taitokerau MB 151 (150 TTK 151) [pdf, 275 KB]

   ...shareholdings or other entitlements, nor the presence of representatives of absent persons entitled to vote. A proxy cannot vote on a show of hands unless the rules or articles, or relevant statute expressly provides otherwise. However, even when rules permit a proxy to vote on a show of hands, a member who holds a proxy for another member may exercise only one vote on a show of hands. This is on the same principle that the person exercising a vote on a show of hands must be per...

6. OIA-105083_Part1.pdf [pdf, 8.7 MB]

   ...allows us to share information about court proceedings with Police); a relevant judge has authorised it; or an Approved Information Sharing Agreement (AISA) is in place. The types of court information we can share via AISAs is the list of "permitted information." Extending requests You can extend the time limit at any time before the original 20 day time limit expires. However, it is best-practice not to extend until you have already attempted, in good faith, to pr...

7. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

   ...of good faith. [3] The company applied for leave to extend time to cross-challenge the Authority’s determination and raised a number of objections in relation to the breadth and basis of Mr Pyne’s challenge, and the evidence he ought to be permitted to call in support of it. I declined the company’s application for leave and dealt with the residual objections in an interlocutory judgment of 7 March 2023.3 In summary, I held that Mr Pyne was entitled, on his non-de novo chall...

8. Auckland Waikato and Eastern Fish and Game Councils [pdf, 504 KB]

   ...sub-clause (d) (not just riverine and peat lakes). Amend sub-clause (e) to require implementation of Farm Environment Plans within 5 years. The term ‘timely’, in subclause (c) lacks the required degree of specificity. c. Enabling, through permitted activity rules, low intensity farming and horticultural activities (not including commercial vegetable production), with low risk of diffuse discharge of contaminants to water bodies, and requiring resource consents for all other...

9. Wati v Corrections [2018] NZHRRT 38 [pdf, 330 KB]

   ...complaint that had been withdrawn prior to the completion of the Privacy Commissioner’s investigation. [24] The Tribunal noted that in the first instance, complaints must be dealt with by the Privacy Commissioner and proceedings before the Tribunal are permitted by ss 82 and 83 only where an investigation by the Commissioner has been conducted under Part 8 or where conciliation (under s 74) has not resulted in settlement. The Tribunal concluded at [26] that powerful policy reasons sup...

10. [2013] NZEmpC 81 Brake v Grace Team Accounting Ltd [pdf, 191 KB]

    ...agreement. To suggest to the contrary, he submitted, involved acceptance of the proposition that the defendant was redundant from the moment her employment commenced, or at least potentially redundant and that was a position the defendant cannot be permitted to argue. [70] Mr Reid contended that the plaintiff had met the fourth test and the plaintiff was entitled to act and had acted as the defendant knew or intended, upon the assumption being true and binding and this she did by...