Lower Hutt City Council V Martin
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Lower Hutt City Council V Martin
Lower Hutt City Council v Martin 9871 NZLR 321 is a cited case in New Zealand regarding the validation of contracts under the Illegal Contracts Act 1970. Background Patricia Martin worked for 8 1/2 years as a librarian at the Lower Hutt City Council. Upon her resignation in 1979, her employment contract entitled her to a gratuity of $878.24, a gratuity that was standard practice of the council that had been paying all its departing staff since 1952. Unfortunately for Martin, the year before in 1978, the council became aware that under section 6(2) of the Finance Act (no 2) 1941, only gave local authorities the ability to pay such gratuities if the person had been employed for more than 10 years. The council went to court to resolve this issue, and the District Court validated the gratuity. The council appealed. Held The High Court of New Zealand overturned the validation order, on the basis that to validate was against public policy. Heron J stated "I think here there is con ...
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High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ...
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Illegal Contracts Act 1970
The Illegal Contracts Act 970'' is a New Zealand law that manages how contracts are deemed illegal under either common law or under Statute. Under this law, all such contracts are deemed illegal, but it gives wide discretionary powers to grant relief, including granting orders such as ordering: * validation (declaring the contract to be either partially or fully enforceable) * variation of the contract * restitution * compensation (damages) Cases * Automobile Centre (Auckland) Ltd v Facer * Barsdell v Kerr * Catley v Herbert * Duncan v McDonald * Fenton v Scotty's Car Sales Ltd * H & R Block Ltd v Sanott * Harding v Coburn * Knyvett v Christchurch Casinos Ltd * Lower Hutt City Council v Martin * Mercurius Ventures Ltd v Waitakere City Council * National Westminster Finance NZ Ltd v South Pacific Rent-a-Car Ltd * NZI Bank Ltd v Euro-National Corp Ltd * Polymer Developments Group Ltd v Tilialo * Re AIC Merchant Finance Ltd (in rec) * Ross v Henderson Ross v Henderson 9772 ...
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Lower Hutt City Council
The Hutt City Council is a territorial authority in New Zealand, governing the city of Lower Hutt. Lower Hutt is the country's seventh largest city. The city borders Porirua to the north, Upper Hutt to the northeast, South Wairarapa District to the east, and Wellington to the southwest and west. It is one of nine territorial authorities in the Wellington Region. The council represents a population of as of and consists of a mayor and twelve councillors, with six elected from six wards (Northern, Central, Western, Eastern, Harbour, and Wainuiomata) and six at-large. Council and committees The Mayor and all Councillors are members of the Council. Mayor One mayor is elected at large from the electors of Lower Hutt. Harbour Ward Harbour Ward returns one councillor to the Hutt City Council. Central Ward Central Ward returns one councillor to the Hutt City Council. Western Ward Western Ward returns one councillor to the Hutt City Council. Northern Ward Northern Ward ...
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District Court Of New Zealand
The District Court of New Zealand ( mi, Te Kōti ā Rohe) (formerly the district courts before 2016) is the primary court of first instance of New Zealand. There are 59 District Court locations throughout New Zealand (). The court hears civil claims of up to $350,000 and most criminal cases. It is governed by the District Court Act 2016, which replaced the earlier District Courts Act 1947 (formerly titled the Magistrates' Courts Act 1947) as well as the District Court Rules which are periodically revised by the Rules Committee. The court was established in 1980 to replace magistrates' courts, which had dealt with minor criminal matters and civil claims since 1893. The establishment of the court was the result of the recommendations made in the 1978 report of the Royal Commission on the Courts. It was given an expanded jurisdiction and the Family Court was created as a division of the District Court in 1981. The Youth Court is another specialist division of the District Court, dea ...
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High Court Of New Zealand Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * "Hig ...
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New Zealand Contract Case Law
New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, 1995 Songs * "New" (Daya song), 2017 * "New" (Paul McCartney song), 2013 * "New" (No Doubt song), 1999 *"new", by Loona from '' Yves'', 2017 *"The New", by Interpol from ''Turn On the Bright Lights'', 2002 Acronyms * Net economic welfare, a proposed macroeconomic indicator * Net explosive weight, also known as net explosive quantity * Network of enlightened Women, a conservative university women's organization * Next Entertainment World, a South Korean film distribution company Identification codes * Nepal Bhasa language ISO 639 language code * New Century Financial Corporation (NYSE stock abbreviation) * Northeast Wrestling, a professional wrestling promotion in the northeastern United States Transport * New Orleans Lakefront Ai ...
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1987 In Case Law
File:1987 Events Collage.png, From top left, clockwise: The MS Herald of Free Enterprise capsizes after leaving the Port of Zeebrugge in Belgium, killing 193; Northwest Airlines Flight 255 crashes after takeoff from Detroit Metropolitan Airport, killing everyone except a little girl; The King's Cross fire kills 31 people after a fire under an escalator Flashover, flashes-over; The MV Doña Paz sinks after colliding with an oil tanker, drowning almost 4,400 passengers and crew; Typhoon Nina (1987), Typhoon Nina strikes the Philippines; LOT Polish Airlines Flight 5055 crashes outside of Warsaw, taking the lives of all aboard; The USS Stark is USS Stark incident, struck by Iraq, Iraqi Exocet missiles in the Persian Gulf; President of the United States, U.S. President Ronald Reagan gives a famous Tear down this wall!, speech, demanding that Soviet Union, Soviet leader Mikhail Gorbachev tears down the Berlin Wall., 300x300px, thumb rect 0 0 200 200 Zeebrugge disaster rect 200 0 400 200 ...
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