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1. Bell v Churton - Mataimoana (2019) 410 Aotea MB 244 (410 AOT 244) [pdf, 352 KB]

   ...7 See Smith, Native Custom and Law affecting Native Land (Maori Purposes Fund Board, Wellington 1945) and Minhinnick – Maioro Lands (1994) Waikato Maniapoto Appellate Court MB 220 (18 APWM 220). 8 Ibid. 9 (1998) 25 Auckland MB 212 (25 AT 212) at MB 237-238. 410 Aotea MB 249 Returning then to s,132 (1) & (2)/93, the Court is required "to determine the relative interests of the owners of the land" according to tikanga Māori. The central is

2. Huia-Collective-CIA-FINAL-v2.docx.pdf [pdf, 8.3 MB]

   ...grounds/caves, every possible asset would be lost to the (mana) authority of the suppressor. 2 Tuku Whenua As Customary Land Allocation, Susan Healy, Ngā Pae o te Māramatanga/National Institute of Research Excellence for Maori Development and Advancement, The University of Auckland, Pg 124 1 Waitangi Tribunal Wai 207, brief of evidence of Ngarongo Iwikatea Nicholson (11 June 2003) Māori would then, through the customary practice of Waerea (‘clearing by removal’), or Whakanoa (‘r...

3. [2020] NZEmpC 166 New Zealand Resident Doctors Assoc v Auckland District Health Board [pdf, 336 KB]

   NEW ZEALAND RESIDENT DOCTORS ASSOCIATION v AUCKLAND DISTRICT HEALTH BOARD [2020] NZEmpC 166 [14 October 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2020] NZEmpC 166 EMPC 155/2019 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN NEW ZEALAND RESIDENT DOCTORS ASSOCIATION Plaintiff AND AUCKLAND DISTRICT HEALTH BOARD First Defend...

4. [2019] NZEmpC 46 Southern District Health Board v Glasson [pdf, 457 KB]

   ...practice for a sonographer. [67] Ms Glasson’s work is also considered to be sonography by Dr James Pemberton. He is a consultant cardiologist for the DHB based in its Dunedin Hospital. Dr Pemberton is a senior lecturer in medicine at the University of Otago, and his practice is in cardiology. He specialises in echocardiography. [68] Dr Pemberton is a Fellow of the Cardiac Society that awarded Ms Glasson her diploma. His expert opinion was that, based on his knowledge of...

5. [2017] NZEmpC 51 E Tu Inc v New Zealand Transport Agency [pdf, 211 KB]

   ...Farms Ltd v New Zealand Meat Workers and Related Trades Union Inc [2010] NZCA 317, [2010] ERNZ 317. [37] The principles are uncontroversial. They were conveniently summarised by Judge Inglis in Tertiary Education Union v Vice-Chancellor, University of Auckland in this way: 7 [6] The starting point is an assessment of the natural and ordinary meaning of the words themselves. Even if the words are plain and unambiguous, a cross-check will nevertheless be undertaken agains...

6. Dr Sharon Betty De Luca - Evidence in Chief [pdf, 574 KB]

   ...provide independent expert evidence on mattern pertaining to marine ecology arising in these proceedings. 3, I heild the qualifications of Bc;1chelor of Scienc-e (Zoology) and Doctor of Philosophy (Environrnentc1I and Mc:1rine Science) from the University of Auckland. 3.1 I have worked for BML for the past twe1ve years. · i have previously workec! for City University of Hong Kong (as a Pol\it~Doctoral Fellow) on a variety of research projects focusing oh coastal ecology, ec;otoxico...

7. [2024] NZEmpC 234 Bowen v National Australia Bank [pdf, 295 KB]

   ...ERNZ 471 (EmpC); Oldco PTI (New Zealand) Ltd v Houston [2006] ERNZ 221 (EmpC); Morgan v Whanganui College Board of Trustees [2013] NZEmpC 55, [2013] ERNZ 460; H v A Ltd, above n 11, at [11]–[14]; and Bowen, above n 8. 18 Bird v Vice-Chancellor, University of Waikato [2023] NZEmpC 16, [2023] ERNZ 32 at [20]. [29] Complementing the submission that the Authority must adhere to the principles of natural justice, Mr O’Brien relied on s 27(1) of the New Zealand Bill of Rights A...

8. [2008] NZEmpC AC 37/08 Orakei Group (2007) Ltd (formerly Axiom Rolle PRP Valuations Services Ltd) v Kapadia & Ors [pdf, 44 KB]

   ...In the circumstances, the fees and disbursements incurred were reasonable. [36] There is no dispute about the applicable principles that can be extracted from a trio of judgments of the Court of Appeal, Binnie v Pacific Health Ltd1, Victoria University of Wellington v Alton-Lee2, and Health Waikato Ltd v Elmsly3 [2004] 1 ERNZ 172. [37] First, the Court must determine what costs were reasonably incurred by a party entitled to them. Next, the Court must determine a reasonable cont...

9. [2008] NZEmpC AC 52/08 Lee v Minor Developments Ltd t/a Before Six Childcare Centre [pdf, 49 KB]

   LEE V MINOR DEVELOPMENTS LTD T/A BEFORE SIX CHILDCARE CENTRE AK AC 52/08 23 December 2008 IN THE EMPLOYMENT COURT AUCKLAND AC 52/08 ARC 16/08 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN SHARON LEE Plaintiff AND MINOR DEVELOPMENTS LIMITED T/A BEFORE SIX CHILDCARE CENTRE Defendant Hearing: 21-23 October 2008 (Heard at Auckland) Appearances: William Lee, Advocate for Plaintiff Alison Maelzer and Jodi Clark,...

10. [2009] NZEmpC WC 7/09 NZ Meat Workers Union v Silver Fern Farms [pdf, 48 KB]

    ...that case the purpose of the extra leave was consistent with the statutory purpose of annual holidays. In the present case the purpose of clause 10.4 is different from the statutory purpose. It is to recognise continuous service and it is not universal to all employees. [43] Clause 10.2 specifies the employees’ entitlement to annual holidays to be first 3 and then 4 weeks’ annual holidays. This provides the baseline for the additional holiday referred to in clause 10.4....