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1. Taueki v Taueki - Horowhenua No 11B Subdivision 14 (2021) 437 Aotea MB 134 (437 AOT 134) [pdf, 264 KB]

   ...trust order and general trust law principles. As Mr Rudd suggested, it 11 See Rātima v Sullivan - Tataraakina C Trust (2017) 64 Tākitimu MB 121 (64 TKT 121) 12 Te Whata v Paku – Akura Lands Trust [2011] Māori Appellate Court MB 55 (2011 APPEAL 55) 437 Aotea MB 143 would appear that one of the challenges trustees face from time to time is that their level of competence in understanding the rules of trusteeship as well as possessing sufficient financial and governanc...

2. [2011] NZEmpC 76 Rush Security Services Ltd v Samoa [pdf, 132 KB]

   ...AA251A/10, 14 October 2010. if so, whether the award of reimbursement for lost income should be reduced because of any failure by Mr Samoa to mitigate his loss. [2] Although the Authority, and the parties in their presentation of their cases on appeal, addressed as the essential question whether casual employment had mutated to ongoing employment, I consider the preferable approach is to consider that as a subsidiary of the fundamental question whether Mr Samoa was dismissed. Th...

3. [2021] NZEnvC 085 Rangitane o Tamaki v Manawatu-Wanganui Regional Council [pdf, 1.5 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA IN THE MATTER OF BETWEEN AND AND Decision No. [2021] NZEnvC 085 appeals under s 120 of the Resource Management Act 1991 RANGITANE O TAMAI(! NUI-A-RUA INCORPORATED (ENV-2018-WLG-000034) TARARUA DISTRICT COUNCIL (ENV-2018-WLG-000035) Appellants MANAWATU-WANGANUI REGIONAL COUNCIL Respondent TARARUA DISTRICT COUNCIL Applicant Court: Environment Judge B P Dwyer Environment...

4. [2018] NZEmpC 33 Nisha Alim v LSG Sky Chefs New Zealand Ltd [pdf, 289 KB]

   ...application for costs.9 An application for costs is to be treated no differently for costs purposes from an ordinary interlocutory application, so costs may be awarded according to scale or on an increased or indemnity basis as appropriate. [15] On appeal, that approach was approved by the Court of Appeal in Strata Title Administration Ltd v Body Corporate Administration Ltd.10 [16] In this Court, such an approach has been adopted pursuant to the Court’s broad jurisdiction as...

5. Tane-Stockler - Estate of Tanetinorau Opataia (2003) 122 Otorohanga MB 3 (122 OT 3) [pdf, 728 KB]

   ...decided that when the Hauturu East 8 Block was vested it was vested in the original owners in trust for their descendants and that, as a consequence, the applicants were not entitled to any beneficial interest by way of succession. The applicants appealed to the Maori Appellate Court. The Appellate Court found that the land was vested in the original owners and a trust established pursuant to section 438 of the Maori Affairs Act 1953; that according to the provisions of Te Ture...

6. LCRO 68/2019 NI v RC and OD (28 February 2020) [pdf, 175 KB]

   ...considered however. … 8 At [59]. 9 Which was received the day before the Standards Committee meeting. 6 [27] In making this comment, the Committee is echoing comments made by the Court of Appeal in R v Nakhla (No 2) [1974] 1 NZLR 453 where the Court said: … As to the complaints in the motion that the Court did not deal with certain submissions and attributed to counsel a submission he did not make it may be observed that a bel...

7. Subritzky v McLauglin - Subritzky Whanau Trust [2021] Chief Judges MB 849 (2021 CJ 849) [pdf, 486 KB]

   ...45 applications must be accompanied by proof of the flaw or error identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [16] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:14 The first is the evaluative decision as to whether the order made was erroneous in fact and law because of any mistake or omission on the part of the Court or t...

8. [2022] NZEmpC 87 H v Employment Relations Authority [pdf, 264 KB]

   ...Act 2000, ss 149(1)–(2). Settlement agreements endorsed by a mediator under s 149 are commonly called records of settlement. 6 Contract and Commercial Law Act 2017, ss 36–42. agreement before the Authority or Court whether by action, appeal, application for review or otherwise.7 [7] A common feature of settlement agreements arising from mediation is the inclusion of what is known as a non-disparagement clause. One was included in the agreement signed by H. It read:...

9. Peta v Hemara - Succession to Henry Peta [2023] Chief Judge's MB 731 (2023 CJ 731) [pdf, 335 KB]

   ...interests of justice to remedy the mistake or omission. [11] The principles that are applied to s 45 decisions have been previously set out in numerous decisions of the Chief and Deputy Chief Judges, the Māori Appellate Court, and the Court of Appeal. [12] However, for the benefit of the applicant, I note that s 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented, or in the interpretation of the law, and it is...

10. [2011] NZEmpC 168 The Postal Workers Union of Aotearoa v NZ Post Ltd [pdf, 115 KB]

    ...The natural and ordinary meaning should not lead to a conclusion that flouts business common sense. [11] Although Vector related to the interpretation of a commercial agreement, McGrath J’s summary was regarded as helpful by the Court of Appeal in Silver Fern Farms v New Zealand Meat Workers etc Trade Unions 7 (an appeal involving the interpretation of a collective employment agreement). [12] As Tipping J observed in Vector: 8 The ultimate objective in a contract interp...