Search Results

1. BT v OS LCRO 2/2013 (17 November 2014) [pdf, 81 KB]

   ...to rekindle their discussions over GD’s purchase of his fit-out. At the review hearing BT said he considered that would be a good outcome for them both, enabling him to recover some of the cost of the fit-out, and GD to enhance the unit’s appeal to her prospective new tenant. [12] Having spoken with OS and GD on the phone, BT retrieved a previous version of an agreement he had drafted, altered it to include amendments proposed by OS, and emailed it to him. [13] BT acknowl...

2. Twomey - Succession to Te Ngahoa Te Whaaro [2023] Chief Judge's MB 587 (2023 CJ 587) [pdf, 301 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.2 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [16] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:3 The first is an 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 the Re...

3. [2008] NZEmpC WC 7B/08 Hawkins v Commissioner of Police [pdf, 49 KB]

   ...employee has sought reinstatement and such reinstatement is practicable, there is an expectation that the order should be made. [7] In New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School2 the Court of Appeal endorsed the tests for practicability applied by the Employment Court. The essential elements of this test are: • The onus is on the employer to establish that reinstatement is not practicable. • Practicability is not the same as...

4. Regeling - Orokawa 3B Residue (2008) 127 Whangarei MB 169 (127 WH 169) [pdf, 2.6 MB]

   ...fight broke out, on another only four shareholders tumed up, and on another her legal advisor was accused of being a thief and a crook. She also cites a decision of the Court to set aside trus land as a reserve, which decision was successfblly appealed. She blames the Maori Trustee for not having completed "the job", which I take to be a suggestion that the Maori Tl1Istee was meant to paltition and allocate more of the land. She refers to the land being abused and building...

5. Shi v REAA (reserved decision) [2013] NZREADT 2 [pdf, 62 KB]

   ...salesperson. We must apply the standards and criteria set out in the Act and the applicant does not 11 meet those. We have endeavoured to stand back and absorb and consider the facts of this case in the round. [46] Accordingly, her appeal is hereby dismissed. [47] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F...

6. [2018] NZEnvC 246 Wellington International Airport Limited 20.12.18 [pdf, 1.3 MB]

   ...referral process (at least in part) is to speed up normal resource consent application processing. Direct referral avoids the usual two-step process whereby resource consent applications are initially heard and determined by local authorities and then appealed to the Environment Court by persons who might be dissatisfied with the outcome of the initial hearing. Large scale projects and/or those attracting very high public interest where there is a high degree of likelihood of appeal...

7. Matenga - Parish of Tahawai Lot 18C-F and 18I (2003) 73 Tauranga MB 150 (73 T 150) [pdf, 660 KB]

   ...chattel, or whether it is a fixture, and therefore part of the land. (See Neylon v Dickens [1979] 2 NZLR 714; Maori Trustee v Prentice [1992] 3 NZLR 344). However, in Lockwood Buildings Ltd v Trust Bank Canterbury Ltd [1995] 1 NZLR 22 the Court of Appeal emphasised the classic statement of the rule by Blackburn J in Holland v Hodgson (1872) LR 7 CP 328, 335 where he said: "Perhaps the true rule is, that articles not otherwise attached to the land than by their own weight are not...

8. [2020] NZEmpC 106 Kiteley v Carbine Aginvest Corp Ltd [pdf, 225 KB]

   ...agree with the determination of the Authority on this point. Legal principles applying – submissions raised [27] Both counsel in their submissions, although Mr Oldfield, counsel for Mr Kiteley, to a greater extent, referred to the Court of Appeal’s decision in Grace Team Accounting Ltd v Brake.2 That decision has helpfully traversed historic decisions relating to the principles applying in redundancy and how the matter is to be now considered in the context of the Employment...

9. [2007] NZEmpC AC 25/07 Woud v Department of Corrections [pdf, 69 KB]

   ...original hearing was de novo in circumstances where liability was an issue. [19] Mrs Chan submitted that express words would need to be added to the judgment in order to increase the defendant’s total apparent liability. She observed that no appeal had been lodged by the plaintiff and leave was not reserved to allow the parties to go back to the Court on any matters, unlike the situation in Gilbert v Attorney-General in respect of the Chief Executive of the Department of Correc...

10. Bartlett - Kakiraawa 2B 2F 3 (2018) 73 Tākitimu MB 1 (73 TKT 1) [pdf, 478 KB]

    ...16 See Mato – Nukutaurua 3C3B (1987) 32 Gisborne Appellate MB 217 (32 APGS 217); Muraahi v Phillips – Rangitoto Tuhua 5521B and 551BA2 (Manu Ariki Marae) [2013] Māori Appellate Court MB 528 (2013 APPEAL 528); Yates – Te Kōhanga Lots 1, 3-27 (2013) 63 Taitokerau MB 299 (63 TTK 299); and Raumati – Urenui Pa (Lot 2 of Part Subdivisions 3 of Section 24 Block IV Waitara Survey District) (2017) 374 Aotea MB 252 (374 AOT 252) http://www.