Search Results

1. Williams v Trustees of Parahirahi C1 (2005) 37 Kaikohe MB 212 (37 KH 212) [pdf, 6.5 MB]

   ...She noted that the reservation trust never owned the kohanga reo building. The arrangement ended when the kohanga reo building was sold by the National Trust. • The payment of $5000 was a financial contribution towards the legal costs ofthe appeal under the Resource Management Act 1991 against the building of the prison on Ngawha Waikaukau lands - within the same tupuna whenua. She noted her view that the payment \vas authorised by the constitution of the trust (its aim, objecti...

2. [2017] NZEmpC 117 Underhill v Coca-Cola Amatil NZ Ltd [pdf, 429 KB]

   ...personal grievance could not have been raised by these two actions. 5 Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC) (emphasis added). It should be noted that Creedy was overturned on appeal, but not on this point of law. See Creedy v Commissioner of Police [2007] NZCA 311; Creedy v Commissioner of Police [2008] NZSC 31, [2008] 3 NZLR 7. 6 Idea Services Ltd v Barker [2012] NZEmpC 112, [2012] ERNZ 454. 7 At [34]. 8 At...

3. MLC 2017 August Outstanding OCR Applications [pdf, 345 KB]

   ...made at 103 Wairoa MB 244-245 on 11 July 2001 - Application to the Chief Judge A20170004176 58/93 Wero Karena Omahu 4C Section 6 - and an order for confirmation of alienation made at 56 Takitimu MB 233-237 (8 February 2017) - Notice of Appeal and Leave to Appeal Out of Time (Respondents Douglas Whitfield and Mark Alexander) A20170004320 45/93 Toni Ngahiriwa Welsh, John Ernest Welsh Talbot Venus Talbot (nee Welsh) or Venus Tawera Werehi or Whetumarama Welsh - and a...

4. [2023] NZIACDT 23 – ED v Dai (11 August 2023) [pdf, 245 KB]

   ...to bear in mind his obligation to write to clients with details of all material discussions and that he was required to personally obtain his clients’ instructions. The Authority regards such a letter as a warning to Mr Dai. Complainant’s appeal to Tribunal [47] On about 11 June 2020, the complainant appealed to the Tribunal against the Registrar’s decision not to pursue the complaint. [48] In her undated letter in support, the complainant says that false information was...

5. [2024] NZEmpC 131 Boyd v OJI [pdf, 363 KB]

   ...determination is less serious, although Mr Boyd contributed to that particular phase of the delay because of his very late request for legal representation. The effect of the rights and liabilities of the parties [113] The time limits for initiating an appeal or challenge reinforce the rights of a successful party to finality of litigation and to recovering of the benefits of a successful outcome. A party who is not diligent in pursuing any right of appeal or challenge faces a si...

6. La Grouw as Trustee of the GJ Peacocke Trust v Rantin & MRA Architects Ltd [2011] NZWHT Auckland 8 [pdf, 178 KB]

   ...doors leading onto the deck, and Page | 11 membrane failure on the deck. DID MR WATSON BREACH HIS DUTY OF CARE TO MS LA GROUW? [25] In North Shore City Council v Body Corporate 188529 & Ors (Sunset Terraces),1 the Court of Appeal upheld Heath J‟s conclusion that councils, in issuing building consents, and designers, in preparing the plans, are entitled to assume that a reasonable builder would have access to, and rely on, the manufacturer‟s specifications,...

7. November 2015 Outstanding applications [pdf, 243 KB]

   ...45/93 Mary Joss CJ 2015/40 - Amopo Te Atatu or Whakaturou or Kohu - and a succession order made at 29 Tauranga MB 355 on 22 May 1969 - Application to the Chief Judge A20150006148 58/93 Maria Kingi, Rangi Taupatu, Cynthia Kingi, Ronald Puata Appeal 2015/17 - Ngati Maru (Fisheries) Trust - and an order of the Maori Land Court at 341 Aotea MB 211-222 dated 15 September 2015 - Appeal (Respondents: Te Ohu Kaimoana Trustee Limited) A20150006177 45/93 Kenneth Brown, Canadian T...

8. [2022] NZEmpC 4 Chief of the New Zealand Defence Force v Darnley [pdf, 401 KB]

   ...duty of good faith to the plaintiff? (e) If so, should she pay a penalty? (f) Should the defendant be required to repay the overpayment of wages? Constructive dismissal [9] In Auckland Shop Employees IUOW v Woolworths (NZ) Ltd the Court of Appeal accepted that a constructive dismissal could arise in situations such as where:3 (a) an employer had given an employee an option of resigning or being dismissed; (b) an employer had followed a course of conduct with the deliberate and...

9. LAP contract for services [pdf, 753 KB]

   ...Contract for the Provision of Legal Aid Services and Specified Legal Services| Version 5| November 2016 9 3.10.4. of any matter that materially decreases the prospects of success of the aided person’s matter at first instance, or the merits of any appeal. 3.11. Sub-clause 3.10.4 does not apply to defence of criminal charges at first instance. Record-keeping obligations 3.12. Subject to clause 3.13 and in accordance with clauses 11.1 to 11.4 of the Practice Standards, the Provide...

10. Reihana - Estate of Ngapipi Rewiti Panapa [2017] Chief Judge's MB 238 (2017 CJ 238) [pdf, 505 KB]

    ...1963 at 24 Tauranga MB 311-312, 24 Tauranga MB 322-323 and 25 Tauranga MB 50. 7 Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2017 Chief Judges MB 252 [26] I accept the applicants’ evidence that Thomas and Raymond Reihana were not aware of the failure to include them as successors to the Estate of Ngāpipi Rewiti Panapa, and that expla...