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1. Ngati Pahauwera Report of Independent Assessor December 2015 [pdf, 1.4 MB]

   ...and “periodically” are of interest. But in any event matters of interpretation have been conclusively determined by the Supreme Court in Paki v Attorney General [2012] NZSC 50. Taking a different view from both the High Court and the Court of Appeal, the Supreme Court held that the definition of “navigable river” did not necessarily extend to the entire river or to those places which were in fact navigable. Thus a section of the Waikato River, which was not and never had been navi...

2. Director of Human Rights Proceedings v Schubach [2015] NZHRRT 4 [pdf, 152 KB]

   ...quantum of damages, the awards made by the Tribunal in the period 2010 to 2012 were reviewed in Director of Human Rights Proceedings v Hamilton at [86]. Since then in both Director of Human Rights Proceedings v Grupen [2010] NZHRRT 22 (upheld on appeal in Grupen v Director of Human Rights Proceedings [2012] NZHC 580) and in Director of Human Rights Proceedings v Hamilton the awards were $5,000. Most recently $5,000 was awarded also in Director of Human Rights Proceedings v Valli and Hug...

3. [2007] NZEmpC AC 51A/07 Maritime Union of NZ and ors v TLNZ Ltd and anor [pdf, 158 KB]

   ...now widespread, perhaps even standard in many sectors or enterprises. 2 NZ Steel Ltd v New Zealand Amalgamated Engineering, Printing and Manufacturing Union Inc AA216/07, 24 July 2007 in which an appeal by the union has recently been abandoned. [74] Both the statutory good faith provisions and the relevant agreements affecting the employees in this case require consultation about, but not necessarily agreement on, policies...

4. Alchin and Scott TRI 2020-100-001 [2022] NZWHT AUCKLAND 01 [pdf, 374 KB]

   ...for remediation has had significant impact causing her stress and inconvenience. [163] I determine that the claimants have made out their claim for general damages. The amount sought of $25,000 is in line with the High Court and Court of Appeal’s guidelines to assist general damages settlements.74 I determine the claimants are entitled to the sum of $25,000 for general damages. Consequential losses [164] The claimants make a claim for consequential costs arguing that...

5. [2016] NZEmpC 158 Kidd v Beaumont [pdf, 460 KB]

   ...General of the Department of Social Welfare [2000] 1 ERNZ 467 (EmpC). [94] Judge Travis wrote in McCulloch: 25 In some respects, the situation is analogous to Mabon v Conference of the Methodist Church of NZ where the Court of Appeal upheld the Employment Court's decision that the parties did not intend to create legal relations and therefore had not entered into any form of a contract of employment. In Mabon, the Conference had considered changing the relation...

6. MLC 2018 July Outstanding OCR Applications [pdf, 400 KB]

   ...September 1954) and 35 Whakatane MB 66 (12 October 1960) - Application to the Chief Judge A20180002384 58/93 Lawrence Niao Matata Parish 39A 2B 2B 2A Block- and an order appointing trustees made at 178 Waiariki MB 32 dated 21 December 2017 - Appeal A20180002798 45/93 Ellen Waiapouri CJ 2018/9 Piki Te Ora Watene - and succession orders made at 5 Whangarei (S) 223-226 on 8 July 2002 - Application to the Chief Judge A20180002823 45/93 Sharon Wilson Martha Theodore Hamli...

7. Moananui v Cape Kidnappers Station Limited - Rangaika Native Reserve (2014) 31 Takitimu MB 179 (31 TKT 179) [pdf, 268 KB]

   ...Court concluded that it was undoubtedly general land and this position was upheld by the High Court. 11 Maori Land Court - Lot 300, Parish of Waioeka (2010) 2010 Maori Appellate Court MB 12 (2010 APPEAL 12) at 39. 12 Faulkner v Tauranga District Council [1996] 1 NZLR 357; (1995) 3 NZ ConvC 192,270 (HC) at 14. 13 Deputy Registrar – Lot 1 DP 2811 (2013) 18 Te Waipounamu MB 287 (18 TWP 287). 31 Takitimu MB 195 7.18. In...

8. White v Rodney District Council [pdf, 101 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2007-100-000064 BETWEEN PAUL WHITE and WILNA WHITE Claimants AND RODNEY DISTRICT COUNCIL First Respondent AND LORELLE JOY KERKIN (Solely and in her capacity as sole trustee of the Estate of Gregory William Kerkin) Second Respondent Hearing: 27th, 28th and 29th January 2009 11th February 2009 Counsel Appearances: G Shand and H Diamond-Cate, counsel for claimants; D Heaney SC and S Macky, counsel for first respondent

9. Theobald v Coulter [pdf, 170 KB]

   ...claiming general damages of $10,000.00 for the significant and humiliation that has been caused by the leaks in their house. 7.7 I do not need to provide an extensive review of the authorities concerning jurisdiction as it has been held on appeal from other WHRS determinations that adjudicators have the power and jurisdiction to make awards of general damages – Waitakere City Council v Smith, Auckland District Court, CIV 2004- 090-1757, Judge McElrea, 28 January 2005; Young &a...

10. [2012] NZEmpC 215 NZ Language Centres Ltd (formerly GEOS NZ Ltd) v Page [pdf, 251 KB]

    ...on remedies, which I have not yet received, I direct the resumption of the hearing to address these. Counsels’ submissions will need to address the precise figures sought and rejected, and the relevant evidence, the decisions of the Court of Appeal in Sam’s Fukuyama Food Services Ltd v Zhang, 9 and Mr MacGregor Stewart’s expertise. 10 A telephone directions conference will be convened to set a timetable for the conclusion of the hearing. B S Travis Judge J...