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1. Baker v Samuels-Thomas - Matauri X (2018) 174 Taitokerau MB 51 (174 TTK 51) [pdf, 314 KB]

   ...and possession. When combined with the 2 166 Taitokerau MB 158-179 (166 TTK 158-179). 3 Taueki v Horowhenua Sailing Club – Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 (2014 APPEAL 60). 4 Te Hokowhitu v Proprietors of Matauri X – Matauri X [2010] Māori Appellate Court MB 566 (2010 APPEAL 566). 174 Taitokerau MB 54 relevant sections of the Land Transfer Act 1952, the Incorporation became the legal...

2. [2022] NZEmpC 40 Ngawaka v Global Security Solutions Ltd [pdf, 219 KB]

   ...[7] A resignation by an employee may be regarded as a dismissal where it was the result of some adverse action by the employer, commonly known as a constructive dismissal.3 In Auckland Shop Employees Union v Woolworths (NZ) Ltd the Court of Appeal listed three non-exhaustive situations where a constructive dismissal might occur:4 (a) Where the employee is given a choice of resigning or being dismissed. (b) Where the employer has followed a course of conduct with the deliberat...

3. LCRO 194/2016 LC v BD (22 November 2018) [pdf, 157 KB]

   ...scope of review [19] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

4. BORA Films, Videos and Publications Classification Amendment Bill [pdf, 104 KB]

   ...Canadian Charter, the simple answer in the New Zealand context is that there is no equivalent general "fundamental justice" right in the NZBORA. Of course, proponents of the substantive view could argue that, like Baragwanath J, the Court of Appeal might take a broader interpretation of s 25(c) NZBORA. However, we do not consider that the constitutional status of the NZBORA would support such a progressive interpretation by the Court of Appeal. Of course this does not mean that...

5. Ngāti Taimanawaiti Māori Incorporation - Lot 2 DP 29547 (9 Old North Road, Orewa) (2016) 135 Taitokerau MB 20 (135 TTK 20) [pdf, 196 KB]

   ...the statement of claim did not comply with r 5.26(b), he had jurisdiction to reject the document even if the Registrar did not. As such Venning J did not decide the issue. [21] In Fuimaono v Housing New Zealand Limited, 5 Ellis J considered an appeal against a decision to refuse leave to bring a cross-appeal out of time. In that case, a notice of appeal was filed on 21 October 1997. The Registrar returned the notice stating that it was out of time. Ellis J found that the notice...

6. [2012] NZEmpC 24 Butterworth v TBA Communications Ltd [pdf, 148 KB]

   ...was able to identify any relevant authorities. The plaintiff’s argument appears to be a novel one. [14] Whoever has the benefit of a judgment is entitled to the fruits of it, unless the opposing party can show that, absent a stay, any right of appeal would be rendered nugatory or there would be the likelihood of a substantial miscarriage of justice. In Duncan v Osborne Building Ltd 7 the respondent had successfully applied for summary judgment against the appellant. The respon...

7. [2023] NZEmpC 189 Pretorius v Board of Trustees of Taupo Intermediate School [pdf, 285 KB]

   ...wide but must be exercised judicially and according to principle. [41] The range of factors generally considered relevant in this jurisdiction are well established. They are borrowed from the approach adopted in the High Court and the Court of Appeal under the relevant rules of both Courts.16 [42] The starting point is that the successful party is entitled to the benefit of the judgment they have obtained at first instance. As the Court of Appeal has confirmed, orders for stay sho...

8. LA Terms of Reference - quality and value audits [pdf, 531 KB]

   ...filed, served, or issue on file. 30) Overall, was the work done effective in achieving the client’s reasonable objectives. 31) Did the provider do everything reasonable to assist the client? 32) Where issues, (bail, venue, guilt, appeal etc…) were contested, were the outcomes achieved: (a) better than expected, (b) as expected, (c) worse than expected? 33) In your view, was there any risk that the client was prejudiced in any way by the work done or not don...

9. LCRO 164/2019 SM v NL (25 June 2020) [pdf, 150 KB]

   ...scope of review [20] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

10. Duncan v Osborn - Koukourarata Maori Reserve 874 1C2 (2022) 78 Te Waipounamu MB 267 (78 TWP 267) [pdf, 325 KB]

    ...must fulfil the legal elements relating to the action of trespass, the Court then has a discretion as to whether to grant the injunction. 8 Taueki v Horowhenua Sailing Club - Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 (2014 APPEAL 60), at [15]-[17]. 78 Te Waipounamu MB 273 [21] Donaldson v Hemi summarised the principles regarding permanent injunctions: 9 (a) A permanent injunction may be granted pursuant to s 19(1)(a) of the Act where a trespass...