Search Results

1. [2010] NZEmpC 59 Wellington Free Ambulance Service v Adams [pdf, 46 KB]

   ...Marinkovich,4 and, most recently, NZEMPU Inc v Zeal 320 Ltd.5 [10] The principles for deciding applications for interlocutory injunctive relief are traceable to the House of Lords in the United Kingdom via judgments in the High Court and the Court of Appeal such as Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd.6 These referred to and adopted the judgments in the House of Lords in American Cyanamid Co v Ethicon.7 In that case, Lord Diplock stated at p 406: … where the...

2. Wairua - Maungaroa No.1 Section 2B Block (2014) 103 Waiariki MB 133 (103 WAR 133) [pdf, 205 KB]

   ...made, or to which that person is entitled to succeed, justifies the occupation order.] [11] In Sione - Te Hapua 247 the Māori Appellate Court held that s 328 facilitates land utilisation by provision of a house site. That Court was considering an appeal from a refusal to grant an occupation order on the grounds that the applicant had insufficient shares to support the area she sought as the site for her house. That is not an issue in this case, but I note the broad principles that...

3. Auckland Standards Committee 2 v Kennelly [2020] NZLCDT 6 [pdf, 143 KB]

   ...but took no steps. He did nothing about his obligation having assigned the matter to the ‘too hard basket’. [18] His submission was that undertakings given to the Tribunal must be taken seriously. He relied on the decision of the Court of Appeal in W v Auckland Standards Committee 3 of the New Zealand Law Society1. The Court said at paragraph [48]: There may be cases where a breach of an undertaking may not warrant some form of disciplinary action, but such cases are likely...

4. [2009] NZEmpC AC 34A/09 NZ Dairy Workers Union v Open Country Cheese Company Ltd [pdf, 37 KB]

   ...[22] The lockout notice relates not to bargaining for a collective agreement which will bind each of the employees concerned, but its nature is to compel the members of the Union to enter into individual employment agreements. [23] The Court of Appeal considered the provisions of s83 in Spotless Services (NZ) Ltd v Service and Food Workers Union Nga Ringa Tota Inc2. The Court found at para 39: For there to be a lawful lockout the employee’s demand under s82(1)(b) must be lin...

5. Charteris v Rowe - Estate of David Charteris (2018) 181 Waiariki MB 108 (181 WAR 108) [pdf, 314 KB]

   ...181 Waiariki MB 117 [40] Further, I agree with counsel for the respondent’s submission that this Court is estopped from determining the issue of entitlement to succeed as it has already been determined by the High Court. In the Court of Appeal decision of Kameta v Nicholas concerning entitlement to succeed to Māori land interests the Court of Appeal found that the principle of estoppel per rem judicatum applied in that:9 [44]…That rule applies to bar a party from disput...

6. Scott - Erueti Te Karu [2014] Chief Judge's MB 260 (2014 CJ 260) [pdf, 195 KB]

   ...Te Ture Whenua Māori Act 1993. Section 48 (1) is set out below as follows: 2014 Chief Judge’s MB 268 48 Matters already finalised or pending (1) No order made by the Chief Judge under section 44, or made by the Appellate Court on appeal from any such order, shall take away or affect any right or interest acquired for value and in good faith under any instrument of alienation registered before the making of any such order. 22. Based on these two factors, the appli...

7. Huata v Gotty - Lot 2 Deposited Plan 1996 (formerly Mangaroa 26N2 Block) (2021) 87 Takitimu MB 251 (87 TKT 251) [pdf, 248 KB]

   ...resolution, again, to find a practical solution and to avoid unnecessary and potentially costly further litigation. That said, it is important to underscore 5 Moke v Trustees of Ngāti Tarāwhai Iwi Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265) at [55] citing Grace v Grace [1995] 1 NZLR 1 87 Tākitimu MB 256 that alternative dispute resolution is a voluntary process and that if one of the parties to the dispute does not wish to participate then it would not be...

8. [2024] NZREADT 17 - YM v REAA (11 June 2024) [pdf, 116 KB]

   ...provides the data; (d) An attachment received via email on 11 April 2024: Appendix C – original telephone file note. [19] The Tribunal decided in KN v The Registrar of the Real Estate Agents Authority that it would follow the test used for appeals (under s 111 of the Act) to assess whether further evidence should be permitted in review applications (under s 112).5 The Tribunal must be satisfied that it is the interests of justice to admit the fresh evidence, having regard to th...

9. [2021] NZEnvC 084 Rangitane o Tamaki v Manawatu-Wanganui Regional Council [pdf, 1.2 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA IN THE MATTER OF Decision No. [2021] NZEnvC 084 appeals under s 120 of the Resource Management Act 1991 BETWEEN RANGITANE O TAMAICI NUI-A-RUA IN CORPORA TED AND AND Court: Hearing: Appearances: Date of Decision: Date of Issue: (ENV-2019-WLG-000018) JOHN BENT (ENV-2019-WLG-000019) Appellants MANAWATU-WANGANUI REGIONAL COUNCIL Respondent TARARUA DISTRICT COUNCIL Ap...

10. Wang v Fu [2016] NZIACDT 38 (8 August 2016) [pdf, 109 KB]

    ...matters charged, there can be no complaint if the Tribunal draws the unfavourable evidentiary inference which absence from the witness box commonly attracts. [23] In Ithaca (Custodians) Ltd v Perry Corporation [2004] 1 NZLR 731 (CA), the Court of Appeal considered what inferences may be drawn from the absence of witnesses. The Court observed at [153]-[154] that: The absence of evidence, including the failure of a party to call a witness, in some circumstances may allow an inference tha...