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1. White v Rodney District Council [pdf, 84 KB]

   SUMMARY Case: White & Anor v Rodney District Council & Anor File No: TRI 2007-100-000064/ DBH 01814 Court: WHT Adjudicator: K Kilgour Date of Decision: 4 March 2009 Background This determination is based on a claim filed by the claimants filed against the Rodney District Council (Council) and Mr and Mrs Kerkins (Kerkins) as vendors and project managers/developers/head-contractors of the subject dwelling. However due to the passing away of Mr Kerkins, Mrs Kerkins

2. Johanson v Williams - Tokaipuritia Williams [2019] Chief Judge's MB 995 (2019 CJ 995) [pdf, 538 KB]

   ...orders in favour of the 13 children of the deceased made at 102 Taitokerau MB 216-222 (19 March 2015) was 4 [2009] Chief Judge’s MB 209(2009 CJ 209) 5 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2019 Chief Judge’s MB 1005 erroneous in fact or in law because of any mistake or omission on the part of the Court or in the presentation of the facts of the case to the Court. (4) If there was any error in fact o...

3. [2014] NZEmpC 9 Gunning v Bankrupt Vehicle Sales and Finance Ltd [pdf, 30 KB]

   ...Health Ltd2 [10] A further factor I take into account is that, although Mr Moore filed reasonably lengthy written submissions, they contained little analysis of the minimum wage issues which were the only significant issues of law. the Court of Appeal said that it was “too absolute” to say that costs must never be disproportionate to the money value of the judgment obtained but went on to say that “costs payable by a defendant should not lightly be fixed at a level which is...

4. [2007] NZEmpC CC 26/07 Southern Local Government Officers Union Inc v Christchurch City Council [pdf, 74 KB]

   ...“partial lockout”, we shall refer to it as a “technical lockout”. [42] Witehira was applied in Armstrong v Attorney-General (on behalf of Chief Executive Department of Justice) [1995] 1 ERNZ 43 (overturned on other grounds in the Court of Appeal), and in Marsh v Transportation Auckland Corporation Ltd [1996] 2 ERNZ 266. That was upheld in the Court of Appeal in Transportation Auckland Corporation Ltd v Marsh [1997] ERNZ 532, where the Court of Appeal stated at...

5. FB v WBOPSC2 LCRO 184 / 2010 (26 August 2011) [pdf, 56 KB]

   ...needed in order to complete my review. Considerations 3 [10] In undertaking this review I am aware that the Practitioner was struck off the Roll of Solicitors and Barristers on [date] in relation to another matter. The Practitioner’s appeal of that decision was unsuccessful. The decision now under review preceded the above decision. However, as at the time of the review the Practitioner was no longer practising as a lawyer. [11] However, this is not a factor that sh...

6. Rameka - Te Runanga Ā Iwi Ō Ngāpuhi (2021) 228 Taitokerau MB 184 (228 TTK 184) [pdf, 210 KB]

   ...180(1) are met. Counsel submits that s 180(1)(m) applies, in that the applicants are members of Ngāpuhi and are registered with TRAION; that TRAION is a 2 Moke v Trustees of Ngāti Tarāwhai Iwi Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265). https://www.legislation.govt.nz/act/public/2004/0078/latest/link.aspx?id=DLM313066#DLM313066 https://www.legislation.govt.nz/act/public/2004/0078/latest/link.aspx?id=DLM313066#DLM313066 228 Taitokerau MB 188 mandated iw...

7. [2017] NZEmpC 30 Lumsden v Skycity Management Ltd [pdf, 222 KB]

   ...the Mediator signs the agreed terms of settlement: The settlement is final and binding on and enforceable by us; and except for enforcement purposes, neither of us may seek to bring these terms before the Authority or Court whether by action, appeal, and application for review, or otherwise; and the terms of the settlement cannot be cancelled under section 7 of the Contractual Remedies Act 1979; and that section 149(4) provides that a person who breaches an agreed term of sett...

8. A Trustees v IAG New Zealand Ltd [2022] CEIT-2019-0078 [pdf, 216 KB]

   ...claim for damages.3 Contractual claims for as incurred legal and expert costs, such as clauses 17.1 and 17.2 of the RSMA, are prima facie enforceable contractual obligations. In Watson & Son Ltd v Active Manuka Honey Association the Court of Appeal stated that the recovery of legal costs under an indemnity provide an alternative to the costs jurisdiction of the Court.4 The question is whether the wording of the indemnity clearly shows agreement to an alternative basis for recovery...

9. MLC - Form 1 - General form of application [pdf, 122 KB]

   ...Whenua Māori Act 1993. HOW TO FILE AND COMPLETE THIS APPLICATION FORM (i) This form must be accompanied with the appropriate application fee (if any) and may be filed at any office of the Court (with the exception of an application seeking leave to appeal out of time which must be lodged in the Office of the Chief Registrar); (ii) As this is a general application form, please ensure that all information required on the form is completed; (iii) If the order sought is against one or...

10. LCRO 109/2023 W and F JM v EB and MK [pdf, 221 KB]

    ...discussed by the High Court, which said of the process of review under the Act:3 3 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 6 … 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...