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1. [2023] NZEnvC 223 MacFarlane Investments Ltd v Queenstown Lakes District Council [pdf, 490 KB]

   ...enquire into the objection and the intended taking and is to conduct a hearing having followed the procedural steps set out in ss 24(3)-(6). These steps were duly followed. [51] A hearing on the matter was initially delayed pending a response to a request for information made by the objector to the Council under the Local Government Official Information and Meetings Act 1987. That request was then pursued as an application for discovery made under s278(2) RMA. [52] The informa...

2. Kawhia – Waiomatatini C and Wairoa 1A (2024) 126 Tairāwhiti MB 196 (126 TRW 196) [pdf, 469 KB]

   ...Taratī), tētahi tono ki te whakarerekē i te ōta taratī. Ko Eruera Paratene Kawhia rātou ko Keriana Tupaea Tawhiwhirangi, ko Manihera Morete, ko Paul Te Kakapaiwaho Tibble, ko Venus Christian Taare ngā tarahitī o te Taratī. [1] An application was filed by Dr John Bunbury, on behalf of the trustees of the Waiomatatini C & Wairoa 1A Trust (the Trust), to vary the trust order pursuant to section 244 of Te Ture Whenua Māori Act 1993 (the Act). The trustees of...

3. Huata-Kupa v Tataraakina C -Tataraakina C Trust (2015) 40 Tākitimu MB 207 (40 TKT 207) [pdf, 244 KB]

   40 Tākitimu MB 207 IN THE MĀORI LAND COURT OF NEW ZEALAND TᾹKITIMU DISTRICT A20140011548 UNDER Section 98 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF TATARAAKINA C TRUST BETWEEN TANIA HUATA-KUPA Applicant AND TATARAAKINA C TRUST Respondent Hearing: On the papers Judgment: 29 May 2015 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] By application received on 20 October 2014 Tania Huata-Kupa, a former re...

4. [2022] NZACC 184 — Simpson v ACC (27 September 2022) [pdf, 233 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 184 ACR 70/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL UNDER SECTION 162(1) OF THE ACT BETWEEN ALBERT SIMPSON Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: B Hinchcliff for Mr Simpson L Mailand for the Respondent Judgment: 27 September...

5. Morgan v Accident Compensation Corporation [2018] NZACA 01 [pdf, 197 KB]

   ...[14] Following the accident in September 1989, Ms Morgan spent three weeks in hospital but was not able to resume realty work, so did not join Morgans. Her role in the partnership also significantly reduced, as did her partnership remuneration. Claim for accident compensation [15] At an unknown time, a claim for accident compensation was made, which was accepted by the Corporation. This included the payment of ERC. The claim history below is not comprehensive, but is sufficient...

6. [2014] NZEmpC 83 Wilson v Wilson [pdf, 198 KB]

   ...arising from the fact that the company was not correctly described in the employment agreement and its variation. Section 25, Companies Act 1993 [53] The Court raised with counsel a question as to whether s 25 of the Companies Act 1993 had application in this case. That section prescribes the manner and form by which a company must publish its name. It states as follows: 25 Use of company name (1) A company must ensure that its name is clearly stated in– (a) every written...

7. [2017] NZEmpC 139 Dean v The Chief Executive of the Ministry for Primary Industries [pdf, 372 KB]

   ...the defendant Judgment: 10 November 2017 JUDGMENT OF JUDGE B A CORKILL Introduction [1] On 10 June 2015, Mr Andrew Dean applied to his employer, the Ministry for Primary Industries (MPI), for anticipated retiring leave. His application was promptly accepted. It is common ground that he was entitled to such leave; but there is a dispute as to how it should be calculated. [2] By way of background, Mr Dean had worked for MPI since it was created in 2011 and fo...

8. Pollett v REAA (reserved decision) [2013] NZREADT 4 [pdf, 49 KB]

   ...touch with each other. He submits to us that he did not promote the Great Barrier Island to his own client, a Mr Arnesen, but that the latter approached him after viewing advertising (which Mr Pollett expected to be legitimate) by Mr McCarthy and requested that the Licensee set up an inspection for him at the property. As it happened the vendor of that property is a licensed agent and at material times also had a legitimate listing for it in his own right. [19] Mr Pollett puts it t...

9. Cross - Horowhenua 9A6B1 (2016) 355 Aotea MB 199 (355 AOT 199) [pdf, 198 KB]

   ...MB 199 IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20150006353 A20150006354 UNDER Sections 18(1)(a) and 135 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Horowhenua 9A6B1 BETWEEN CAROLINE CROSS Applicant Hearing: 347 Aotea MB 256-260 dated 18 January 2016 Appearances: S Hepburn for the applicant Judgment: 19 July 2016 RESERVED JUDGMENT OF JUDGE L R HARVEY

10. LCRO 254/2015 CW v QA (13 August 2018) [pdf, 108 KB]

    LCRO 254/2015 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN CW Applicant AND QA Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mrs CW has applied for a review of a decision by the [Area] Standards Committee [X] (the Committee) to...