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1. Brichris Holdings Limited v Irmac Builders Limited (in liquidation) [2012] NZWHT Auckland 7 [pdf, 105 KB]

   ...satisfied that Mr Neilson has properly established his claim in terms of section 91(1)(b) and has ―scaled‖ the threshold for assessing substantial merit. The literal information advanced by Mr Irwin was clearly without substantial merit. It formed the basis of Mr Neilson‘s joinder and the revised claim from the claimant. All such documentation has been served on Mr Irwin and so available to him. The Tribunal therefore has ability to award costs against Mr Irwin. Mr Irwi...

2. Yasin & Nawaz v Hammadieh [2014] NZIACDT 71 (23 June 2014) [pdf, 156 KB]

   ...The Tribunal has upheld the complaint. The Interim Decision [7] The Tribunal’s interim decision of 11 March 2014 is to be read with the present decision. The interim decision put the parties on notice of potential factual findings based on the information then before the Tribunal. The potential factual findings were: [7.1] The adviser was the sole licensed immigration adviser involved in the practice of Hammadieh Consultancy FZ LLC. [7.2] The agreement the complainants signed notif...

3. Tane-Stockler - Hauturu East 8 (2002) 120 Otorohanga MB 3 (120 OT 3) [pdf, 2.1 MB]

   ...owners In whom the land was vested by order of the Court at Te Kuill pursuant to Section 436 of the Maori Affairs Act 1953 on the 1 st day of October 1990. " The owners in Hauturu East 8 Block come from four whanau. Those whanau have each formed separate Trusts for the administration of their lands or assets. They are the Tanetinorau Opataia Whanau Trust, the Haami Haereiti Whanau Trust, the Whatakaraka Whanau Trust and the Te Riutoto Aihe Whanau Trust. Using the numbers set al...

4. Bell v McDonnell - Mataimoana (2017) 374 Aotea MB 298 (374 AOT 298) [pdf, 396 KB]

   ...Richard Boast QC has been commissioned to provide expert evidence and Dr Gilling was appointed counsel. It was intended that a hearing would be held in April 2016 however that did not occur. [3] On 18 July 2017, a hearing was convened at the request of David (Tuffy) Churton, an interested party.2 He expressed concern about the progress of the application. Mr Churton also raised issues surrounding what he termed was the improper alienation of the subject land by the Whanganui Tr...

5. Stock v Morris - Wainui 2D2B (2012) 41 Taitokerau MB 121 (41 TTK 121) [pdf, 259 KB]

   ...Introduction [1] This judgment concerns an application under s 18(1)(a) of Te Ture Whenua Māori Act 1993 (“the Act”) to determine ownership of a cottage on Māori freehold land. It is a contest between Mariao Stock, an owner in the land, and her former partner, Rex Morris, a non-owner. Mariao claims ownership of the cottage and is supported by her fellow owners. Rex paid for the construction of the cottage and claims a monetary interest. There is no real evidential dispute....

6. Green v EIT [2020] NZHRRT 24 [pdf, 985 KB]

   ...is similarly prohibited pending further order of the Chairperson or of the Tribunal. [43.3] There is to be no search of the Tribunal file without leave of the Chairperson or of the Tribunal. The plaintiffs and defendant are to be notified of any request to search the file and given opportunity to be heard on that application. [20] When the hearing commenced on 3 July 2017 counsel for EIT, in accepting the interim orders would necessarily become final orders, sought name suppression for...

7. [2009] NZEmpC CC 9/09 Jinkinson v Oceania Gold (NZ) Ltd [pdf, 80 KB]

   ...would have worked an average of 53⅔ hours per week exclusive of days off. [13] Ms Jinkinson was paid fortnightly and earned an average of $1,045.82 per week. From March 2006 onwards, she received quarterly bonuses based on the overall mine performance. [14] Oceana Gold conducted annual reviews of Ms Jinkinson’s performance. The company also carried out assessments of her ability and, in September 2006, this resulted in a promotion with a corresponding pay rise. [...

8. [2017] NZEmpC 101 Nath v Advance International Cleaning Systems (NZ) Ltd [pdf, 217 KB]

   ...the Authority is required to dispose of problems and disputes promptly and without undue regard to technicalities. Consequently, when electing a non de novo challenge, careful attention should be given to the issue as to whether any additional information should be before the Court beyond that which is apparent from the determination under challenge. (emphasis added) [10] The challenge rights in s 179 have given rise to ongoing issues and confusion, particularly in circumstances...

9. Estate of Moloney v Accident Compensation Corporation [2024] NZACC 203 [pdf, 191 KB]

   ...the collection is 3 cm. A clear dressing was placed over the marking to protect it during transit to the ward. [28] On 24 January 2021, Mrs Moloney died from metastatic colorectal cancer. [29] On 9 February 2022, an advice of accidental death claim form ACC21 was submitted to the Corporation. This included a request for financial assistance with a funeral grant and outlined the delay with the MRI scan as the MRI scan request was supposed to be in the six-week category but by mi...

10. JL v P Ltd & SX [2024] NZDT 685 (27 August 2024) [pdf, 203 KB]

    ...and that they worked as a team. Furthermore, she says she had emails from both QV and SX using the signature block Company P Limited, and that the invoices had the name Company P. 11. However, on balance I find that by the time the contract was formed in February 2022, Company P was no longer being operated by the company Company P Limited. I say this as I accept the evidence from QV, the Director of Company P Limited supported by the agreement for sale and purchase of a business date...