Search Results

1. Hape v Smith - Part Te Pupuke K No 2 (Māori Reservation) (2015) 99 Taitokerau MB 174 (99 TTK 174) [pdf, 189 KB]

   ...Mr Smith acted in breach of trust? [46] Ms Rudolph gave evidence of a concern she says is held by a number of trustees and beneficiaries that Mr Smith has acted in breach of trust. [47] In summary, she says that Pacific Marine Fisheries sought resource consent to operate an oyster factory. As part of that process they had to consult with local tangata whenua. Mr Smith was nominated to consult with Pacific Marine Fisheries on behalf of the marae. In the course of those dealings...

2. [2013] NZEmpC 109 Baker v St John Central Regional Trust Board [pdf, 155 KB]

   ...172 (CA) at [53] affirmed by Bluestar Print Group (NZ) Ltd v Mitchell [2010] NZCA 385 at [20]. timesheets and payroll records. I accept that the way in which the plaintiff’s claim was pursued necessitated the application of additional resources. The Court was assisted at the hearing by the analysis undertaken by Ms Walker, a witness for the defendant. I have already taken this factor into account in assessing reasonable costs. [35] I do not consider that the fact the...

3. [2013] NZEmpC 147 Ramkissoon v Commissioner of NZ Police [pdf, 103 KB]

   ...front line/shift work duties; contacted him at home while he was on sick leave in that regard and required him to provide further details of his illness; falsely asserted that he was using industrial blackmail; allowed an identified human resources manager to have an active role in his rehabilitation management and grievance when that person had a conflict of interest, having been the object of his earlier grievance; instigated an investigation against him while he w...

4. Ratima v Sullivan - Tataraakina C Trust (2012) 15 Takitimu MB 57 (15 TKT 57) [pdf, 196 KB]

   ...engagement has been made then the trustees are ordered to immediately notify the Executive Officer that the appointment process is now subject to injunction and investigation by the Court and accordingly no further steps will be taken to use any trust resources including trust funds concerning such appointment or engagement until further order of the Court. [33] A hearing of the application will be set down during the 9-10 May 2012 sitting of the Court at Hastings at some convenient...

5. Procter - Horowhenua 11 (2012) 293 Aotea MB 165 (293 AOT 165) [pdf, 160 KB]

   ...off of the two vehicles had been accepted by the beneficiaries. It will be remembered that in a decision issued in 2005 I also recorded that the performance of the then trustees left much to be desired and that accountability for use of trust resources, primarily funds, was not in accord with best practice. Of those trustees only Mr William Taueki and Mr Matakatea remain in office to this day. [19] In any event, the beneficiaries who took part in the election process who attende...

6. [2016] NZEmpC 16 Best Health Products Ltd v Nee [pdf, 172 KB]

   ...20 November 2015; Ms Nee proposed that she be paid $750 plus GST and disbursements on the basis that the challenge be discontinued. The offer remained open to 26 November 2015 and was not accepted. [41] It is well established that the scarce resources of the Courts should not be hindered by litigants who reject reasonable settlement offers, and who proceed with litigation and fail to achieve a better outcome. 18 [42] I find that it is likely Ms Nee’s costs at the time of the...

7. Deputy Registrar - Rakiura Maori Lands Trust (2013) 21 Te Waipounamu MB 35 (21 TWP 35) [pdf, 96 KB]

   ...clear from the evidence that the current trustees are stretched in their work-load and there is owner dissatisfaction with the ability of the present trustees to get things done. The appointment of a further trustee will ensure further trustee resource is available. Dated at Wellington this 22nd day of November 2013. S F Reeves JUDGE RESERVED JUDGMENT OF JUDGE S F REEVES

8. Johnson v Stone - Estate of Tamati Johnson (2011) 13 Tairawhiti 251 (13 TRW 251) [pdf, 187 KB]

   ...However this could be subjected to change on the death of the Patriarch/Matriarch Whangai children have in many cases have held a special position within the whänau and is sometimes manifested in ways such as special allocation of stewardship and resource allocation. This sometimes led to jealously by other siblings and resentment is developed. Lore/Law: The are many instances where whangai children have inherited land/properties, Taonga etc from their matua whangai and continue...

9. Justice Matters - issue 02 - March 2016 [pdf, 1.8 MB]

   ...legitimate response by our courts to addressing some of the fundamental issues underlying the high levels of offending by Māori in New Zealand. Rangatahi Courts use social services, tikanga wānanga (cultural programmes), plus whānau, hapū and iwi resources to help guide young offenders from a life of crime. Developed by the New Zealand judiciary, the concept was informed by the experience of the Koori Courts in Australia. http://www.justice.govt.nz/publications/global-public...

10. [2013] NZEmpC 224 Lyttelton Port Co Ltd v Rail & Maritime Union [pdf, 118 KB]

    ...operation in many ways. Examples of integration include the use of a single computer system to coordinate the movement of containers both at Woolston and at Lyttelton. The Company has a single set of policies and single systems for payroll and human resources. All employees of the Company receive the same newsletter and received the same commemorative gifts from the Company. On the other hand, there is very little exchange of staff or equipment between the two facilities and they...