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1. Herewini - Succession to Ra Herewini [2024] Chief Judge's MB 1103 (2024 CJ 1103) [pdf, 506 KB]

   ...All the main parties, including the original applicant and his mother, are now deceased. The land remains in the ownership of the original applicant’s sister along with her partner. They have invested a significant amount of time, effort and resources into the property. To allow the other siblings or their successors to inherit the land after so many years, may result in a degree of unjust enrichment.14 13 Māori Affairs Amendment Act 1974. 14 Commissioner of Inland Revenu...

2. [2024] NZLVT 063 - Bottinga v Auckland Council (16 December 2024) [pdf, 357 KB]

   ...May 2020 and comprises of a 809m2 site zoned mixed housing suburban. He did not consider the sale to be comparable, the property sold a year before the effective date when development land was in lower demand. The purchaser has since obtained resource consent to construct three dwellings. Market evidence Regarding market commentary, Mr Kanji advised: (a) The average house Capital Value movement across the Auckland region was thirty-two per cent between the 2017 general revalu...

3. Vainu - Succession to Phyliss Harmon (2025) 124 Tākitimu MB 16 (124 TKT 16) [pdf, 264 KB]

   ...method for ascertaining tikanga 7 Inia v Julian – Succession to Moehuarahi Te Ruuri (2014) 309 Waiariki MB 197 (309 WAR 197). 8 Above n 7, at [47]. 124 Tākitimu MB 21 will depend on the circumstances of the particular case and the resources of the parties.9 (c) Despite the High Court decision in Marino v Macey,10 which held that tikanga is only relevant to a will if the will itself makes reference to tikanga, this Court can apply tikanga when a will is silent on th...

4. Regulatory Impact Statement Review of aspects of the bail system [pdf, 268 KB]

   ...powers for Police to effectively enforce bail conditions imposed on young defendants under 17 years old. A perception that defendants may be granted bail in return for providing information to Police. The disruption to Court schedules and waste of resources arising from defendants failing to answer bail. An outdated approach to specific offences that are bailable as of right. The possibility for inconsistent practices to develop throughout the country as a result of electronical...

5. [2007] NZEmpC CC 18/07 Murphy v Steel & Tube New Zealand Ltd [pdf, 144 KB]

   ...circumstances faced by this particular employer. [56] A fair and reasonable employer is a good employer but not necessarily a perfect employer. What a fair and reasonable employer will do must be assessed in the real world where employers have limited resources and where there are considerations other than the interests of the employee. Having said that, a fair and reasonable employer will only reach conclusions adverse to the employee after conducting a fair and sufficiently th...

6. [2013] NZEmpC 157 Service and Food Workers Union Nga Ringa Tota Inc v Terranova Homes and Care Ltd [pdf, 343 KB]

   SERVICE AND FOOD WORKERS UNION NGA RINGA TOTA INC v TERRANOVA HOMES AND CARE LIMITED NZEmpC AUCKLAND 2013 NZEmpC 157 [22 August 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 157 ARC 63/12 IN THE MATTER OF an application under the Equal Pay Act BETWEEN SERVICE AND FOOD WORKERS UNION NGA RINGA TOTA INC Plaintiff AND TERRANOVA HOMES AND CARE LIMITED Defendant WRC 30/12 IN THE MATTER OF of proceedings removed from th

7. [2014] NZEmpC 117 Hutchison v Nelson City Council re-issued [pdf, 222 KB]

   ...of a team, and a lack of insight as to the effect she was having on others. [15] On 23 August 2011, Ms Hutchison and Mr Louverdis discussed the difficulties which had arisen. Amongst other things, Mr Louverdis raised the possibility of Human Resources (HR) staff becoming involved. Ms Hutchison sent an email to an HR Administrator with whom she had been sharing her concerns as to this possibility. Her colleague said she would raise the issue with Mr Stephen Gully, a long-servin...

8. [2017] NZEmpC 70 Edminstin v Sanford Limited [pdf, 515 KB]

   ...employees in analogous situations. I do not agree with Sanford’s overall analysis that the case’s significance is limited strictly to Mr Edminstin and Sanford. That is, if nothing else, antithetical to the significant energy and financial resources committed to the case by both parties and the potentially broader implications of the judgment I inferred from the evidence of Sanford’s (former) human resources manager. [6] Because what constitutes “marks” is in part...

9. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [pdf, 258 KB]

   ...$442,057.38 Uplifting, storing and relaying carpet $2,250.00 Remove store and re-hang drapes $1,950.00 Kaizon Limited project management supervision $22,162.50 Kaizon Limited mileage and timber testing $3,892.40 Remedial Design $31,731.42 ACC Resource Consent $1,600.00 Auckland City Building Consent Fees $9,643.66 Disbursements $152.98 Construction Insurance $1,125.77 Initial assessments2 $1,977.13 Engineer re balustrade $1609.99 [49] All the experts agreed that...

10. Tata v Tata - Waiwhakaata 3E 4C Lot 2A Block (Hiiona Marae) [2020] Maori Appellate Court MB 166 (2020 Appeal166) [pdf, 427 KB]

    2020 Māori Appellate Court MB 166 I TE KOOTI PĪRA MĀORI O AOTEAROA I TE ROHE O WAIKATO-MANIAPOTO In the Māori Appellate Court of New Zealand Waikato-Maniapoto District A20180009413, APPEAL 2018/23 A20190001839, APPEAL 2019/1 WĀHANGA Under Section 58, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Waiwhakaata 3E 4C Lot 2A Block (Hiiona Marae) I WAENGA I A Between DAVID TATA Te Kaipīra Tuatahi First Appellant ME