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1. Nuku v Clarke - Poukawa 13B Ahu Whenua Trust (2007) 193 Napier MB 19 (193 NA 19) [pdf, 428 KB]

   ...meeting the seven highest polling nominations elected as trustees were: Jerry Hapuku, Thomas Clarke, Leon Hawea, Tamihana Nuku, Haami Hilton, Bonnie Hilton and Thomas Harrison. Alidemium to the Financial Report [7] On8 November 2007, Mr Gardiner filed an Addendum to the report following a meeting with trustee Thomas Clark. [8] At that meeting Thomas Clarke acknowledged that 15% of the time the Trust's Nissan is used as his personal motor vehicle. From time-to-time Thomas re...

2. Tai Rāwahiti v Tauranga - Tekumi A21A (2009) 228 Aotea MB 148 (228 AOT 148) [pdf, 442 KB]

   ...228 Aotea MS 151 Audit [I3] On 10 April 2007 I ordered an audit to be undertaken of the trust's accounts and that in the circumstances the Court would pay up to 50 percent of the cost of that process, 202 Aotea MB 288. The audit report was filed on 12 December 2007. The report states that "spending on the house at Parihaka Road was consistent with appropriate authorities to act and has supporting documentation." In comments on the documentation, the auditor notes: (...

3. [2020] NZEnvC 175 Wilkins Farming Co Ltd v Southland Regional Council.pdf [pdf, 6.1 MB]

   ...two years from the date of the Interim Decision, at which point the Regional Council is to report on the water quantity aspects raised in relation to the Mataura River and propose next steps. Costs are reserved. Any application for costs is to be filed by 23 October 2020 and any reply filed by 30 October 2020. In the event no application for costs is WILKINS FARMING CO LTD V SRC - SECOND INTERIM DECISION .. 2 made, the court's order will be (without further decision of th...

4. [2020] NZEmpC 64 Max Pennington Motors Ltd v A Labour Inspector [pdf, 253 KB]

   ...not totally satisfied that that argument should prevail. Costs will be reserved. It may well be that the parties can resolve the issue of costs between themselves but if that is not possible then submissions on costs by the plaintiff should be filed by memorandum within 14 days of the date of this judgment. The Labour Inspector will then have a further 14 days in which to file a memorandum of submissions in answer. If the plaintiff wishes to file any submissions in reply, then it...

5. [2019] NZEmpC 166 GEA Process Engineering Ltd v Schicker [pdf, 216 KB]

   ...matters before the Court. Out of an abundance of caution, however, and if the Court declined the plaintiff’s application to return the proceedings to the Authority, a de novo challenge against the first determination dismissing the proceeding was filed with the Court. The challenge, nevertheless, related to the substantive employment relationship issues between the parties. This was done to ensure that time limits were complied with and that no limitation issues could be raised...

6. Gwak & Kim TRI-2020-100-006 Procedural Order 5 [pdf, 223 KB]

   ...given by MBIE about the need to progress the claim; (d) What legal advice was received by the claimants and why the delay in doing so was so great given that Ms Kim is a practicing lawyer; and (e) What impact COVID-19 had on the ability to file a claim. 14 Eligibility Report, p.8 11 Decision on second limb [50] The Tribunal finds that the delay in commencing this claim was inexcusable. [51] The pre-issue delay may perhaps have been excused if the claimants w...

7. LCRO 220/2020 UOY - Application for review of a prosecutorial decision (3 June 2021) [pdf, 225 KB]

   ...whilst her parents were alive, or the provisions of the OY Trust deed. 14 [83] Mr UOY seemed to suggest that this information existed and could be made available, although it is apparently – as he described it – “buried” in substantial files relating to the years of dispute with Ms SV. [84] The above summary of Mr UOY’s evidence is, it appears, the essence of his response to the complaint that he had unlawfully helped himself to trust funds. [85] This was not put befor...

8. [2021] NZEnvC 161 Marlborough District Council v Gifford [pdf, 477 KB]

   ...State Highway 1, Riverlands, Blenheim (legal description Lot 5 DP 365088 ) which contains the pump station for the Thynne Well owned by Mount Riley Wines & Estate Ltd. Steps towards resolution [8] Since the application under s 315(2) RMA was filed by the Council three Judicial Telephone Conferences were convened to discuss the resolution of this matter, a number of memoranda and affidavits were filed on behalf of both the Council and the Respondents and a virtual hearing of th...

9. [2021] NZEnvC 161 Marlborough District Council v Gifford [pdf, 477 KB]

   ...State Highway 1, Riverlands, Blenheim (legal description Lot 5 DP 365088 ) which contains the pump station for the Thynne Well owned by Mount Riley Wines & Estate Ltd. Steps towards resolution [8] Since the application under s 315(2) RMA was filed by the Council three Judicial Telephone Conferences were convened to discuss the resolution of this matter, a number of memoranda and affidavits were filed on behalf of both the Council and the Respondents and a virtual hearing of th...

10. BD & NL v CM Ltd t-a HD [2021] NZDT 1669 (14 October 2021) [pdf, 277 KB]

    ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...