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1. LCRO 8/2024 HC v QG and VO (28 February 2025) [pdf, 239 KB]

   ...arbitration award that is the subject of litigation. I advised the parties by minute that there would need to be cogent and compelling reasons for me to accept additional evidence at that stage of the review process. [48] Neither party objected to the filing by the other of its additional evidence and I read it. I find that the additional evidence submitted about the litigation matter is irrelevant to the issues to be determined in this review and reject the applicant’s submission th...

2. Barcello v Barcello - Succession to Mary Barcello (2024) 91 Te Waipounamu MB 77 (91 TWP 77) [pdf, 329 KB]

   ...XVIII Sec 90B 2 (‘the block’) in June 2000. Mary died in 2003. John and Owen say that the rest of Mary’s shares in the block were held in trust by Mary for them, and that the shares should be transferred to them accordingly. They have filed an application pursuant to s 165 of Te Ture Whenua Māori Act 1993 (‘the Act’) in pursuit of their desired outcome. This case concerns whether or not Mary did in fact hold her remaining shares in trust for John and Owen. Kōrero wh...

3. Waitangi Tribunal - Part 2 The alienation of Māori land in Rohe Potae [pdf, 5.9 MB]

   ...Armstrong of the Crown Forestry Rental Trust for allowing me the flexibility to fit part two of the report into a few weeks between commitments for the Trust. Reference staff at National Archives Wellington assisted with research - of land purchase files in particular - and staff at the office of the Maori Trustee were helpful in making their files available. I am also grateful for the assistance of Victoria University's Treaty of Waitangi Research Unit (TOWRU) at the Stout Resear...

4. [2023] NZEnvC 249 Bayswater Marina Berth-Holders Association Incorporated v Auckland Council [pdf, 3.9 MB]

   ...before the Court.2 Bayswater Marina Berth- 1 Bayswater Marina Holdings Limited v North Shore City Council A018/2009. 2 ENV-2023-AKL-000005 Takapuna Grammar School Rowing Club Incorporated v Auckland Council 4 Holders Association Incorporated3 filed a notice of withdrawal shortly before this settlement agreement was received. Their withdrawal is noted and there is no issue as to costs. This leaves only this appeal4 to determine. [7] The Court has not received any direct evidence...

5. [2007] NZEmpC AC 53/07 Hansells (NZ) Ltd v Ma [pdf, 91 KB]

   ...raise the issue of his entitlement to a severance payment if he was redeployed. In the end Mr Obeng decided not to transfer and took redundancy. I was not told whether he was paid redundancy compensation. [20] It was not until the defendant filed and served her statement of problem, dated 24 August 2006, raising a dispute under s129, that a claim for a severance payment was made. [21] Mr Walker, in additional oral evidence, confirmed that in all other respects the redundancie...

6. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

   ...determination and elected to have a full hearing of the whole matter. [2] The plaintiff raised his personal grievance alleging an unjustified dismissal on 19 February 2003 and mediation later that year did not settle the grievance. The plaintiff filed a statement of problem in the Employment Relations Authority on 12 December 2005 and an investigation meeting took place on 29 May 2006. The Authority issued its determination on 15 June 2006. [3] The Employment Court h...

7. [2015] NZEmpC 190 Brown v Adams t/a Untouchable Hair & Skin [pdf, 144 KB]

   ...EMPC 170/2015 IN THE MATTER OF an application for a rehearing BETWEEN SHANNEN CAMPBELL BROWN Applicant AND RICHARD & JENNIFER ADAMS T/A UNTOUCHABLE HAIR & SKIN Respondants Hearing: (on the papers filed on 24 June, 1 and 27 July, 18 and 25 September and 8 October 2015) Appearances: A Sharma, counsel for the applicant T Stallard, counsel for the respondents Judgment: 28 October 2015 JUDGMENT OF JUDGE B A CORKIL...

8. Payne - Estate of Hami Te Maunu (2013) 2013 Chief Judge's MB 598 (2013 CJ 598) [pdf, 303 KB]

   ...Maunu, should have also been entitled to succeed as an adopted child of Hami Te Maunu and recommended that the application be set down for hearing. Research counsel’s reports [8] At my request, Research Counsel completed a report on the file dated 9 May 2008 (RC Report 1). A further report as to the comments of the applicant in response to RC Report 1 was submitted by Research Counsel on 7 July 2008 (RC Report 2). RC Report 1 was completed on 9 May 2008. The Report reco...

9. Carley (INZ) v B [2015] NZIACDT 96 (17 November 2015) [pdf, 179 KB]

   ...reality that her practice was required to manage potential immigration fraud. [5] The Tribunal has dismissed the complaint, having found Ms B acted honestly, and in accordance with her professional obligations. The Complaint [6] The Registrar filed a statement of complaint. It set out a factual narrative, and identified potential breaches of the Immigration Advisers Licensing Act 2007 (the Act) and the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). The key elem...

10. The Māori Trustee - Pt Sec 1 Blk 1 Punakitere SD (2016) 124 Taitokerau MB 231 (124 TTK 231) [pdf, 242 KB]

    ...land since 1961 and that the land belongs to the Māori Trustee. There was no participation in the proceeding by the beneficiaries of the trust that applies to the land, being the Ngāti Moerewa hapū. The application [2] The Māori Trustee filed its application to determine the status of the land in 2012. The application was supported by a report from a local surveyor with considerable experience with Māori land, Mike Elrick of the survey firm Lands and Survey Limited. It h...