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1. CAC20007 v Jarman [2015] NZREADT 66 [pdf, 157 KB]

   ...resulting in a profit to the defendant of $48,000. 9 Smith Avenue, Huntly [19] By email dated 23 June 2011, Mr Osborne asked Ms Jarman to provide a market appraisal for 9 Smith Avenue, Huntly. No appraisal has been located, either on the HNZ file or the Century 21 file. By 7 July 2011 email, Mr Osborne instructed Ms Jarman to list 9 Smith Avenue at $90,000. [20] HNZ again received its own valuation of the property from QV Valuations. That 28 June 2011 valuation was for $80,000. A...

2. Whaanga v Whaanga - Town Section 90 Mahia and Town Section 91 Mahia (2014) 42 Tairawhiti MB 292 (42 TRW 292) [pdf, 202 KB]

   ...Copies to: Cara Bennett, Langley Twigg Law, PO Box 446, Napier cara@langleytwigg.co.nz Peter Nee Harland, PO Box 8025, Havelock North mailto:cara@langleytwigg.co.nz 42 Tairawhiti MB 293 Introduction [1] There are applications filed by the Trustees of the Ihaka Whaanga Whānau Trust in respect to Town Section 90 Mahia and Town Section 91 Mahia block (Sections 90 and 91) seeking the following orders pursuant to Te Ture Whenua Māori Act 1993 (TTWM): (i) sections 20(a

3. Tahata v Tahata - Proprietors of Ngāwhakatutu A1A (2015) 49 Tairawhiti MB 251 (49 TRW 251) [pdf, 214 KB]

   ...Incorporation’s lessee. Furthermore, the respondents stated that the majority of the CoM have attempted to work collaboratively together. [21] The respondents allege that the current application was made in retaliation to the previous application filed by Fleur Lee Tahata for the removal of the Ben Morris Tahata from the CoM. It is stated that if the applicant wishes to proceed with the application for the respondent’s removal from the CoM, then costs will be sought. Court hea...

4. [2013] NZEmpC 58 O’Hagan v Waitomo Adventures Ltd [pdf, 125 KB]

   ...defendant counter-challenged in relation to various allowances, holiday pay, a bonus and salary increase. The counter-challenge succeeded. I invited the parties to agree to costs if possible. They have been unable to do so, and counsel have filed memoranda in relation to the issue. [2] The defendant seeks costs in respect of the challenge and counter-challenge. It submits that the usual starting point, of 66 per cent of actual and reasonable costs, should be uplifted to reflect...

5. Green – Trustees of Te Kou Tiaki and Tangi Ataahua Green Whanau Trust (2014) 92 Waiariki MB 183 (92 WAR 183) [pdf, 213 KB]

   ...Māori land interests in favour of Te Kou Tiaki Green also known as Jack Green and Te Ata Koroheke in equal shares. 1 This matter became the subject of a s 45 application and was dealt with as follows: 2 Deputy Chief Judge The application filed on behalf of Te Ata Koroheke seeks a variation of the succession order made on the 18th May 1979 (192 Rotorua Minute Book 159-160) whereby the interest of Tangiwairangi Retimana in Orete L No. 2, Orete L No 3B, Orete H No. 2B and Orete K N...

6. Waititi v Ruha - Orete D1 Block (2011) 28 Waiariki MB 166 (28 WAR 166) [pdf, 134 KB]

   ...Counsel for the respondents [9] Mr Bidois for the Ruha whānau essentially submitted that: The rehearing cannot be granted on the Court’s own motion as it would be ultra vires s 43 of the 1993 Act. It was also submitted that while the Registrar filed the application in this case, that application was filed following a direction from the Court. While not agreeing with the submission, the Court recognised it has the power to make appropriate orders without a rehearing under s 2...

7. [2015] NZEmpC 38 Davis v Commissioner of Police [pdf, 109 KB]

   ...with by the Judge who presided at the hearing but in this case, as soon as Judge Perkins noted the grounds relied upon, he advised the Registrar that it would not be appropriate for him to deal with the application and he gave directions for the file to be referred to another Judge. The legal position [10] The grounds upon which this Court may order a rehearing are set out in cl 5 of Sch 3 to the Employment Relations Act 2000 (the Act) which provides: 5 Rehearing (1) The...

8. Deputy Registrar - Ohawini A6 (2011) 21 Taitokerau MB 172 (21 TTK 172) [pdf, 187 KB]

   ...registry to seek its assistance in locating the owner or the owner’s successors. At the time, the Council was considering its options in recovering the rating debt, including the possible sale of the land. [2] The Deputy Registrar subsequently filed an application under s 131 of Te Ture Whenua Māori Act 1993 (―1993 Act‖) to determine the status of the land and began making enquiries to identify Haora Areka or his descendants. [3] The application first came before me on 24 Au...

9. Auckland Standards Committee v Witehira [2012] NZLCDT 5 [pdf, 107 KB]

   ...facilitate the operation of his practice through his practice attorney. [16] After its enquiry was completed, the Standards Committee determined that the matter should be referred to the Tribunal, and the misconduct charge was laid. Mr Witehira filed a formal response.2 In that response he admitted the misconduct and the facts alleged in support of the charge. He also filed an affidavit providing some detail regarding his practice history and his personal background and financia...

10. Sisley & Anor v CAC 301 & Anor [2014] NZREADT 89 [pdf, 65 KB]

    ...them from making a future application under section 108, which it is submitted would merit consideration in the circumstances. 22 The appellants acknowledge that there is no automatic right to name suppression simply because an appeal has been filed. However, for the reasons set out above it is submitted that, in the unique circumstances of this case, the public interest in publication is outweighed by the hardship that would be suffered, and the interim orders sought should be made.�...