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1. Sargent - Ngatekawa Block (2008) 126 Whangarei MB 134 (126 WH 134) [pdf, 658 KB]

   ...resolutions to the establish an aim whenua trust, to appoint trustees and to determine any special terms of the trust. [4] The application was ne},,'t heard by me on 9 October 2007. The agents had convened a meeting of owners however they had not filed anything confirming adveltising of the meeting or copies of the minutes or consents of the trustees. The application was adj oUl1led for that the take place. [5] The application was next heard on 23 November 2007. Minutes of th...

2. [2016] NZEmpC 173 Lyttelton Port Company Ltd v Maritime Union of NZ Inc [pdf, 222 KB]

   ...that Parliament had intentionally left this issue to be dealt with on a case by case basis. I respectfully agree with this analysis and observe that the issue is one of fact and degree. [34] Mr Goldstein essentially submitted that the evidence filed for LPC on this point was scant and bereft of detail; if anything it tended to establish that the consequences of the strike would only affect LPC and its customers, rather than the general public. [35] Mr Parker, the Container Te...

3. [2018] NZEmpC 26 A Labour Inspector v Victoria 88 Ltd [pdf, 484 KB]

   ...of which Mr Freeman was a director on a forfeiture clause which was said to be illegal. Initially, Victoria 88 and Mr Freeman contended that the deductions were legally permissible. [4] Shortly before the application was to be heard, counsel filed a joint memorandum which stated that the parties had reached agreement as to certain facts, as to declarations of breach which the Court should make, and as to the imposition of banning orders; they also made a “recommendation” as to...

4. Te Manutukutuku issue 72 [pdf, 2.9 MB]

   ...to complete its hearings early next year and Porirua ki Manawatū will shortly start its next round of hearings. A substantial number of local his­ torical claims have fallen outside the Tribunal’s district inquiries, often because they were filed too late for inclusion. In areas where the Tribunal has not held a district inquiry, some have fallen outside Treaty settle­ ments and current negotiations. For these remaining historical claims, the Kia ora tatou. It is again my pleas...

5. [2018] NZEmpC 83 Kaikorai Service Centre Ltd v First Union Inc [pdf, 904 KB]

   ...full from the Authority AND IN THE MATTER of a challenge to objection to disclosure AND BETWEEN KAIKORAI SERVICE CENTRE LIMITED Plaintiff AND FIRST UNION INCORPORATED Defendant Hearing: On the papers filed 20 & 25 June 2018 Appearances: T Oldfield, counsel for the plaintiff P Cranney, counsel for the defendant Judgment: 23 July 2018 INTERLOCUTORY JUDGMENT OF JUDGE K G SMITH DISCLOSURE...

6. [2021] NZACC 35 - Kinney v ACC (15 February 2021) [pdf, 202 KB]

   ...inflammatory traumatic event. [61] Mr Evans submits the appeal should be dismissed. Decision [62] Over the relevant period from December 2016 to February 2017, the appellant had two claims accepted by ACC. Although various documents on the file suggest otherwise, it is reasonably clear that the appellant injured himself on 11 December 2016 while in the process of removing a yunca log burner off the hearth. He was granted cover for that injury which was described in the claim...

7. [2020] NZREADT 51 - [Appellant] v Real Estate Agents Authority (21 October 2020) [pdf, 309 KB]

   ...renewal of the agency agreement that the appellants had been given this advice orally when the initial agency agreement was signed, and there was a written recommendation in the renewal agreement; [d] it was inconsequential that Ms Foster had filed to provide [the Appellant] with a copy of the amendment agreement, as it was replaced the same day by the renewal agreement; [e] Mr Kidd was not obliged to report Ms Foster’s conduct to the Authority; and 5 At paragraph 3.29....

8. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 163 Aotea MB 99 (163 AOT 99) [pdf, 1.4 MB]

   ...trustees to ensure their obligations are fnaintained and that the assets and property oftne Trust are protected. Review application hearing: 15 November 2005 [43] At the last hearing of these matters on 15 November last - a review application :filed by Mr WJ Taueki - he implored the Court to appoint Mr Mark Stevens as sole responsible trustee. In Mr Taueki's submission the only realistic prospect of progress regarding all of the issues surrounding the Lake was for the Court to...

9. Ngatai v Johnson - Tokata A4 (2005) 290 Rotorua MB 19 (290 ROT 19) [pdf, 1.2 MB]

   ...interesting to note that the shares owned by Harry Johnson remained in his estate for almost seventeen years after his death. Harry Johnson died in the mid 1980's and Tom Ngatai approximately three years later. The application as originally filed, sought an order under section 18(1)(i) of Te Ture Whenua Maori Act 1993, (all section references are to that Act, unless otherwise stated), declaring that shares equivalent to 10 acres in Tokata A4 and owned by the successors to Harry...

10. [2018] NZEnvC 180 McKay [pdf, 752 KB]

    ...possibilities. Having heard them, I appointed Dr K A Palmer, latterly an Associate-Professor of Law at the University of Auckland and an acknowledged authority on resource management law, to act as amicus curiae. I also made directions for the filing and exchange of legal submissions in advance and for the opportunity to file and serve further evidence. The scope of the issue [17] The declaration as sought is deceptively simple in its terms. The statutory framework of the Act in...