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1. Motu v Rapihana - Pukepoto 8B15B3B Residue (2022) 256 Taitokerau MB 150 (256 TTK 150) [pdf, 242 KB]

   ...Judgment of Judge T K T A R Williams 256 Taitokerau MB 191 Hei tīmatanga kōrero Introduction [1] On 12 December 2022, Ms Heather Motu on behalf of the Te Oti Rapihana Ahu Whenua Trust (“the Trust”) filed an application under s 19(1)(a) of Te Ture Whenua Māori Act (“the Act”) seeking an injunction preventing Mr Norman Rapihana (“the Respondent”) from doing any building or works in relation to a water tank which it is alleged t...

2. [2022] NZEmpC 190 Te Whatu Ora – Health New Zealand v Culturesafe NZ Ltd (in liq) [pdf, 252 KB]

   ...application for an extension of time to apply for leave.1 [5] In those circumstances, I now discharge the order of stay made on 24 May 2022. [6] I reserve costs. Protest as to jurisdiction [7] On 14 June 2022, an amended statement of claim was filed and served by Te Whata Ora – Health New Zealand (Health NZ). [8] On 27 June 2022, Mr Halse filed an appearance under protest as to jurisdiction. On 11 July 2022, Health NZ filed an interlocutory application to set aside the pro...

3. Piahana v Makea - Estate of Philip Makua Makea [2016] Chief Judges MB 977 (2016 CJ 977) [pdf, 345 KB]

   ...leowatson@paradise.net.nz Cara Bennett, Langley Twigg Law, PO Box 446, Napier 4140 cara@langleytwigg.co.nz mailto:leowatson@paradise.net.nz mailto:cara@langleytwigg.co.nz 2016 Chief Judge’s MB 978 Introduction [1] Keni Parata Piahana filed an application pursuant to s 45 of Te Ture Whenua Māori Act 1993 (the Act) to cancel a succession order made on 12 May 2000 at 160 Napier MB 30-31 in relation to the interests of Philip Makua Makea (the deceased) in the Karamu Gb (B...

4. [2019] NZREADT 40 - Catley & Boyle - Ruling [pdf, 402 KB]

   ...ESTATE AGENTS AUTHORITY (CAC 521) First Respondent AND MARGARET and ROBERT FLANAGAN Second Respondents On the papers Tribunal: Hon P J Andrews (Chairperson) Mr J Doogue (Member) Mr N O’Connor (Member) Submissions filed by: Mr T Rea, for Mr Catley and Mr Boyle Mr M Hodge and Ms E Mok, for the Authority Mr P Wright, for Mr and Mrs Flanagan Date of Ruling: 24 September 2019 _________________________________________________________________...

5. LCRO 23/2018 SB v ES (31 October 2019) [pdf, 129 KB]

   ...[5] In February 2008, Mr and Mrs SB provided Mr ES with instructions to prepare new wills. Mrs SB maintains that Mr ES was instructed at that time to change the title of the home from a tenancy in common back to a joint tenancy. [6] Mr ES made a file note recording his instructions and forwarded draft copies of the wills he had prepared to Mr and Mrs SB for comment. [7] On 27 January 2010, Mr ES received further instructions from Mr and Mrs SB to amend their wills. [8] On 28 Janua...

6. [2009] NZEmpC WC 1/09 Idea Services Ltd v Warren Collins [pdf, 11 KB]

   ...JUDGMENT OF JUDGE C M SHAW [1] The intended plaintiff in these proceedings seeks leave to bring a challenge 4 days out of time. The defendant has advised the Court that he will not contest the challenge. [2] The plaintiff’s solicitors have filed an affidavit setting out the circumstances of the delay in filing the challenge. [3] The Employment Relations Authority issued a costs determination on 12 December 2008. The solicitors took instructions from the plaintiff to chall...

7. [2015] NZEmpC 40 Ritchies Transport v Merennage [pdf, 69 KB]

   ...Relations Authority AND IN THE MATTER of a stay of proceedings and an application to amend pleadings BETWEEN RITCHIES TRANSPORT Plaintiff AND KEERITIHI MERENNAGE Defendant Hearing: By consent memorandum filed on 30 March 2015 Appearances: G Mayes and K Amodeo, counsel for plaintiff H White, counsel for defendant Judgment: 31 March 2015 CONSENT JUDGMENT OF JUDGE CHRISTINA INGLIS [1] Counsel have filed a joint mem...

8. LCRO 85/2016 BA v FE [pdf, 280 KB]

   ...discussion between the LSO and Mr FE in connection with Miss BA’s complaint. During that discussion Mr FE denied the conduct issues and said that he did not wish to respond further. 4 [18] Those comments were recorded in a typewritten file note prepared by the LSO, as follows: [H]e denied the conduct issues. Informed him preliminary view NFA and reasons, offered opportunity to respond – he content not to respond. [19] This file note formed part of the material befor...

9. 2024] NZEmpC 195 Smalley v Hamilton Hindin Greene Ltd [pdf, 297 KB]

   ...per cent shareholding. During the process of valuation of his shares, Mr Smalley says he became aware that he had been underpaid HA entitlements as an employee, as well as contractual salary or wage entitlements. [5] In June 2021, Mr Smalley filed a statement of problem in the Authority raising his claims. He filed an amended statement of problem on 20 July 2022. In it he pleaded that during his employment, he had been remunerated at 40 per cent of revenue he generated in each...

10. [2013] NZEmpC 146 Strawberry Tree Ltd v Tuckett & Parr [pdf, 65 KB]

    ...2012 1 , upheld the defendants’ claims. The plaintiff was ordered to pay Ms Tuckett $620 for wages and $3,934.75 for holiday pay. Mr Parr was awarded $640 for wages and $1,147.70 for holiday pay. [4] On 28 November 2012, Mr Kavanagh filed a filed a statement of claim on behalf of the plaintiff. In that original statement, the plaintiff sought to challenge only some parts of the Authority’s determination. In it, Mr Kavanagh said I am happy to pay holiday pay but I hav...