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1. [2024] NZEnvC 226 Pirirakau Tribal Authority Incorporated v Heritage New Zealand Pouhere Taonga [pdf, 323 KB]

   ...with current archaeological practice. [20] Other conditions require an on-site briefing of contractors and provision of an interim and final report of the archaeological work to HNZPT and Pirirākau. The issues [21] The parties were directed to file a statement of facts and issues. HNZPT did so on 10 February 2023. [22] HNZPT identified the following issues: (a) the historical and cultural value of the site to Pirirākau; (b) the permanent protection of the site for Pirirāka...

2. [2025] NZEmpC 48 Brown v The Clinician Holdings Ltd [pdf, 287 KB]

   CRAIG BROWN v THE CLINICIAN HOLDINGS LIMITED [2025] NZEmpC 48 [17 March 2025] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2025] NZEmpC 48 EMPC 355/2023 IN THE MATTER OF an application for a declaration under s 6(5) of the Employment Relations Act 2000 BETWEEN CRAIG BROWN Plaintiff AND THE CLINICIAN HOLDINGS LIMITED Defendant Hearing: 21–25 October 2024 Appearance

3. [2012] NZEmpC 65 Virgin Australia (NZ) Employment and Crewing Ltd (formerly Pacific Blue Employment and Crewing Ltd ) v B [pdf, 64 KB]

   ...Authority’s determination, which was given on 12 January 2012. The defendant has challenged that determination but the parties are agreed that it is now appropriate to fix costs on the first challenge, heard in August 2010. Counsel have both filed memoranda. [3] The principles applicable to the fixing of costs in this jurisdiction are settled and well known. An appropriate and convenient starting point is two thirds of the costs actually and reasonably incurred by the successfu...

4. [2009] NZEmpC AC 2/09 Lewis v Howick College Board of Trustees [pdf, 25 KB]

   ...reasons for his dismissal. Mr Harrison pointed out that this is a matter that has already been before the Authority, but he could see no objection to providing Mr Lewis a precise list of the Board’s reasons for his dismissal. He has agreed to file and serve a memorandum setting out those reasons on or before, 4pm on Thursday 26 February 2009. [18] Costs in relation to the hearing of these matters on Thursday 5 February 2009 are reserved, but I note that the hearing commenced at...

5. Kingi - Te Maika A5 (2015) 104 Taitokerau MB 103 (104 TTK 103) [pdf, 162 KB]

   ...27 January 2015 29 April 2015 (Heard at Whangarei) Judgment: 05 June 2015 RESERVED JUDGMENT OF JUDGE M P ARMSTRONG 104 Taitokerau MB 104 Introduction [1] Stewart Kingi has filed an application per s 151 of Te Ture Whenua Māori Act 1993 (“the Act”) seeking confirmation of an alienation of 0.5 shares in the Te Maika A5 block to Diane Paenga. A preliminary issue arises in this case as to whether s 148 of the...

6. Morgan v Taiaroa – Estate of Hoani Taiaroa (2015) 344 Aotea MB 176 (344 AOT 176) [pdf, 244 KB]

   ...Solicitors: Mr John Billing, RMY Legal, Private Bag 2031, New Plymouth 4342, jkb@rmy.co.nz mailto:jkb@rmy.co.nz 344 Aotea MB 177 Introduction [1] Michael Morgan has filed an application per ss 113, 118 of Te Ture Whenua Māori Act 1993 to succeed to the Māori land interests of his father Hoani Taiaroa. 1 [2] Mr Taiaroa died in 2008. He left a will dated 23 August 2007. During his lifetime he marrie

7. [2015] NZEmpC 220 Wellington Free Ambulance Service Inc v Austing costs [pdf, 67 KB]

   ...for costs BETWEEN WELLINGTON FREE AMBULANCE SERVICE INCORPORATED Plaintiff AND HAYDEN GRAEME AUSTING First Defendant AND NICOLA MARIE GIBSON-HORNE Second Defendant Hearing: (on the papers by memoranda filed on 8 October and 3 November 2015) Counsel: P McBride and G Ballara, counsel for the plaintiff J Drayton and A Webster, counsel for the defendants Judgment: 10 December 2015 COSTS JUDGMENT OF JUDGE A D FORD [...

8. ENVC Hearing 6Oct14 DM local John Alexander [pdf, 141 KB]

   ...Matiatia Bay and the Hauraki Gulf Islands and back towards Auckland. We will have a direct view of the marina, if approval is given for its construction. SCOPE OF EVIDENCE 5. I made a submission opposing the proposed marina at Matiatia and I then filed notice to join in these proceedings as a section 274 party. 6. Subsequently I agreed to become a section 274 party represented by Direction Matiatia Incorporated (DMI). I give this, my evidence, for DMI. 7. As far as possi...

9. CAC20003 v Cooper [2013] NZREADT 44 [pdf, 26 KB]

   ...the required 10 working day period had expired and without written authorisation from the parties. This is in contravention of s.123 of the Real Estate Agents Act 2008 (“the Act”). [4] Having found the charge proved, we invited the parties to file and serve further brief submissions on penalty. 2 Further Submissions on Penalty [5] Mr McCoubrey noted that at para [33] of our 28 January 2013 decision we made the following remarks: “The defendant has succumbed to finan...

10. AGE and AGH v ZVR Ltd [2012] NZDT 393 (23 November 2012) [pdf, 67 KB]

    ...operator in a similar situation to ZVR Ltd. In addition to the law of negligence, the specific obligations of road users are set out in the Land Transport Act 1988 (LTA) and the Land Transport (Road User) Rule 2004. [6] This claim has been filed against ZVR Ltd, in respect of actions by its employee who was operating the road sweeper at the time. The law relating to vicarious liability allows an employer to be vicariously liable for its employee in certain situations. [7] I...