Search Results

1. [2019] NZEmpC 2 Clearkin v Geneva Healthcare Ltd [pdf, 276 KB]

   ...Clearkin had hoped to be able to resolve matters with the respondent company and had waited until the last day before deciding to pursue her challenge. She was stressed and anxious and overlooked the time. In the event she was 30 minutes late in filing her statement of claim. [2] The application is not opposed. Having regard to the circumstances of the case, including the minimal extent of the delay and the reasons why the challenge was not pursued within time, I am satisfied tha...

2. LCRO 227/2015 ZM v KT [pdf, 129 KB]

   ...in respect of his complaint concerning the conduct of the respondent, Ms KT. [2] The [Area] Standards Committee [X] (ASCX), in the process of making inquiry into a number of conduct issues engaging Mr ZM, made request of Mr ZM to provide his file. [3] That request was made pursuant to s 147 of the Lawyers and Conveyancers Act 2006 (the Act). [4] That section is commonly relied on by a Standards Committee when it decides, in the course of a conduct inquiry, that it requires furth...

3. Memorandum of Counsel for Auckland Council 9 July 2018 [pdf, 4.8 MB]

   ...allan@brookfields.co.nz / adams@brookfields.co.nz PO Box 240 DX CP24134 AUCKLAND 1140 mailto:allan@brookfields.co.nz mailto:adams@brookfields.co.nz 1216011 / 638108 MAY IT PLEASE THE COURT 1. This memorandum responds to the Memorandum of Counsel filed on 6 July 2018 on behalf of six Mana Whenua groups1, seeking that a Maori Land Court Judge be appointed to the Bench as an alternate Environment Court Judge under section 252 of the RMA (Memorandum). 2. Counsel adv...

4. Cookson-Ua v Cookson-Ua - Succession to Te Waharoa Cookson Ua (2020) 64 Te Waipounamu MB 2 (64 TWP 2) [pdf, 264 KB]

   ...Ture Whenua Māori Act 1993 for succession to the Māori land interests of Te Waharoa Matenga Cookson Ua under the terms of his will dated 8 February 2012.1 [2] On 27 February 2019, the applicant, Kere Troy Cookson Ua, a son of the deceased, filed an application for a rehearing under s 43 of the Act. He claims that he and others of his siblings who were not included in the will did not receive notice of the succession application or the date for hearing. [3] Terewai Lee Cookson U...

5. Joint memorandum seeking direct referral 5 March 2020 [pdf, 3.2 MB]

   ...revisited following the close of the public submission period (as well as closer to the hearing itself). 28. Counsel note the following particular aspects of the proposed timetable: (a) The section 274 period: As the Court is aware, after the filing of a notice of motion under section 87G(2)(a), there is a 15 working-day period in which submitters may become a party to the Court proceedings under section 27 4 of the RMA. Page 6 In circumstances where direct referral is clear...

6. Kingsnorth v Crawford - Motuaruhe 5D Block (2020) 233 Waiariki MB 39 (233 WAR 39) [pdf, 189 KB]

   ...[7] Since the house was owned by Hariata Kingsnorth and succession to Hariata had not yet occurred, I stated that if those entitled to succeed to Hariata wished to vest the house in the whānau trust, an application together with consents could be filed within one month and the orders could be made accordingly. I note that no such application was filed. [8] The applicant now seeks an award of costs against the Hariata Kingsnorth Whānau Trust. The applicant is seeking orders for the...

7. LCRO 32/2020 R NB and A NB v TD (11 March 2020) [pdf, 130 KB]

   ...application for review had been lodged out of time, noting that 30 working days after 13 December 2019 was 5pm on 4 February 2020. Mr and Mrs NB’s submissions [13] Through their lawyer Ms BG, the applicants say that their application for review was filed within the required statutory timeframe. [14] They argue that s 198 of the Act provides for an application to review a Standards Committee’s decision to be lodged with this Office no later than, in effect, 35 working days af...

8. [2015] NZEmpC 62 Dynamic Meats 2014 v Hodges Allen [pdf, 91 KB]

   ...3) $6,000 compensation for hurt and humiliation. b. Tui Allen 1) $6,000 compensation for hurt and humiliation. [19] In addition, Dynamic Meats was required to reimburse the applicants the total sum of $3000 for costs and $71.56 each for filing fees. Good faith report [20] As it appeared from the Authority's determination that Dynamic Meats had not participated in the investigation in a manner designed to resolve the issues involved, the Court requested a good faith re...

9. Litchfield and Anor v The Country Cottage Co Limited [2011] NZWHT Auckland 33 [pdf, 103 KB]

   ...June 2011 Decision: 4 July 2011 PARTIAL DETERMINATION ON LIMITATION ISSUES Adjudicator: P A McConnell BACKGROUND [1] Marie Litchfield and Graham Wells are the owners of a leaky home situated in Don Buck Road, Massey. They have filed a claim against the Country Cottage Co Limited, Auckland Council, William Tunnicliffe and Blair Melvin. Country Cottage was the developer of the property and Mr Tunnicliffe and Mr Melvin were directors of that company. [2] Both M...

10. Baker v High Court (Strike-Out Application) [2021] NZHRRT 56 [pdf, 543 KB]

    (1) ORDER PROHIBITING PUBLICATION OF PLAINTIFF’S NAME (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON Reference No. HRRT 045/2021 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN SUSAN BAKER Plaintiff AND HIGH COURT OF AUCKLAND First Defendant AND NEW ZEALAND COURT OF APPEAL Second Defendant AND COMMISSIONER OF INLAND REVENUE Third Defendant AND ATTORNEY-GENERAL Fourth Defendant AT WELLINGTON BEFORE: Mr RPG...