Search Results

1. Te Whiu v King - Panguru C9, C10 and C11(2016) 128 Taitokerau MB 100 (128 TTK 100) [pdf, 229 KB]

   ...current owner on the title. On 3 July 1968 at 5 Kaitaia MB 187, the interests of Kingi Hori te Wau were vested in Harry George King as executor in terms of the deceased’s Will. On 11 July 1973 at 8 Kaitaia MB 75, the Court heard an application filed by Mr King to transfer the interests held under an executor capacity to those entitled in terms of the deceased’s Will. Mr King was determined the sole beneficiary, accordingly the interests were vested in Mr King, solely. Sale of...

2. [2020] NZEnvC 157 Hawthenden Limited v Queenstown Lakes District Council.pdf [pdf, 2.5 MB]

   ...ONL: Hawthenden [9] In regard to the Hawthenden appeal, Decision 2.3 found that "the eroded face of the scarp" is properly part of the ONL and that the boundary is properly to be positioned at the foot of the scarp.6 It directed QLDC to file, for the purposes of the court's final decision, updated planning map(s) showing its recommended adjustment of the ONL boundary to the toe of the scarp on the Hawthenden land.7 [1 OJ Following the withdrawal of Hawthenden's Hi...

3. [2010] NZEmpC 93 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 36 KB]

   ...challenge to a determination of the Employment Relations Authority BETWEEN ECOCOVER (NZ) LIMITED First Plaintiff AND MURRAY LESLIE CRUICKSHANK Second Plaintiff AND PHILIP LOUIS DUNN Defendant Hearing: By memoranda of submissions filed on 1, 15 and 18 March 2010 Judgment: 21 July 2010 JUDGMENT OF JUDGE M E PERKINS [1] This is a challenge to a costs determination of the Employment Relations Authority (the Authority). By oral judgment given on 30 November 20...

4. [2012] NZEmpC 58 Evolution E-Business Ltd v Smith [pdf, 110 KB]

   ...MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN EVOLUTION E-BUSINESS LIMITED Plaintiff AND BEN SMITH Defendant Hearing: (on the papers, memoranda filed on 14 September 2011, 12 October 2011, 22 November 2011, 14 December 2011, 19 December 2011 and 20 December 2011) Counsel: Philip Skelton, counsel for the plaintiff Defendant in person assisted by his father Mr Brian Smith JP...

5. [2009] NZEmpC CC 7/09 Heritage Expeditions Ltd v Fraser [pdf, 37 KB]

   ...returns to New Zealand, he will not be able to do so. Mr Russ also says that, if it is decided that a challenge be made, he will need access to documents which are in New Zealand and to which only he has access. [22] In response, counsel has filed a notice of opposition and an affidavit sworn by Mr Fraser. [23] The first ground of opposition is recorded as being that the Authority sent notice of reopening the matter to Heritage Travel Group Limited “when the company was still...

6. Deputy Registrar v Trustees of Okahukura 8M2C2C2B Trust - Okahukura 8M2C2C2B Trust (2015) 337 Aotea MB 101 (337 AOT 101) [pdf, 188 KB]

   ...8M2C2C2B TRUST Respondent Hearing: 331 Aotea MB 252-269 dated 18 December 2014 (Heard at Taumarunui) Date: 22 May 2015 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] In 2013 applications were filed seeking the replacement of trustees and a review of the Okahukura 8M2C2C2B Trust. Following the appointment of new trustees, on 28 April 2014, I dismissed the applications and directed that a new application be filed per s 238 to dea...

7. Ratima - Whirinaki 3 (formerly known as Whirinaki No 1 Section 2F2C) (2015) 126 Waiariki MB 73 (126 WAR 73) [pdf, 202 KB]

   ...occasions, has requested information from the trustees regarding whether his whānau consented to the Trust representing them on matters concerning the former school site. He says that it was only after he had exhausted all avenues that he resorted to filing his Court application. [17] Mr Emery further states that following the judicial conference on 5 September 2014 he has written to the Trust on behalf of his aunty, Elizabeth Emery, and himself requesting minutes of both owner/be...

8. [2014] NZEMPC 113 Hayne v ASG [pdf, 112 KB]

   ...nature of those challenges and the manner of their expression in the parties’ statements of claim that have led to problems about the nature and scope of the hearing or hearings which require resolution. [4] First in time, the Vice-Chancellor filed a statement of claim which generally followed the requirements of the Employment Court Regulations 2000 (the Regulations) and included the following paragraphs: 3. This election relates to that part of the Determination which concluded...

9. Auckland Standards Committee v Clews [2014] NZLCDT 19 [pdf, 91 KB]

   ...accepting further instructions from Mr E in the circumstances would have been quite inappropriate. He recounted that he and Mr E talked about an application to the Governor-General for a pardon. The practitioner had with him an authority to uplift files and waiver of privilege already completed, indeed he had these forms with him on both visits, and Mr E signed both authorities. [12] These were forwarded to Mr Pyke with a request that the files be forwarded to the practitioner....

10. Turner v The University of Otago (Legal Professional Privilege Claim) [2016] NZHRRT 15 [pdf, 60 KB]

    ...present case it had been agreed the “hearing” would be on the papers with the intention that the Tribunal’s ruling be given prior to the resumed hearing so the parties know what documents remain in issue. Specific directions were given as to the filing of a closed bundle containing the documents for which the University claimed privilege together with the filing of both closed and open evidence and submissions. [13] A first amended statement of claim was filed on 30 October 2015 w...