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1. OQ v QM & ors [2024] NZDT 539 (22 July 2024) [pdf, 166 KB]

   ...to the construction work; and e) the arborist in a report prepared for the second respondent did not consider there was a significant degree of physical root disturbance “inflicted on the tree.” 8. There was considerable documentation filed including [City] Council guidelines “Working in and around Trees,” “Building on small sites – doing it Right,” email exchanges, photos and each party filed arborist reports from suitably qualified arborists. 9. In addition, th...

2. IACDT annual report 2024 [pdf, 266 KB]

   ...Tribunal for the 2023/2024 financial year. There has been an increase in the number of outstanding matters before the Tribunal from 4 (at 1 July 2023) to 33 (at 30 June 2024). This is due to a significant increase in the number of matters filed in the Tribunal, from 8 to 44. One of the reasons for the increase appears to be numerous instances of fraud in the use of the accredited employer work visa, allegedly involving some immigration advisers.1 JURISDICTION AND GENER...

3. Ngamoki-Cameron - The Proprietors of Mangaroa (2015) 119 Waiariki MB 225 (119 WAR 225) [pdf, 323 KB]

   ...Gisborne, 4040 marcia@tairawhiticlc.co.nz Dr J Turner, P O Box 2338, Auckland jwt@xtra.co.nz mailto:marcia@tairawhiticlc.co.nz mailto:jwt@xtra.co.nz 119 Waiariki MB 226 Introduction [1] On 26 November 2014 I dismissed an application filed by Carl Ngamoki-Cameron requesting an investigation into the conduct of the election for the Proprietors of Mangaroa & Other Blocks Incorporated. By decision dated 12 March 2014 I determined that the then chairperson, Eruet...

4. [2008] NZEmpC WC 2/08 Smith & Anor v Harvey [pdf, 16 KB]

   ...matter which was before the Court and that, having successfully resisted that challenge, the defendant is entitled to a modest contribution to his costs. The parties are encouraged to agree costs but, if they are unable to do so, Mrs Irwin is to file and serve a memorandum by 1 February 2008. Mr Gould is then to file and serve any memorandum in reply by 15 February 2008. [2] Memoranda have now been received from Ms Irwin and from Mr Smith on behalf of the plaintiffs in person. They...

5. [2017] NZEmpC 151 Zara's Turkish v Kocaturk [pdf, 160 KB]

   ...Christchurch 145. would be held on interest bearing deposit pending an order of the Court. An initial payment of $20,000 was proposed followed by regular payments until the whole amount was paid. Ms Hanife Kokcu, who is a director of Zara, filed a supporting affidavit explaining that proposal, but did not state the dates on which each payment would be made. [4] Ms Sharma, for the defendant, filed a memorandum opposing the application for a stay. While ostensibly Ms Kocat...

6. [2016] NZEnvC 219 Man O'War Farm Limited v Auckland Council [pdf, 112 KB]

   ...appeal with the Environment Court regarding certain provisions of the proposed Auckland Unitary Plan (,PAUP'). This appeal was lodged 30 working days outside the statutory time frame. The Appellant has applied under s281 RMA to waive the late filing. [2] MOW has also lodged an appeal with the High Court regarding (inter alia) the subject matter of the appeal lodged with this Court. The Appellant has filed the appeal with this Court out of caution and has taken this step to avoi...

7. Apostolakis v Attorney-General No.1 (Consolidation Refused) [2017] NZHRRT 46 [pdf, 157 KB]

   ...heard on 9 and 10 March 2017 but at the commencement of the hearing on 9 March 2017 Mrs Apostolakis was granted an adjournment on medical grounds. The new hearing dates allocated are 29 and 30 November 2017. [5] By application dated 27 October 2017 filed in HRRT029/17 (but not filed in any of the other proceedings) Mrs Apostolakis has sought consolidation and joinder of all of her extant claims. [6] Submissions have now been received from the Attorney-General. On 24 November 2017 Mr...

8. Apostolakis v Attorney-General No.3 (Consolidation Refused) [2017] NZHRRT 48 [pdf, 156 KB]

   ...heard on 9 and 10 March 2017 but at the commencement of the hearing on 9 March 2017 Mrs Apostolakis was granted an adjournment on medical grounds. The new hearing dates allocated are 29 and 30 November 2017. [5] By application dated 27 October 2017 filed in HRRT029/17 (but not filed in any of the other proceedings) Mrs Apostolakis has sought consolidation and joinder of all of her extant claims. [6] Submissions have now been received from the Attorney-General. On 24 November 2017 Mr...

9. [2018] NZEmpC 80 Avondale College Board of Trustees v Maday [pdf, 246 KB]

   ...Employment Relations Authority AND IN THE MATTER of an application for a stay of proceedings BETWEEN AVONDALE COLLEGE BOARD OF TRUSTEES Plaintiff AND CATRIONA MADAY Defendant Hearing: (on the papers filed on 19 June and 3 July 2018) Representation: P Pa’u, advocate for plaintiff R L White, counsel for defendant Judgment: 17 July 2018 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL: APPLICATION FOR A STAY OF PROCE...

10. Smith v Maori Trustee - Waipaoa 5A2 [2017] Māori Appellate Court MB 143 (2017 APPEAL 143) [pdf, 186 KB]

    ...have farmed the land under a lease since 1951. The lease was due to expire in 2014. [2] The Māori Trustee put the lease out to tender twice. The Smith family put in bids but were unsuccessful on both occasions. The Smith family subsequently filed applications with the Court seeking: 1 (a) A rehearing of an injunction ordered on 24 December 2014 and a permanent injunction restraining the Māori Trustee from granting the lease to the Smith-Isaac partnership; (b) An order rem...