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1. 2017 NZSSAA 055 (9 October 2017) [pdf, 100 KB]

   ...believes he should have been given some assistance to pay for an accountant to compile the statements and said that he had to borrow to pay for his medical certificate. [12] Mr XXXX says that when he tried to have his medical certificate put on his file the certificate was not accepted. At the hearing he presented photographs of the medical certificate lying on the counter and of the staff. [13] He says that WINZ broke the law by not accepting his medical certificate and refe...

2. Chand v Shearer [2016] NZIACDT 57 (21 September 2016) [pdf, 279 KB]

   ...Shearer breached her professional obligations. [2] The complaint was that Ms Shearer did not file a request for a visa for some three months after getting instructions to do so. She misled her client, and her client’s employer, saying she had filed the request when that was not true. The complaint was that Ms Shearer was negligent in the delay in filing the request, and engaged in dishonest and misleading behaviour. [3] Ms Shearer accepted the grounds of complaint, and explained...

3. Kerehoma v Haeta-Kuku - Estate of Kenneth James Haeata-Kuku (2017) 65 Tākitimu MB 23 (65 TKT 23) [pdf, 325 KB]

   ...Church Street, Masterton. 65 Tākitimu MB 24 Introduction [1] On 3 February 2016, I made orders for succession to the Māori land interests of Kenneth James Haeata-Kuku.1 [2] A rehearing took place on 9 December 2016.2 Final papers were filed by the parties on 22 September 2017. The issue on rehearing was whether I was right to set aside the provision in Kenneth’s will, by which he gifted his Māori land interests to Charmaine Paulette Mihi Kerehoma. Background...

4. Naidu v Royal Australasian College of Surgeons (Costs) [2018] NZHRRT 33 [pdf, 95 KB]

   ...for costs. His actual costs and disbursements are $30,114.31 but indemnity costs are not sought. Rather, Dr Naidu seeks an award of $10,000 as a reasonable contribution. [4] The essence of Dr Naidu’s application is that his key motivation for filing these proceedings was to obtain clear information which would allow him to understand why he had failed the selection process. He says that had RACS provided that information in a timely manner, filing of the claim before the Tribun...

5. [2020] NZEmpC 202 A Labour Inspector of the Ministry of Business, Innovation and Employment v NewZealand Fusion International Ltd [pdf, 213 KB]

   ...defendant, NewZealand Fusion International Limited (NZFI Ltd), is unable to pay the compensation orders against it. This was admitted by Martin Lyttelton, who, as sole director of NZFI Ltd, appeared on its behalf at the hearing. [7] Mr Lyttelton filed affidavits sworn by him in support of the application for rehearing. NZFI Ltd has been placed in voluntary administration under the Companies Act 1993. In his affidavit sworn on 25 February 2020, Mr Lyttelton stated: “Clearly th...

6. Rihari v Auckland -Takou Trust Ahu Whenua Trust (2020) 220 Taitokerau MB 136 (220 TTK 136) [pdf, 227 KB]

   ...Kaikohe) Whakataunga: Judgment date 20 November 2020 TE WHAKATAUNGA Ā KAIWHAKAWĀ M P ARMSTRONG Judgment of Judge M P Armstrong 220 Taitokerau MB 137 Introduction [1] Doreen Rihari has filed applications against the trustees of the Takou Trust seeking to enforce their obligations and to remove them for cause. In December last year, a special general meeting (SGM) was held where an election was conducted. The trustees s...

7. [2021] NZEmpC 78 Alkazaz v Enterprise IT Ltd [pdf, 208 KB]

   ...6 Relied on by virtue of Employment Court Regulations 2000, reg 6. [11] The special circumstances in r 7.28 are not defined but they were considered by the Court of Appeal in Kidd v van Heeren.7 That case involved contested affidavits filed in an interlocutory application seeking to dismiss or stay the proceeding. A document relied on by one of the parties was alleged to have settled all disputes.8 Serious allegations were made including claims of extortion and blackmailin...

8. [2017] NZEnvC 143 Nelson City Council [pdf, 882 KB]

   ...has since been reduced to 73m2 . 2 [3] The period for filing objections to the road stopping expired on 4 August 2014 and seven objections were received by the Council. 1 [4] According to an affidavit in support of the road stopping proposal filed by Ms S D McAuley (an engineer and advisor in the Council's Asset Management Team) the matter was not "meaningfully progressed until November 2015."2 After discussions one of the objections was withdrawn. [5] During th...

9. Edwards v Winitana - Matera Ahu Whenua Trust (2017) 165 Waiariki MB 88 (165 WAR 88) [pdf, 152 KB]

   ...Respondent COLIN HOLMES Interested party Appearances: D Dowthwaite for J Edwards R Zwaan for V Winitana C Holmes in person Judgment: 28 June 2017 RESERVED JUDGMENT OF JUDGE C T COXHEAD AS TO THE APPLICATION FILED BY VERNON WINITANA TO WITHDRAW FROM PROCEEDINGS Copies to: R Zwaan, Zwaan Legal PO Box 1127 Wellington; robyn@zwaanlegal.com D Dowthwaite, Dowthwaite Law DX JP30009 Rotorua; lawyers@xtra.co.nz C Holmes,...

10. Toki - Estate of Pera Rogers or Apreahama (Pera) Tutanekai Pokaihau (2005) 110 South Island MB 208 (110 SI 208) [pdf, 1.5 MB]

    ...Lesley Anne Moka and Edward Rodgers. I have the discretion under section 115/93 to make an order that a whangai is entitled to succeed to a deceased's Maori land interests. I cannot however exercise this discretion where no evidence has been filed on the whangai status of Michell Moka, Lesley Anne Moka and Edward Rodgers. Therefore, these whangai have, for the present time, been excluded from the provisional list of successors in Schedule 1. If Michell Moka, Lesley Anne Moka and Ed...