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1. Murray v Parker - Paihia 3B9B Residue [2018] Chief Judges MB 707 (2018 CJ 707) [pdf, 346 KB]

   ...land. Background [5] The Registrar’s Report and Recommendation dated 3 April 2018 sets out the background to the application. The report is reproduced in full as follows: REPORT AND RECOMMENDATION Introduction 1. This application, filed by Rex Stanaway Murray (the Applicant), seeks to cancel an order of the Court at 28 Kaitaia MB 24 (24 March 2009) determining the status of Paihia 3B9B Residue (the Paihia block) as Māori freehold land. 2. The Applicant claims the sai...

2. The Waitangi Tribunal Strategic Direction in 2020 [pdf, 7 MB]

   ...sion back in the 1990s to prioritise historical claims that could be grouped in a district for joint hearing. In addition to the backlog of generic and con- temporary claims, there were also some historical claims relating to a district that had been filed after the cut-off date for the relevant district inquiry (no more were filed after 2008). Other claims related to a district that had not seen a district inquiry (usually due to settlement negotiations). The Tribunal decided that a c...

3. Clarke v Overington - Maketu A Section 39 Block and others [2020] Chief Judge's MB 35 (2020 CJ 35) [pdf, 268 KB]

   ...Preliminary Report and Recommendation (the Report) dated 6 December 2019 sets out the background to the application. The Report is reproduced in full as follows: PRELIMINARY REPORT AND RECOMMENDATION Introduction 1. This application has been filed by Ruby Te Pae Clarke (the applicant) and seeks to: 2020 Chief Judge’s MB 37 a) amend the Registrar’s entry of status orders made on 6 September 1994 at 236 Rotorua MB 46 relating to Maketu A Section 39 Block and Lot 2...

4. [2021] NZEnvC 198 Kaiuma Farm Limited v Marberry Estate Limited [pdf, 259 KB]

   ...[Respondent] and/or Second [Respondent] to: a. Undertake stabilisation and mitigation works (at their expense) in accordance with best practice at Kaiuma Forest to stabilise the site for 1 Referred to as ‘First Defendant’ in materials filed by the parties. 2 Referred to as ‘Second Defendant(s)’ in materials filed by the parties. 3 erosion and sediment control purposes, and to ensure that any disturbed soil from the works does not migrate to waterways, following the...

5. [2021] NZEmpC 153 WN v Auckland International Airport Ltd [pdf, 226 KB]

   ...considers that the company’s decision to terminate his employment is flawed and he wants to halt the process and have the lawfulness of the company’s actions assessed before, rather than after, the decision takes effect. [2] The plaintiff filed a statement of problem in the Employment Relations Authority seeking, amongst other things, “an order prohibiting the termination of [his] employment, either by way of interim order relating to the personal grievance, or compliance...

6. Brunton v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 217 [pdf, 212 KB]

   ...didn’t want to have the biopsies taken, you did consent to this procedure. We are unable to provide cover for decisions that in hindsight wouldn’t have been made. On this basis, we respectfully decline this claim for cover. [17] Ms Brunton filed a review application against the above decision. At the Review hearing on 10 August 2021, Ms Brunton gave evidence and made submissions, and she was supported by Tracy Livingston, an osteopath, and Phillip Bolten, who practises reiki....

7. Chorenova v Accident Compensation Corporation (leave to appeal) [2022] NZACC 249 [pdf, 213 KB]

   ...21 January 2020, the appellant underwent an x-ray and ultrasound of her left shoulder. The radiologist, Dr Gilkison, concluded: No rotator cuff tendon tear. No cause symptoms identified. [17] At WellNZ’s request, Dr Pai carried out a paper file review and reported on 19 April 2020. Dr Pai said, amongst other things: She has subjective incapacity for work and therefore she requires further assessment with an MRI of her left shoulder as well as her cervical spine to identify a s...

8. MacDonald v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 202 (9 December 2024) [pdf, 235 KB]

   ...award review costs to Mr Macdonald. [19] On 26 October 2023, Judge McGuire dismissed Mr Macdonald’s appeal against the Reviewer’s decisions to uphold the Corporation’s decisions on cover and entitlements.3 [20] On 8 November 2023, Ms Koloni filed an application to recall Judge McGuire’s judgment of 26 October 2023. [21] On 16 November 2023, Ms Koloni filed an appeal against Judge McGuire’s judgment of 26 October 2023. [22] On 17 November 2023, counsel for the Corporat...

9. [2024] NZEmpC 230 Pilgrim & Ors v The Attorney General & Ors [pdf, 237 KB]

   ...dealt with in the context of the substantive hearings, such as an application by the Gloriavale defendants to exclude evidence15 (which had mixed results), and have been accounted for (in terms of time allocation) there. In relation to one step, filing opposition to evidence admissibility (step 29), the issue was resolved by consent prior to hearing. [24] Having regard to what was reasonably required in the particular circumstances for each step, I have concluded that some steps ar...

10. [2024] NZEmpC 231Aurecon New Zealand Limited v Dowlut [pdf, 251 KB]

    ...NZERA 385 (Member Szeto). Employment Relations Act 2000 (the Act). It criticised various aspects of the Authority’s process and alleged that steps were taken which were not in accordance with good faith. [9] The second challenge filed by Ms Dowlut was discussed at an initial telephone directions conference held on 19 September 2024. As I indicated in my subsequent minute, Ms Dowlut was advised that the Court could not consider the issues referred to in that proceedi...