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1. 3. Ngati Paoa Trust Board - memmorandum of counsel - 6 September [pdf, 116 KB]

   ...principles of the Treaty of Waitangi will have procedural as well as substantive implications, which decisionmakers must always have in mind. 9. On the basis of all of the above, and being aware of the issues that might arise if the Board sought to file extensive evidence at this late stage, the Board respectfully proposes, if it is joined as a party: (a) to not call evidence, but rely on legal submissions and the evidence already filed (which it can adopt to the extent necessary)...

2. Witana v Robust - Omapere Taraire E (2018) 175 Taitokerau MB 251 (175 TTK 251) [pdf, 259 KB]

   ...MB 252 Introduction [1] Rachel Witana, Taoko Wihongi, Te Tuhi Robust, Bruce Cutforth, Raniera Tau and Colleen Bermingham-Brown are trustees of the Omapere Taraire E & Rangihamama X3A Ahu Whenua Trust. Ms Witana and Mr Wihongi have filed an application to remove the other trustees from office, and the other trustees have filed a cross-application to remove them. These applications were set down for hearing on 18 and 19 July 2018. [2] Ms Witana and Mr Wihongi are repre...

3. Forrest v Chief Executive Department of Corrections (Referral back to HRC) [2014] NZHRRT 41 [pdf, 43 KB]

   ...age and 2 mental health status (Human Rights Act, s 21(1)(h) and (i)). Mr Forrest says that the purpose of the proceedings is to bring about a change to the system by having the alleged discriminatory features removed. [3] Corrections has filed a detailed statement of defence denying discrimination and now submits that there would be considerable merit to a meeting with Mr Forrest to explain the policy and why Corrections believes it is not discriminatory. The meeting would also...

4. Dowling v Jacobsen Creative Surfaces Ltd [pdf, 18 KB]

   ...claim after a two day hearing that commenced on 27 March 2008. My decision dismissing the claim was delivered on 17 April 2008. I now determine the applications by the first and second respondents for costs. I have considered the submissions filed by these respondents and the response from the claimants. 1.2 Section 91 of the Weathertight Homes Resolutions Services Act 2006 (“the Act”) provides that: (1) The tribunal may determine that the costs and expenses must be...

5. [2019] NZEmpC 156 Radford v Chief of New Zealand Defence Force [pdf, 388 KB]

   ...by the potential value of having additional submissions on the law; and that MFAT would not be seeking costs in relation to its involvement in the proceedings. [10] The possibility of this application was mooted in several pre-hearing memoranda filed by counsel for the parties which dealt with pre-hearing issues. It had been anticipated that MFAT would apply to intervene. The application is not opposed by the plaintiff, and I infer is supported by the defendant. [11] The Court un...

6. CNI Iwi Land Management Limited.PDF [PDF, 150 KB]

   ...relation to the usual requirements of the RMA as to service of this notice on other persons. Attachments 13. Waivers and directions have been made by the Environment Court in [2020] NZEnvC 063 in relation to the usual requirements of the RMA to file a copy of the appellant’s submissions and/or further mailto:PC1Appeals@waikatoregion.govt.nz TTH-102092-9-17-V2 6 submissions on PC1, the Council’s decision, and a list of the names and addresses of each person required to b...

7. 2020 NZPSPLA 021 [pdf, 84 KB]

   ...given the day to day responsibility for organising the security at Club Envy after Mr Fevers left. [6] When the Police visited the venue on 29 June 2019 Mr Biddle told them he had applied for a temporary COA. This was incorrect as he did not file his application for a temporary COA until 9 July 2019. Mr Biddle says that Mr Fevers told him to say he had applied for a COA if anyone asked. 2 [7] Mr Biddle was sent formal notification that his temporary COA had been decli...

8. 2021 NZPSPLA 016.pdf [pdf, 130 KB]

   ...31 March 2021. Mr Singh did not attend the hearing but arrived after the hearing concluded and asked for an adjournment, so he could present evidence in his support. I advised Mr Singh that I would consider holding a further hearing provided he filed a written response to the Police by 30 April 2021. Mr Singh has neither filed the information directed, nor requested an extension of the timetable for him to do so. [4] The issues I need to decide are: • Is Mr Singh still suit...

9. Auckland Standards Committee 1 v Pomeroy [2020] NZLCDT 7 [pdf, 92 KB]

   ...TRIBUNAL CONCERNING PENALTY [1] In our decision of 4 October 2019, we recorded our reasons for finding Ms Pomeroy guilty of unsatisfactory conduct for failing to comply with a request made by the Committee to produce for inspection her complete file in relation to Mr H. [2] We adjourned consideration of penalty so that she could engage with the Law Society in the hope that a plan could be settled to manage her future wellbeing. [3] At the hearing on 17 December 2019, counsel...

10. XI v N Ltd & T Ltd [2021] NZDT 1603 (3 August 2021) [pdf, 181 KB]

    ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside 20 days if you have been granted an ex...