Search Results

1. [2012] NZEmpC 83 George v Auckland Council [pdf, 95 KB]

   ...Hearing: 2 May 2012 (Heard at Auckland) Appearances: Tony Drake, counsel for plaintiff Tim Clarke, counsel for defendant Judgment: 17 May 2012 INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] Mr Drake, counsel for Ms George, filed a memorandum in which he advised that he wished to draw the Court’s attention to an actual or apparent conflict of interest on the part of the Auckland Council’s (AC) solicitors and its counsel. He sought directions from the Court c...

2. [2008] NZEmpC CC 6/08 George v Carter Holt Harvey Woodproducts Nelson [pdf, 41 KB]

   ...evidence. Neither party has sought to cross-examine any of the other party’s deponents. The evidence is therefore entirely untested. [10] I have been provided with a total of 27 affidavits. Ten of those were the affidavits originally filed in the Authority. A further 17 have been filed in the Court. I have read them all and, to the extent necessary, considered the scores of exhibits attached to them. This has proved to be a major task, not made easier by the large amou...

3. Hape v Smith - Part Te Pupuke K No 2 (Māori Reservation) (2015) 99 Taitokerau MB 174 (99 TTK 174) [pdf, 189 KB]

   ...reserve the right to amend this decision, although any such amendments will only be as to form and not as to substance and shall not change the outcome of the decision that I am about to make. Amending the application [4] The application was filed as per ss 239, 240 and 338(7) of Te Ture Whenua Māori Act 1993 (“the Act”). Given that this is a Māori reservation, it is also appropriate to exercise jurisdiction per regulation 3(f) of the Māori Reservation Regulations 1994 (...

4. Davies - Te Haroto Marae Maori Reservation (2015) 45 Takitimu MB 174 (45 TKT 174) [pdf, 438 KB]

   ...in relation to the audit and the charter however, as matters were still to be finalised, I adjourned the proceedings again. [15] A further hearing was held on 5 August 2015. 16 At that stage the audit report and the charter had not been filed. Tracy Bush confirmed that the trustees had attempted to hold meetings but certain issues remained unresolved. She requested the Court’s assistance in facilitating a meeting. I adjourned the application for further hui to be held and...

5. [2013] NZEmpC 109 Baker v St John Central Regional Trust Board [pdf, 155 KB]

   ...the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN CAROL RIRA BAKER Plaintiff AND ST JOHN CENTRAL REGIONAL TRUST BOARD Defendant Hearing: By memoranda of submissions filed on 11 and 16 April, and 1 May 2013 Appearances: Henderikus Haan, advocate for plaintiff Michael O'Brien, counsel for defendant Judgment: 19 June 2013 COSTS JUDGMENT OF JUDGE CHRISTINA INGLIS [1] The...

6. Patu – Tōrere Section 58 (2014) 95 Waiariki MB 230 (95 WAR 230) [pdf, 184 KB]

   ...Tōrere in the Eastern Bay of Plenty. The block is 355.967 hectares and it is administered as an ahu whenua trust by seven trustees. As at 2012, there were 122 owners. Application [34] This long standing application for partition was first filed pursuant to s 289 of Te Ture Whenua Māori Act 1993 (“the Act”) in October 2001 by Mr Neville Patu and Mr Rover Waiapu, trustees of Tōrere Section 58. The application was accompanied by a scheme plan for five subdivisions, approved...

7. Auckland Standards Committee v Johnston [2013] NZLCDT 30 [pdf, 182 KB]

   ...the Practitioner and that would be easily replaceable; and (c) That the investments would make a good return over a short period.” [8] There was no possibility of the practitioner repaying as he had assured given, as detailed in the report filed by one of the Law Society’s witnesses, Mr Maffey, the monies had been committed elsewhere. [9] The specific rules and regulations breached are set out in the annexed charges and we do not propose to repeat them at this point. [10] M...

8. Director of Proceedings v Pasifika Integrated Healthcare Ltd [2015] NZHRRT 25 [pdf, 177 KB]

   ...Member REPRESENTATION: Ms N Wills, Director of Proceedings Mr SE Greening for defendant DATE OF DECISION: 2 July 2015 DECISION OF TRIBUNAL [1] These proceedings under s 50 of the Health and Disability Commissioner Act 1994 were filed on 22 June 2015. [2] The parties have resolved all matters in issue and the Tribunal is asked to make a consent declaration. To that end the parties have filed: 2 [2.1] A Consent Memorandum dated 30 June 2015. [2.2] An Agreed Su...

9. Housing New Zealand Ltd v Tawhai - Te Horo 2B2B2B Residue (2011) 33 Taitokerau MB 11 (33 TTK 11) [pdf, 176 KB]

   ...Zealand Limited. [3] Housing New Zealand Limited now claims an award of between 80 and 100 percent of solicitor-client costs of $40,969.13 (including GST). Housing New Zealand Limited’s submissions [4] Mr Magee, for Housing New Zealand Limited, filed detailed submissions in support of the application for costs. In summary, he says that Housing New Zealand Limited is entitled to costs as: The application was successful and costs should follow the event. Housing New Zeala...

10. PR1 Affidavit of assets and liabilities [pdf, 141 KB]

    ...………………………………………………………………………………………………………. [Occupation] Respondent(s) [Set out full description of document (including whether it is made with or without notice), its date, the Act under which the document is filed, and, in the case of an affidavit or affirmation, the name of the deponent in whose support it is filed.] This document is filed by: [name and address for service, and, if filed by...