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1. Regulatory Impact Statement Trans Tasman Proceedings Bill [pdf, 126 KB]

   ...Under the Brussels model, a court‟s jurisdiction is determined primarily by the defendant‟s domicile or by specific rules regarding particular types of claim. Where more than one court has jurisdiction, priority is decided by a „first to file‟ rule. Judgments are readily enforceable, with only limited exceptions. This option is not preferred. It was originally designed for EU Member States when all were civil law countries. Its civil law origins do not make it the best mod...

2. Trustees of Aata Paora Keretene Ahu Whenua Trust v Cherrington - Motatau 3B2B3 (2016) 122 Taitokerau MB 218 (122 TTK 218) [pdf, 195 KB]

   ...be non-exclusive. Neither Emeri nor Parata Cherrington appeared at the hearing. At the conclusion of the hearing, I directed Mr Coutts to file and serve further submissions regarding the terms of the orders sought. [4] Mr Coutts subsequently filed and served those submissions. In response, Mrs Cherrington instructed counsel, Ms Taurau, and filed an affidavit and submissions opposing the orders sought. [5] Given the issues raised on behalf of Mrs Cherrington, I set the applica...

3. [2014] NZEmpC 64 Fox v Hereworth School Trust Board No 5 Interlocutory [pdf, 142 KB]

   ...the Employment Relations Authority AND IN THE MATTER of an application for disclosure of documents BETWEEN EMMA YUEN SEE FOX Plaintiff AND HEREWORTH SCHOOL TRUST BOARD Defendant Hearing: By memoranda filed on 17 and 31 March and 11 and 14 April 2014 Appearances: B Scotland, counsel for plaintiff S J Webster, counsel for defendant Judgment: 8 May 2014 INTERLOCUTORY JUDGMENT (NO 5) OF CHIEF JUDGE G L COLGAN

4. [2014] NZEmpc 85 McCartney v Atlas Concrete Ltd and First Union [pdf, 107 KB]

   ...SHAUN MICHAEL McCARTNEY Plaintiff AND ATLAS CONCRETE LIMITED First Defendant AND FIRST UNION INC (FORMERLY THE NATIONAL DISTRIBUTION UNION INC) Second Defendant Hearing: By memoranda of written submissions filed on 22 April and 26 May 2014 Appearances: Plaintiff in person P Cranney, counsel for second defendant Judgment: 29 May 2014 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE G L COLGAN [1] In this case Shaun McCartney su...

5. Akura Lands Trust v Te Whata – Akura 1C 3B 2 (2014) 29 Takitimu MB 199 (29 TTK 199) [pdf, 128 KB]

   ...and a curtilage area around it of some 3542m2 were the subject of an occupation order in favour of Mrs Te Whata’s mother in 2006. Mrs Te Whata’s mother, Te Whakapono Edmonds, died in 2008. The Applications [2] On 11 March 2013 the trustees filed two applications. An urgent hearing was sought in respect of both. [3] The first application was for an injunction against Manu Te Whata 1 . Mrs Te Whata was formerly a trustee but was removed (along with five other trustees) in 2010...

6. Trustees of the Horina Nepia & Te Hiwi Piahana Whanau Trust v Ngati Tukorehe Tribal Committee & Tahamata Incorporation (2014) 319 Aotea MB 238 (319 AOT 238) [pdf, 186 KB]

   ...on 30 August 1978. 1 At the conclusion of that decision I invited counsel to file submissions as to costs. I note that the appeal and rehearing period has now long since expired. [2] Ngāti Tukorehe Tribal Trust (NTTC) and the Incorporation filed a joint memorandum as to costs dated 3 February 2014. NTTC do not seek legal costs against the whānau trust as they were granted special aid but do seek reimbursement from the Trust for costs in relation to witness expenses totalling $...

7. Nairn v Peebles LCRO 109 / 2010 (14 December 2010) [pdf, 100 KB]

   ...purchaser‟s lawyer on 23 June had “highlighted the issue”. Practitioner’s clarification at the review [12] The review hearing appeared to have assisted the Practitioner‟s recollection in the matter. After a closer examination of his file he modified his earlier evidence, and now accepted that there had been no telephone discussion with the Applicant at the earlier time, concerning the title or the oral agreement with the purchaser. This accorded with the Applicant‟s...

8. Kopa v Cooper - Motatau 2 Section 23A1A Block [2010] 2010 Māori Appellate Court MB 243 (2010 APPEAL 243) [pdf, 106 KB]

   ...hectares being the land surrounding the dwelling, and being an area which the appellant had developed and looked after through the years. 2010 Maori Appellate Court MB 245 Notice of Appeal from Preliminary Determination [9] The appellant filed a notice of appeal from the preliminary determination through counsel. In summary the grounds of appeal are that the Court failed to consider the extensive repairs and improvements carried out by the appellant, preferring to rely upo...

9. UX v OC LCRO 81 / 2012 (29 April 2013) [pdf, 80 KB]

   ...Committee decision, but also considering the way that the Standards Committee dealt with the complaint. The process includes a fresh consideration of the original complaint, and I have considered all of the information on the Standards Committee file and that arising in the course of the review. It was helpful to have heard from the parties at the review hearing. I will deal with the three main complaints under the headings previously mentioned. Letter of Engagement 3...

10. Brichris Holdings Limited v Irmac Builders Limited (in liquidation) [2012] NZWHT Auckland 7 [pdf, 105 KB]

    ...apprenticeship training continued with Irmac Builders Limited until terminated on 13 June 2001, after completion of construction of the concerned dwellings. [13] The relevant factual matrix was clearly set down by Mr Neilson in his affidavit filed in support of his removal application. That affidavit deposed that Mr Neilson was during the entire construction period only a trainee carpentry apprentice engaged by Irmac Builders Limited and that at all relevant times was under th...