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1. Submissions open on possible changes to the family justice system

   ...allowing people involved in care of children disputes unrestricted representation by a lawyer allowing people to make an application to the Family Court at any time and without pre-conditions establishing an effective triaging system when applications are filed in court, so cases needing urgent judicial attention are referred directly to a judge for directions introducing new roles to improve how the court deals with applications, and to support joined-up family justice services. The Panel is...

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2. ENV-2016-AKL-000206 Cato Bolam Consultants Limited v Auckland Council [pdf, 10 MB]

   ...original and 1 copy of any section 274 notice with the Court, and a direction instead that anyone seeking to join the appeal as a section 274 party may, as an alternative to complying with the usual requirements of section 274 and Form 33, be allowed to file an electronic copy of any section 274 notices by email to the Court's dedicated email address for section 156 appeals (unitaryplan@justice.govt.nz), which may be signed or unsigned, in which case no hard copy need be filed with...

3. [2011] NZEmpC 22 Bachu v Davie Motors Ltd [pdf, 86 KB]

   ...proceedings in the Employment Relations Authority (the Authority). It appears that the matter then fell further into abeyance and proceedings were not commenced in the Authority until late in November 2008. I am presuming that the proceedings were filed within the limitation period prescribed within the Act. Nevertheless, the point is not in issue because limitation has not been pleaded nor pursued by the defendant. [6] The Authority conducted an investigation meeting over two d...

4. [2012] NZEmpC 38 Munro v Hibiscus Coast Security [pdf, 112 KB]

   ...been unduly affected by the suspension. [3] The company chose not to defend the de novo challenge in this Court. Counsel was granted leave to withdraw. The hearing proceeded by way of formal proof. While briefs of intended evidence had been filed on behalf of the company in advance of the hearing, that material was not before the Court by way of evidence. Each of the plaintiff’s witnesses gave evidence and it is that evidence, together with the documentation referred to by t...

5. [2008] NZEmpC WC 19A/08 Snowdon v Radio New Zealand Ltd [pdf, 45 KB]

   ...including, but not limited to - … [3] Then followed 12 categories of documentation, much of which had already been disclosed by the defendant and inspected by the plaintiff and her agents, and which formed the basis of voluminous affidavits filed in support of these compliance proceedings. The plaintiff also sought full costs she had incurred subsequent to 7 September 2004 in achieving compliance by the defendant with its discovery obligations, including solicitor/client costs...

6. [2009] NZEmpC AC 28/09 Filta Vacuum Products Ltd v Dolan [pdf, 43 KB]

   ...EMPLOYMENT COURT AUCKLAND AC 28/09 ARC 74/08 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN FILTA VACUUM PRODUCTS LIMITED Plaintiff AND HUNTER DOLAN Defendant Hearing: By submissions filed on 14 April and 12 May 2009 Judgment: 9 July 2009 JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff, the former employer of the defendant, has challenged a costs determination of the Authority issued on 1 September 2008.

7. Ly v Navarette-Scholes [2015] NZIACDT 46 (29 April 2015) [pdf, 154 KB]

   ...caused the complainant to expect Ms Navarette- Scholes was engaged to perform immigration services. [6.1.4] On 20 May 2014, the Immigration Advisers Authority requested records of Ms Navarette-Scholes’s interactions with the complainant, including file notes, meeting notes and any documents confirming material discussions with the parties. Ms Navarette-Scholes said she had no such records, as she did not enter into any business engagement with the complainant. [6.1.5] This may establi...

8. Kotahitanga Log Haulage Ltd v Forest Distribution Ltd - Mangaroa and other Blocks incorporated (2015) 126 Waiāriki MB 14 (126 WAR 14) [pdf, 245 KB]

   ...High Court civil jurisdiction following which an order would then be made to transfer the proceedings pursuant to s 18(2) of Te Ture Whenua Māori Act 1993 (“the Act”). [4] Counsel were directed to submit memoranda as to costs. Memoranda were filed by counsel for the respondents dated 18 May 2015 and 11 June 2015, and by counsel for the applicants by memoranda dated 29 May 2015 and 22 June 2015. [5] In this decision I address whether or not costs should be awarded to the responde...

9. Gemmell - Mohaka A4 Trust (2011) 11 Takitimu MB 86 (11 TKT 86) [pdf, 109 KB]

   ...then as foreshadowed, that liability would have diminished. [14] Ms Whatuira, as the outgoing chairperson, expressed concern that the lessee of the land, a Mr John Emmerson, had now abandoned his lease. According to correspondence on the Court file from his solicitors, the reasons given for abandoning the lease included: (a) prevention of access to the property; (b) assault; (c) wilful damage to property and/or improvements on the leased land; (d) use made of the land improveme...

10. Taukiri – Parish of Karamu Lot 197A (2013) 52 Waikato Maniapoto MB 294 (52 WMN 294) [pdf, 134 KB]

    ...application came about because Kevin Taukiri contacted NZRPT to discuss issues relating to the ownership of the block. Representatives of NZRPT were invited to attend a hui with Mr Taukiri and others on 14 April 2012 but, according to the affidavit filed by James Wright for NZRPT, it was decided that NZRPT would not send a representative to the hui as it was assumed that the issues under discussion related only to 20% share of the block owned by the Māori owners. [21] Trevor and K...