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...White for defendant DATE OF HEARING: 17 May 2016 DATE OF LAST SUBMISSIONS: 30 May 2016 and 1 June 2016 (second plaintiff); 3 June 2016 (defendant) DATE OF DECISION: 8 June 2016 DECISION OF TRIBUNAL STRIKING OUT SECOND PLAINTIFF’S STATEMENT OF CLAIM 1 1 [This decision is to be cited as: Edwards v Capital and Coast DHB (Strike-Out Application) [2016] NZHRRT 20. Note publication restrictions. Thos...
...prescribed in an agreement dated 23 November 2007 intituled “AFFCO Wairoa agreement re: Beef Boning and Beef slaughter departmental trials November 2007” (the trial agreement). [2] AFFCO does not specifically refer to the trial agreement in its statement of defence but its case, as presented in submissions by its counsel, Mr Malone, was that the terms and conditions contained in the trial agreement expired in July 2008 at the end of the 2007/2008 season and that new terms and...
...Arbitration agreement and substantive claim before court (1) A court before which proceedings are brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting that party’s first statement on the substance of the dispute, stay those proceedings and refer the parties to arbitration unless it finds that the agreement is null and void, inoperative, or incapable of being performed, or that there is not in fact any dispu...
...Patrick Rei White (“Patrick”). [2] Taru relies on two grounds. First, he claims that Martha did not know what she was doing in making the application as she was suffering from senile dementia. Second, he claims that contrary to Martha’s statement to the Court that there was no argument amongst the family over the gifting there was in fact a significant argument. Background [3] Martha and her late husband Paddy White had five children of their own (Ihaia, Patrick, Keita,...
...Lewis challenged the determination of the Authority. Her election to challenge the determination was against the whole of the determination, and she sought a hearing de novo. Pleadings issues [8] The following remedies are sought in the statement of claim: 1. That the defendant did directly discriminate against the plaintiff. 2. That the defendant did indirectly discriminate against the plaintiff. 3. That the plaintiff should be adequately compensated for such discrimi...
...his mistakes. It was submitted that the overall severity of the breaches was relatively low. The matter did not require a formal sanction by the Tribunal. Mr Singh had been alerted to his deficiencies and had remedied them. 6 [28] A statement by Mr Singh, dated 2 October 2017, was sent by counsel to the Authority. Mr Singh confirmed counsel’s submissions. He had reflected on the matter and had the benefit of legal advice. He accepted that he had made mistakes in the w...
...Ākitai Waiohua Iwi Authority and the Chair of the Pukaki Māori Marae Committee. 3. I am the representative for Te Ākitai Waiohua Waka Taua Incorporated Society (“Te Ākitai”) on the Panuku Mana Whenua Governance Forum. 4. I provide this statement in support of the submission by Te Ākitai on the application for resource consents for the necessary infrastructure and related activities associated with holding the America’s Cup event in Auckland lodged by Panuku (“the App...
...priorities for action contained in the NZAPHR as part of their normal business. Departments are expected both to respond to requests from the HRC for relevant information in a timely manner and to identify work meeting the NZAPHR priorities in their Statements of Intent, Annual Reports, and other organisational documents. The aim is continuing dialogue between the HRC and government departments. In 2008, the Commission conducted a “mid-term” review of progress in achieving the p...
...the Court. I declined to hear from her as counsel had elected not to call her and as her evidence was unlikely to be relevant to the issues before me. [9] I set out this background to the proceedings, in part, as one ofthe Incorporation's defences is laches or delay on the palt ofMr Samuels in pursuing his claim. Background aud Factual Findiugs Title HistDlY [10] Matauri IH8 was created by partition order of the Native Land Court on 12 March 1915. On 8 March 1916 the Cour...
...the Court directed that the chairperson of the Wharekahika A47 Trust file a s 238 report. On 24 January 2020, the Court received that s 238 report from the chairperson, Mr A Henderson. He addressed the operation of the trust and its financial statements for the period 2015-2020. His report is reproduced as follows: Wharekahika A47 Trust - Report to the Court Section 238, Te Ture Whenua Māori Act 1993 He ora te whakapiri, He mate te whakatakariri. There is strength in unity, Defe...