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1. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 1 [pdf, 283 KB]

   ...immunity from tortious liability. An important consideration in this context is the degree of control that any person, including a director, had over decisions made in the construction process and the construction itself. [78] The classic statement of this is the statement of Hardie Boys J in Morton v Douglas Homes Ltd:9 The relevance of the degree of control which a director has over the operations of the company is that it provides a test of whether or not his personal...

2. Hill - Otakanini Māori Reservation (2015) 108 Taitokerau MB 76 (108 TTK 76) [pdf, 423 KB]

   108 Taitokerau MB 76 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20140009232 A20150003382 UNDER Sections 37(3), 239, 240, 338(7) and 338(8), Te Ture Whenua Māori Act 1993 Regulation 3(f), Māori Reservation Regulations 1994 IN THE MATTER OF Otakanini Māori Reservation BETWEEN PEARL HILL Applicant Hearing: 17 February 2015 25 May 2015 8 June 2015 (Heard at Auckland and Whangarei) Judgment: 14 August 20

3. [2011] NZEmpC 13 Carter Holt Harvey Ltd v EBIIWU [pdf, 118 KB]

   ...alternative approach which would result in a slightly reduced figure. 1 AA 282A/10, 23 August 2010. [3] Prior to the Authority investigation meeting, the defendants had applied for interim reinstatement, which was declined. The defendants accept that as they were unsuccessful in seeking interim reinstatement, the plaintiff is entitled to a costs contribution in respect of that application which occupied a one-day hearing. [4]...

4. [2015] NZEmpC 178 Twentyman v The Warehouse Ltd interlocutory [pdf, 116 KB]

   ...of this capital sum plus interest. [37] Until whichever of these alternatives the plaintiff elects to follow is completed, the proceeding before this Court is to be stayed with the exception that the defendant may now file and serve an amended statement of defence as it has intimated it will do, to deal with its absence of pleading to the claim for compensation for wage loss which the defendant says is barred by the accident compensation legislation. [38] Anticipating that these m...

5. ENVC Hearing 6Oct14 NPI Trust Morehu Wilson [pdf, 306 KB]

   ...seasonal occupation when groups moved from one place to another to harvest a food source at the right time of season. More permanent village sites came at a later stage as a result of the introduction of Christianity, and muskets as a valuable tool for defence purposes. Evidence of Ngati Paoa's occupation of Waiheke has been confirmed through the settlement of the Wai 10 claim, as well as the award of lands at the Te Huruhi Block of 2100 acres to Ngati Paoa claimants. The concept of...

6. Waikato Bay of Plenty Standards Committee v Parlane [2011] NZLCDT 3 [pdf, 125 KB]

   ...in these proceedings Mr Parlane has been obstructive. The record shows that he has unnecessarily compounded matters with his attitude, including unwarranted and continuing personal attacks on Law Society representatives, and his refusal to show a defence to the trust issue from the outset, during investigation. [18] The character and detail of Mr Parlane’s approach to the misconduct charge is well documented in our substantive decision4 and in our decision on penalty5. It is also note...

7. Wallis & Anor as Trustees of The Seaview Trust v Wet-Seal NZ Ltd [pdf, 117 KB]

   ...seize and sell assets belong to the judgment debtor to pay the amounts owing An order seizing money from against bank accounts A charging order registered against a property Proceeding to bankrupt or wind up a party for non- payment This statement is made as under section 92(1)(c) of the Weathertight Homes Resolution Services Act 2006.

8. LCRO 173/2017 ZD YF WP v FH [pdf, 118 KB]

   ...found himself facing professional difficulties as a result of his role as both counsel and, potentially, a witness in the proceeding. With the default judgment being set aside by the High Court in mid-2011, the complainants were at liberty to file a statement of defence and counterclaim, and eventually did so. [4] Although the High Court had expressed concern about Mr BT acting as counsel in the proceeding, he wanted to continue to act largely because it would have been uneconomic for...

9. GU v Hakaoro [2013] NZIACDT 68 (9 October 2013) [pdf, 135 KB]

   ...evaluated against that background. Accordingly, the Tribunal put its concern to Mr Hakaoro in evidence, that his account was not consistent with what the Tribunal understood to be minimum standards of professional practice. Discussion Mr Hakaoro’s defence [50] In his oral evidence Mr Hakaoro sought to justify himself on the basis he thought his client was the complainant’s sister-in-law. He said he reasonably believed he should not refund fees to the complainant, despite having re...

10. Samuels v Matauri X Incorporation – Matauri X Incorporation (2009) 7 Taitokerau Appellate 216 (7 APWH 216) [pdf, 146 KB]

    ...decision. The delay in bringing the application was a factor that counted against Mr Samuels in the substantive application. It could not be applied a second time to Mr Samuels’ disadvantage in the costs award; h) The lower Court relied on the statement of principles set out in the Māori Appellate Court’s decision in De loree v Mokomoko and others – Hiwarau C (2008) 11 Waiariki Appellate MB 249 (11 AP 249) as if they all came from Holden v Architectural Finishes Limited (...