Search Results

1. [2018] NZEmpC 37 Edminstin v Sanford Ltd [pdf, 396 KB]

   ...further copies of the marks on the Koden and on-board computer. Second, whether Sanford had an interest in the marks, had used them in oyster seasons after Mr Edminstin’s employment ended, or had retained copies.14 [11] In the third amended statement of claim,15 the relief sought was confined to a compliance order, directing Sanford to deliver the marks to Mr Edminstin in readable form whether in electronic or hard copy. The relief sought included an order that Sanford erase a...

2. [2015] NZEmpC 202 Higgs v Monro Ltd [pdf, 161 KB]

   ...angry reaction, and one which was quite inappropriate in the workplace. Contribution was fixed at 50 per cent. This too is the subject of the challenge by Mr Higgs. Issues before the Court [14] The first pleading to be filed was Mr Higgs’ statement of claim raising a non de novo challenge in respect of remedies. This was followed by Monro’s statement of defence including a non de novo cross-challenge as to the findings made in respect of procedural unfairness. In this de...

3. LCRO 124/2017 RG v XP (4 December 2018) [pdf, 250 KB]

   ...that it was more appropriate that a local Judge deal with this matter with the full file. 3. The file included the husband’s interlocutory application to extend a notice of claim in respect of real estate property. The wife had filed a notice of defence with the promise to file her evidence by [date] August. 4. Following inquiries with the registry I was informed the wife had not filed any affidavits regarding the notice of claim action. I now know this information to have been unr...

4. Tana v Mahanga - Pukahakaha East 5B (2022) 254 Taitokerau MB 174 (254 TTK 174) [pdf, 310 KB]

   ...trust to purchase property without calling a beneficiary hui to authorise the trust to do so, that the trustees have acted in situations where there is a conflict of interest and/or nepotism, and that the trustees have made false or defamatory statements, as well as engaged in fraudulent conduct. [6] There were also allegations raised about the Pukahakaha Trust acting without a mandate on behalf of hapū, about trustees being on several other entities which brings about the compla...

5. OIA-121293.pdf [pdf, 4.8 MB]

   ...defendant could reasonably believe from the circumstances of the sexual encounter – notably “relationship expectations” that may have developed over time – that she was consenting. The Supreme Court held the first charge of rape gave no rise to defence of consent, however the other two charges of rape for the remainder of the three-year period were overturned. 5. The court held that “something more” than passivity or silence is required to indicate consent but left open what...

6. Proactive-release-Increasing-revenue-from-courts-and-tribunal-fees-_FINAL.pdf [pdf, 650 KB]

   ...consideration of the regulations 15 May Cabinet and Executive Council 19 May Publication of regulations changes in the Gazette and 28- day rule 30 May Changes come into force and fees in place 1 July 2025 Impact Analysis Regulatory Impact Statement 32 The Ministry for Regulation has determined that this proposal is exempt from the requirement to provide a Regulatory Impact Statement on the grounds that the economic, social, or environmental impacts are limited and...

7. [2023] NZEnvC 220 Federated Farmers of New Zealand v Waikato District Council [pdf, 1.7 MB]

   ...Flood ponding area Identifies areas that experience floodwater ponding in a 1% AEP rainfall event. Residual risk areas / Defended areas Identifies areas of land that would be at risk from a natural hazard event if it were not for a structural defence such as a stop bank. Coastal hazards High risk coastal inundation area / High risk coastal erosion area Identify land where there is significant risk from either coastal inundation or coastal erosion with existing sea level and co...

8. Naera v Fenwick - Whakapoungakau 24 block (2010) 15 Waiariki MB 279 (15 WAR 279) [pdf, 379 KB]

   ...Hiwinui Heke, Pirihira Fenwick, Tai Eru or Morehu, Winnie Emery and Wiremu Kingi.4 [17] According to the annual accounts to the year ending 31 March 2009 the trust has assets of $1,167,796 and liabilities of $9,897 with net assets of $1,157,899. The statement of financial performance records that in the 2009 financial year the trust made a profit of $32,799. Sadly, Mrs Emery died on 21 June 2010. Subsidiary companies [18] Tikitere Geothermal Power Co Ltd or TGL was formed...

9. Wellington v MacDonald - Te Maika B4 Residue (2008) 129 Whangarei MB 258 (129 WH 258) [pdf, 6.1 MB]

   ...prevent his sister Rose fi'om selling Te Maika B4 Residue. A hearing took placc on 20 December 2006 when I granted an interim injunction. The proceedings was then adjourned for the substanti ve claim to be considered. [3] Joseph filed a Statement of Claim dated 31 January 2007. In it he alleged that Rose rece ived the shares fi-om their father, Henare, "as a trustee for the deceased's grandchildren and great grandchildren." The pleading otherwise referred to Rose...

10. Nicholson v Pene - Tauakira No. 2M No.4 (2023) 477 Aotea MB 140 (477 AOT 140) [pdf, 442 KB]

    477 Aotea MB 140 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O AOTEA In the Māori Land Court of New Zealand Aotea District AP-20230000022798 A20200007388 AP-20230000022797 A20200006272 WĀHANGA Under Sections 18(1)(a), 18(1)(d) and 24A Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Tauakira No. 2M No. 4 I WAENGA I A Between SUSAN NICHOLSON ON BEHALF OF THE PETAERA AND POTAKA-OSBORNE WHĀNAU Te Kaitono Applic