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1. Gray & Ors as Trustees of the John Gray Family Trust v Lay [pdf, 300 KB]

   CLAIM NO: 00027 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN JOHN RAYMOND GRAY, DEAN GRIMMOND and SANDRA MAY BARRY as Trustees of the John Gray Family Trust Claimants AND No First or Second Respondents AND STEPHEN BRIAN LAY Third Respondent AND JESSOP TOWNSEND LIMITED Fourth Respondent AND AUCKLAND CITY COUNCIL Fifth Respondent AND ARCHITECTURAL WATERPROOFING LIMITED (in Liquidation) Si

2. EL1 Ltd & Anor as Trustees of the Eurolife Trust v Lay [pdf, 290 KB]

   CLAIM NO: 00932 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN E L 1 LIMITED and M & H TRUSTEE SERVICES LIMITED as Trustees of the Eurolife Trust Claimants AND No First or Second Respondents AND STEPHEN BRIAN LAY Third Respondent AND JESSOP TOWNSEND LIMITED Fourth Respondent AND AUCKLAND CITY COUNCIL Fifth Respondent AND ARCHITECTURAL WATERPROOFING LIMITED (in Liquidation) Sixth Respond

3. Shepherd & Ors as Trustees of the Bell Shepherd Family Trust v Lay [pdf, 288 KB]

   CLAIM NO: 00939 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN MICHAEL DAVID SHEPHERD, FIONNA MOANA ANNE BELL and TODD WILLIAM HUNTER as Trustees of the Bell Shepherd Family Trust Claimants AND No First or Second Respondents AND STEPHEN BRIAN LAY Third Respondent AND JESSOP TOWNSEND LIMITED Fourth Respondent AND AUCKLAND CITY COUNCIL Fifth Respondent AND ARCHITECTURAL WATERPROOFING LIMITED (

4. Decision-of-Coroner-B-Windley-as-to-Scope-of-Issues-for-Inquiry-28-4-22-signed.pdf [pdf, 1 MB]

   ...inquiry is prescribed by the Act and it is well established that an inquest is a fact-finding exercise, not a method of apportioning guilt. [48] This is consistent with the approach in other common law jurisdictions. For example, the Court of Appeal for England and Wales in Coroner for the Birmingham Inquests (1974) v Hambleton observed:32 A decision on scope represents a coroner’s view about what is necessary, desirable and proportionate by way of investigation to enable the...

5. Waitangi Tribunal - Part 2 The alienation of Māori land in Rohe Potae [pdf, 5.9 MB]

   ...parts ofRangitoto Tuhua. The commission report explained that in every step of this process of subdivision, the Court had to progressively ascertain tribal, hapu, family and then individual interests. Necessary delays were required to dispose of appeals, or allow title to mature, or have surveys made before further subdivision could take place. At each stage further partitions might be required to recover, in land, costs associated with litigation and surveys. The Court focus for this...

6. [2010] NZEmpC 90 NZ Fire Service Commission v Warner & Ors [pdf, 60 KB]

   ...problem. It is “any other problem relating to or arising out of an employment relationship”. The expansive rather than restrictive interpretation of the phrase “relates to” in this legislation has been recently reaffirmed by the Court of Appeal in Haig v Edgewater Developers Ltd & Ors (No 2).8 [36] I conclude that s 161(1)(r) gives the Authority exclusive jurisdiction to make determinations about an employment relationship problem between these parties and, in particul...

7. [2010] NZEmpC 156 Raukura Hauora o Tainui Trust v Nathan [pdf, 53 KB]

   ...proof. This issue becomes crucial in a case like the present where considerable reliance is placed on circumstantial evidence. The leading authority on the topic is Honda New Zealand Ltd v New Zealand Boilermakers’ etc Union,3 where the Court of Appeal reaffirmed that where what is at issue in a civil case is the alleged commission of a criminal offence, the standard of proof, while still based on the balance of probabilities, requires the evidence in support to be as convincing i...

8. [2009] NZEmpC CC 8/09 Safe Air Ltd v Walker [pdf, 56 KB]

   ...Safe Air’s email policies until he became aware on 9 September 2008 that he was under investigation and acquainted himself with them. [35] In Chief Executive of the Department of Inland Revenue v Buchanan (No 2) [2005] ERNZ 767, the Court of Appeal rejected the proposition that ignorance of significant employment obligations meant that breach of those obligations could not be regarded as serious misconduct. It found that the proper approach is to consider whether, in all the ci...

9. CAC 10036 v Hume [2011] NZREADT 37 [pdf, 142 KB]

   ...Hume 10 days after receipt of the CAC’s submissions. Any comments by the CAC strictly in reply may be filed 2 days after receipt of Mr Hume’s response. [33] In accordance with s 113 of the Act the Tribunal advises the parties of the right to appeal this decision to the High Court pursuant to s 116 of the Act. DATED at WELLINGTON this 7th day of December 2011 ______________________________ Ms K Davenport Chairperson ______________________________ Mr G De...

10. Committee on the Elimination of All Forms of Racial Discrimination – summary record 12th-14th reports (continued) [pdf, 125 KB]

    ...information on the international legal status of the Cook Islands and to indicate whether New Zealand had arrested any individuals involved, directly or otherwise, in the attacks of 11 September 2001. 30. Mr. THIAM asked whether there were any remedies of appeal against decisions taken by the Attorney-General. He asked whether a victim of racist acts could apply to the Race Relations Conciliator if the Attorney-General deemed his or her complaint inadmissible. 31. Mr. PILLAI welcomed t...