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  1. Appellate court judgments

    The Court of Appeal and Supreme Court decide cases that have general importance for practitioners of employment law, as well as the parties. You can find the judgments of the Court of Appeal and Supreme Court on the sidebar pages below by year issued.

  2. [2006] NZEmpC AC 51/06 Fuiava v Air New Zealand Ltd [pdf, 118 KB]

    ...She had received a formal written warning. [35] The Authority found that there was a prima facie case of disparity of treatment in the way Ms Barrett and the call centre employee had been treated. It referred to the decision of the Court of Appeal in Samu v Air New Zealand Ltd [1995] 1 ERNZ 636 which stated that the onus was on the employer to explain the disparity. The explanation was that the call centre employee was not being held to as high a standard as the Cargo employee...

  3. Trustees of Te Ngae Farm Trust v Trustees of the Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 118 Waiariki MB 92 (118 WAR 92) [pdf, 280 KB]

    ...every trust constituted under this Part the court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. 118 Waiariki MB 98 [20] In Clarke v Karaitiana the Court of Appeal examined the considerations relevant to the appointment of trustees: 10 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individua...

  4. Marumaru v Waipakuranui Incorporation (2012) 279 Aotea MB 137 (279 AOT 137) [pdf, 294 KB]

    ...5 October 2010 determining the land to be investment land satisfied s 256(1). Mr Bell further requested that, since the opinion of Mr Fiest was that the land was General land, the Court direct the completion of the investigation. [57] As an appeal had already been filed with the Maori Appellate Court before this Court could consider Mr Bell‟s application, it declined to deal with the issues as suggested pending the outcome of that appeal. Appeal to the Māori Appellate Court...

  5. Wall v The Maori Land Court - Tauhara Middle 15 Trust and Tauhara Middle 4A2A Trust [2010] 2010 Maori Appellate Court MB 55 (2010 APPEAL 55) [pdf, 175 KB]

    ...CHARLES TE REOWHAKAKOTAHI WALL MAC A20090002091 29 March 2010 IN THE MAORI APPELLATE COURT OF NEW ZEALAND WAIARIKI DISTRICT 2010 MAORI APPELLATE COURT MB 55 A20090002091 UNDER Section 58, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Appeals pursuant to section 58 of Te Ture Whenua Māori Act 1993 against a decision of the Māori Land Court dated 18 December 2008 in respect of TAUHARA MIDDLE 15 TRUST and TAUHARA MIDDLE 4A2A (MOUNTAIN RESERVATION) TRUST BETWEEN...

  6. AB v CD LCRO 332/2013 [pdf, 264 KB]

    ...is referred to by its most recent name, [Insurer]. 2 2005 to 2007 [4] In August 2005 Mr CD represented Mr [EF] in relation to criminal offending. A jury found Mr [EF] guilty, and he was sentenced to three years imprisonment. Mr [EF] appealed against the conviction. [5] One of the grounds of Mr [EF]’s appeal was that Mr CD’s representation of him had been inadequate. He contended Mr CD had not led evidence that was available, and which demonstrated Mr [EF]’s innoc...

  7. Clarke v Gray - Poukawa 9G Trust (2016) 48 Takitimu MB 182 (48 TKT 182) [pdf, 346 KB]

    ...submissions [27] Ms Bennett submitted that as a consequence of the closing of the earlier applications, the decision of the Court issued on 14 February 2011 remained unfulfilled. She argued that the findings made in that 2011 decision have not been appealed and can therefore be considered findings of fact and law. Ms Bennett submitted that it was the clear expectation of the applicant that once the report of Mr Gray had been completed, it would be referred to all affected parties...

  8. July 2019 Outstanding Applicaitons [pdf, 772 KB]

    ...Island MB 54-55 (21/1/1970), 46 South Island MB 232-233 (21/5/1970), 46 South Island MB 254 (20/5/1970) and 45 South Island MB 16-19 (23/5/1969) - Application to the Chief Judge A20190002966 58/93 Bruce Anderson Bamber, Kathleen Mata Bamber Appeal 2019/5 - Tahorakuri A No 1 Section 33A2 Block - against a reserved judgment made on 22 February 2017 at 157 Waiariki MB 173-176 - Notice of appeal and to appeal out of time A20190003142 45/93 Joyce Ruland CJ 2019/6 - Estate of Marsh T...