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1. [2022] NZEmpC 40 Ngawaka v Global Security Solutions Ltd [pdf, 219 KB]

   ...[7] A resignation by an employee may be regarded as a dismissal where it was the result of some adverse action by the employer, commonly known as a constructive dismissal.3 In Auckland Shop Employees Union v Woolworths (NZ) Ltd the Court of Appeal listed three non-exhaustive situations where a constructive dismissal might occur:4 (a) Where the employee is given a choice of resigning or being dismissed. (b) Where the employer has followed a course of conduct with the deliberat...

2. Dawson v Crown - Kawerau A4 (2022) 272 Waiariki MB 191 (272 WAR 191) [pdf, 251 KB]

   ...land that is in the lawful possession of another; (c) Without lawful justification; and (d) Is actionable without proof of actual damage. 1 Taueki v Horowhenua Sailing Club - Horowhenua 11 (Lake) Block [2014] Maori Appellate Court MB 60 (2014 APPEAL 60), at [15] – [16]. 2 Te Hokowhitu v Proprietors of Matauri X (2010) Maori Appellate Court MB 566 (2010 Appeal 566) at [31]. 272 Waiariki MB 198 [26] The prima facie rule is that a landowner is entitled to an injunction...

3. [2022] NZIACDT 1 - ZI v Wan (19 January 2022) [pdf, 208 KB]

   ...visa. She returned to New Zealand on 27 June. [18] On 23 September 2019, Immigration NZ declined the residence application. It was not satisfied that the investment funds had been legally earned. The letter advised the complainant that she could appeal to the Immigration and Protection Tribunal (IPT) within 42 days of certain days. [19] Mr Wan then filed a guardian visitor visa application on behalf of the complainant on 28 January 2020. [20] Immigration NZ wrote to Mr Wan on 1...

4. Greater-Wellington-Cover-Regional-Council-letter-Form-7a-and-Form-9-20221101.pdf [pdf, 435 KB]

   ...which has given key potential submitters and the community a sound understanding of the Project and the matters that are likely to be issues in respect of the applications; and − a decision made by GW would likely come to the Environment Court on appeal because there is significant local and regional interest in the Project and there are a number of potentially affected parties such that the likelihood of an appeal is high. • The Ō2NL Project is complex, because it includes substan...

5. Brown v New Zealand Post Ltd (Strike Out) [2024] NZHRRT 21 [pdf, 207 KB]

   ...trouble and harassment. [21] The Tribunal also noted in the decision that unless an amended statement of claim was filed as ordered, Mr Brown was likely to face an application by NZ Post that these proceedings be struck out.14 [22] Mr Brown appealed the decision to the High Court, but this was struck out on 21 October 2017.15 Mr Brown was subsequently declined leave to appeal to the Court of Appeal.16 [23] Mr Brown has not filed an amended statement of claim and remains in defaul...

6. MOJ0058_Disputes-Tribunal-booklet_JUN24_WEB.pdf [pdf, 438 KB]

   ...attend a financial assessment, or being contacted by a bailiff, or if the order is lodged with a credit agency, receiving a bad credit rating. In some circumstances, enforcement fees and interest can be added to the sum due. Rehearing’s and appeals If you consider that the outcome is unjust, and you can show that there was a problem with the procedure adopted, you may be able to get a rehearing or appeal the decision. There is information on the back of your order as to how to g...

7. Karaitiana v Seager - Wharetoto 9 Balance Trust (2024) 491 Aotea MB 36 (491 AOT 36 ) [pdf, 233 KB]

   ...an interim injunction may be nugatory, given that I have already made the trustee appointments by order of the Court. I cannot injunct something that has already happened, nor can I reverse my order, without a basis to do that i.e. rehearing or appeal direction. Given this, I raised with all parties to the JC about the possibility of a rehearing. [13] If I received an application of that nature, I could certainly address that on its merits and decide whether I was prepared to gran...

8. Andrew v Wano - Tataraakina C Trust (2025) 117 Tākitimu MB 251 (117 TKT 251) [pdf, 250 KB]

   ...sufficient evidence of the facts so certified. (4) The filing in the District Court under this section of a copy of an order made by the Māori Land Court or the Māori Appellate Court shall not limit or affect any right or power of rehearing, appeal, amendment, or cancellation existing in respect of that order. [13] Section 82 of the Act allows the court to order that debts be charged against Māori land interests. It provides: 82 Charging orders (1) Without limiting anythi...

9. Bevan-Smith v One New Zealand Group Ltd (Strike Out) [2024] NZHRRT 48 [pdf, 583 KB]

   ...file its submissions first as it was legally represented). [31] On 31 May 2024, Dr Bevan-Smith filed a memorandum advising he would not be filing his evidence or submissions as to whether the claim should be struck out and that instead he intended to appeal an interim direction of the Tribunal regarding these matters. 7 [32] On 19 July 2024 Dr Bevan-Smith advised the Tribunal that he had withdrawn an appeal to the High Court and requested further time to file his submissions relating to t...

10. Ratima v Smith - Te Haroto 2B2B (2024) 113 Tākitimu MB 287 (113 TKT 287) [pdf, 241 KB]

    ...ballot. 29 of them agreed that the former trustees should pay $2,157.29 to the Trust. 13 of them disagreed. [8] During the period in which the poll was undertaken, Ivy Kahukiwa-Smith and Joyce Eparaima (together, “the respondents”) filed an appeal of the 19 July 2018 decision. It was rejected by the Chief Registrar on 13 September 2018 on the basis that a final decision had not been issued, pending the outcome of the poll of the beneficiaries. [9] The file then suffered from...