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1. Whaanga v Niania - Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428) [pdf, 308 KB]

   ...September 2009 where Mere Whaanga explained the proposal in some detail. Some of the trustees attended. Walter Wilson, the Deputy Chairperson, said that the Trust had not consented as it felt it did not have jurisdiction and that its role was to protect the land and not split it up. Lim Robinson confirmed that he had agreed to the partition as an individual as he felt the owners would have received a better return by leasing rather than amalgamating their lands. Ray David remained...

2. [2017] NZEmpC 68 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 272 KB]

   ...did you and Ms Park take the view that neither managers nor supervisors were entitled to transfer to LSG. A. Not necessarily. I think I mean I am a relative outsider to New Zealand it appears to me that the vulnerable workers law is there to protect vulnerable workers and somebody at Mr Matsuoka’s pay rate in my opinion can’t be considered a vulnerable worker. And in addition to that he is a shareholder so there is also a conflict of interest issue. Q. Well putting...

3. D (D G Family Trust) v IAG New Zealand Ltd [2019] CEIT-2019-0037 [pdf, 605 KB]

   ...encourage reasonable and early settlement of proceedings”. 11 [17] Those contemplating involvement in litigation need to appreciate that it comes at a cost, even if they are successful. The cost of losing forces the parties to that litigation to carefully evaluate the merits of their respective cases and seriously contemplate compromising their 5 Andrew Beck- Principles of Civil Procedure (online ed. Thomson Reuters), at [13.13.3.2]. 6 Principles of Civil Procedure at [13.13.3.1]...

4. Recommendations recap - issue 3 [pdf, 1.2 MB]

   ...prevent such deaths occurring in the future. In order to publicise these lessons, the findings and recommendations of most cases are open to the public. 4 Table of contents 1 Recommendations 1 Adverse effects or reactions to medical or surgical care 5 Aviation accident 8 Care facilities 9 Deaths in custody 12 Diving, scuba diving, snorkelling 14 Drug, alcohol or substance related 15 Fall 15 Homicide or interpersonal violence 15 Labour or pregnancy related 19 Mental health issues...

5. [2013] NZEmpC 82 Tan v Morningstar Institute of Education Ltd t/a Morningstar Preschool [pdf, 177 KB]

   ...therefore thought the best solution to solve the pressure was to take away the head teacher’s position. Tiger then asked Ms Tan what she thought. It is likely this was translated for Ms Tan. Ms He added that this proposal had come after they had carefully considered the matter from a business point of view and also asked what Ms Tan thought. I find that Ms Tan responded by asking “So you are making me redundant. Is that what you want to say?” or words to this effect. Ms He...

6. ENV-2016-AKL-000198 G M Welsford Family Trust v Auckland Council [pdf, 12 MB]

   ...such structures could prevent or hinder urbanisation. v. Additional subdivision controls for the Future Urban Zone to avoid pre-emptive urbanisation. vi. The primary method for managing the transition from rural to urban land use is to require careful planning of any substantial change, following the structure planning guidelines as set out in Appendix 1 to the Unitary Plan. vii. The Green Infrastructure Corridor Zone is deleted. Any such provision should be assessed during structure...

7. Ram v Tan [2016] NZIACDT 39 (9 August 2016) [pdf, 207 KB]

   ...Tribunal’s decision in Samuelu v Aasa [2014] NZIACDT 89 (16 September 2014) and [2014] NZIACDT 67 (30 May 2014) in which she acted in a similar way, and as a result of which, the Tribunal cancelled her licence. [17.6] Mr Tan accepts he failed to protect himself, his practice, and the clients of his practice from Ms Aasa’s conduct. [17.7] Mr Tan generally accepts the narrative provided by the Registrar in her statement of complaint. However, he adds some points; particularly that h...

8. Nicholls v Nicholls – W T Nicholls Trust (2013) 55 Waikato Maniapoto MB 288 (55 WMN 288) [pdf, 218 KB]

   ...the subject lands being alienated and they remain available for reoccupation by the Applicant, should he be successful on appeal and the Appellate Court makes orders to that effect. The subject lands are Māori freehold land and subject to the protections from alienation by the Act and the Trust Order of the WT Nicholls Trust. Further, the Applicant could pursue a claim for damages. (e) The Applicant and the other Respondents (in the Māori Land Court matter) have no legal right...

9. Auckland Standards Committee v Andersen [2012] NZLCDT 17 [pdf, 122 KB]

   ...submitted that because these proceedings are not punitive in nature, rather they are protective, the reverse side of that coin must be that factors personal to the practitioner, in mitigation, must carry less weight. This must logically be so when protection of the public considered. Making assessment about the practitioner’s fitness to practice the Tribunal relies on the following factors. 1. Dishonesty [83] We make a firm finding of dishonesty although, as already indicated, d...

10. IAA v Sparks [2013] NZIACDT 5 (07 February 2013) [pdf, 170 KB]

    ...and employment applications. 7 [52] When the visa to work in New Zealand was approved, there were Philippines’ regulatory requirements. Greenfields was obliged to ensure that the engagement was genuine and the employee had the protection of insurance and the like. Mr Sparks’ affidavit - background [53] Mr Sparks said he had been working in immigration for some 24 years, undertaking a substantial volume of work. His history demonstrated a commitment to professional...