Search Results

1. Ngati Pahauwera Report of Independent Assessor December 2015 [pdf, 1.4 MB]

   ...mouths of rivers (including the Mohaka River mouth) inside that area to the extent that they are part of the common marine and coastal area. “Common marine and coastal area” and “marine and coastal area” are both defined in s 9 of the Act, the former definition essentially incorporating the latter. The defined areas are those bounded by mean high-water springs and the outer limits of the territorial sea. The iwi apply under s 78 of the Act for a recognition to be included in any C...

2. Arthur v The Proprietors of Potikirua Incorporation - Potikirua Incorporation (2019) 225 Waiariki MB 63 (225 WAR 63) [pdf, 172 KB]

   ...rerenga a te kēhi nei – The case so far [7] Mr Bidois seeks full indemnity cost on the basis that: (a) The Committee of Management had failed over a period of eight months to give effect to sealed orders for succession despite the applicant’s request. (b) The applicant had exhausted all other avenues prior to lodging her application, including speaking to the Incorporation’s Chairperson personally and having her solicitor produce the relevant regulation. (c) While the Court...

3. Summit v REAA & Lewis [2011] NZREADT 38 [pdf, 108 KB]

   ...property or it being on the market. [6] However, under a private treaty dated 9 September 2010 with settlement on 17 September 2010 the property was sold to the tenant by the second respondent. Subsequently, the appellant licensee attempted to claim commission on the basis of the signed Residential Management Authority with reference, of course, to the said clause 8.2 of that document. The Orders of the Authority [7] In a 6 March 2011 decision the Authority (through its Comp...

4. Brown v Christchurch City Council [pdf, 38 KB]

   ...matter needs to go to a full hearing 3. It has been submitted the application concerning Ms Frankland cannot be determined at this juncture. The Tribunal rejects this submission. All relevant matters are before the Tribunal in either affidavit form or in the documents including the sale and purchase agreement. There is nothing to justify the expense of parties continuing in the proceedings if there isn’t sufficient evidence. In this case the fourth respondent was not...

5. ADD v ZWX [2013] NZDT 190 (15 May 2013) [pdf, 63 KB]

   ...along [road A]. ZWX was turning right from [road B] into [road A]. It was dark at the time of the collision. [2] The intersection is governed by a give way sign on [road B]. Leading into the intersection with [road B], [road A] briefly forms two lanes: one for vehicles turning right into [road B] and another for vehicles travelling straight ahead. Although the turning lane on [road A] is marked, it is not governed by a give way or stop sign. [3] WD and HU Insurance Ltd...

6. [2017] NZEmpC 103 McPherson v Carter Holt Harvey Ltd [pdf, 195 KB]

   ...Holt Harvey Ltd [2016] NZERA Auckland 86. 2 McPherson v Carter Holt Harvey Ltd [2016] NZERA Auckland 237. pages of documents. The submissions reflected the complexities of the issues raised by the pleadings and the way in which the claim was presented. I have attempted to reduce those complexities to their fundamentals. The factual context [2] Mr McPherson has been a shift worker at Kinleith Pulp and Paper Mill (Kinleith Mill) for many years. He was previously a...

7. [2016] NZEmpC 147 ITE v ALA [pdf, 90 KB]

   ...has raised a number of issues with various invoices and information provided to the Court. [7] Further information relating to various attendances has been filed by the defendant. It accepts that the costs associated with the plaintiff’s requests for information under the Local Government Official Information Act 1987 and the Protected Disclosures Act 2000 can be excluded, together with the costs associated with alternative dispute resolution and communications with the Police...

8. Waitangi Tribunal - Part 1 The alienation of Māori land in Rohe Potae [pdf, 1.2 MB]

   ...Theme Q: The Foreshore, R P Boast © Copyright Waitangi Tribunal 1996 FOREWORD The research report that follows is one of a series of historical surveys commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui programme. In its present form, it has the status of a working paper: first release. It is published now so that claimants and other interested parties can be aware of its contents and, should they so wish, comment on them and add further information and insights. The pu...

9. Brill v Real Estate Agents Authority (CAC 409) & Ors [2017] NZREADT 28 [pdf, 237 KB]

   ...that “essentially, the expenses relate to the time and costs that were eventually rendered completely unnecessary and wasted due to the actions of [the appellant]”. [43] The schedule of expenses provided with the submissions shows that the claimed costs related to travel costs relating to meetings, loss of income for meeting days, and “additional expenses”. While these expenses include “legal fees” of $5,648, it is apparent from the second respondents’ submissions t...

10. Paki - Te Matai Kawana Whanau Trust (2004) 140 Aotea MB 290 (140 AOT 290) [pdf, 1 MB]

    ...of costs. If no agreement is reached, a further Court hearing will be necessary to consider this matter. In the meantime the Court directs that the Te Matai Kawana Whanau Trust funds held by the Westpac Trust are to remain undistributed until the claim for costs is finalised." The Application 4. The application as to the payment of costs pursuant to Section 79 came before the Court on the 12th August 2002 at 118 AOT 242 where the applicant set out in detail the costs that he was...