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1. Te Manutukutuku issue 75 [pdf, 7.6 MB]

   ...system, centred on the creation of district health boards to deliver health care to distinct popula- tions. A new, primary care-focused health system that would deliver care to those who most needed it was declared to be the emphasis of these reforms. Primary health care, often the first port of call for people needing to use health services, was highlighted as key to an effective health system, and ideally should prevent or mitigate the worst effects of health conditions before the...

2. [2020] NZEmpC 167 Noble v Ballooning Canterbury.com Ltd [pdf, 287 KB]

   ...Canterbury.com Ltd [2020] NZEmpC 60 [GRL interlocutory judgment]. 5 Removal determination, above n 2. [11] The essence of BCL’s position is that indemnity costs should be awarded for several reasons. The first of these was that BCL had requested that the jurisdictional matter be dealt with on an interlocutory basis, with the filing of affidavits and submissions. Mr Noble had opposed this course of action, preferring it to be dealt with at the substantive hearing which...

3. Mullen - Hongoeka 4A (2006) 176 Aotea MB 191 (176 AOT 191) [pdf, 3.5 MB]

   ...the Mullen application for access I have relied on assurances from Mrs Ashton and her brothers that they do not intend to sell Hongoeka 4A now or in the foreseeable future. Indeed, they emphatically denied that possibility and stressed that the request for access was to enable the family to enjoy their lands and build for themselves. While I appreciate that over time priorities and needs can alter, nonetheless it must be underscored that the access now granted is specific to the cur...

4. [2010] NZEmpC 59 Wellington Free Ambulance Service v Adams [pdf, 46 KB]

   ...theoretically and not with reference to this case of course. [17] The more flexible approach includes, for example, a commonsense determination of inherent possibilities of an unanswered assertion or even of a disputed assertion. In its extreme form, the rigid approach adopted by the Authority in this case would also preclude consideration of contradictory evidence called for a respondent, even powerful and persuasive contradictory evidence. [18] The Court or the Authority must dec...

5. [2006] NZEmpC AC 49/06 National Distribution Union & Anor v General Distributors & Anor [pdf, 59 KB]

   ...the direction to mediation be one to co-mediation with a Judge and a statutory mediator. The defendants did not demur from this suggestion, nor did any party from mine that I should reserve judgment sine die but with leave for either party to request a judgment if mediation was unsuccessful. [6] I record my appreciation of the readiness by the mediator who had previously assisted the parties, to resume mediation on the following morning, Friday 1 September, with another Judge at...

6. ENVC Hearing 6Oct14 NPI Trust Morehu Wilson [pdf, 306 KB]

   ...currently employed as an Aviation Firefighter in a management position. I have held a management position within this industry for the past 21 years. This evidence is given on behalf of the Ngati Paoa Iwi Trust. Although this evidence is given in written form, I would prefer to give the explanation that it deserves by speaking, in te reo, on these issues. My links to Paoa is through my mother Te Aomarama Wilson nee Te Aho Thompson, my grandfather Tukere Te Aho Tamihana and my grandmother...

7. Sidhu v Tan [2016] NZIACDT 62 (29 September 2016) [pdf, 159 KB]

   ...part, to challenge the way the Registrar has investigated the complaint, and criticise Ms Sidhu. He apparently disputed the facts, but his focus on criticising the Registrar obscured those elements of his response. [11] Accordingly, the Tribunal requested Mr Tan, pursuant to section 49(4)(a), to file an affidavit setting out: [11.1] What he did to comply with the 2010 Code’s requirements for commencing his professional relationship with Ms Sidhu (with specific reference to clauses...

8. [2012] NZEmpC 124 Allen v C3 Ltd [pdf, 256 KB]

   ...lieu, noting this on his timesheet. Unbeknownst to Mr Allen his immediate manager went to see Mr Payne (the Manager of Stevedoring and General Cargo at Mt Maunganui wharves). Mr Payne instructed the payroll officer to twink out the half hour claimed for, and to disallow the day in lieu request. None of this was discussed with Mr Allen or otherwise communicated to him. Mr Payne accepted that, in hindsight, it may have been preferable to have done so. [11] It became apparent t...

9. Maruera v Te Runanga o Ngati Maru Taranaki Trust [2020] Chief Judge's MB 965 (2020 CJ 965) [pdf, 500 KB]

   ...continuing inability of Ngāti Maru to establish a more permanent representative entity for the iwi. [3] At the last hearing of these matters the chairman of the trust, Mr Jan Matuku, on behalf of himself and the majority of the trustees of the trust requested that I appoint counsel to assist them prosecute an application for the establishment of a whenua tōpu trust as a representative entity for the tribe. [4] I now appoint Nathan Milner, solicitor of Wellington, per sections...

10. Bayne v Ngati Rehua Ngati Wai ki Aotea Trust Board - Ngatirehua Ngatiwai ki Aotea Trust (2015) 115 Taitokerau MB 41 (115 TTK 41) [pdf, 228 KB]

    ...does not involve the transfer or return of interests in Māori customary land or Māori freehold land. Mr Webster rejects that the applicant has been unable to obtain evidence to put before the Court. Mr Webster contends that there have been no requests for his client to provide information. Mr Webster also states that a copy of the agreement in principle is available on the Office of Treaty Settlements website and Ms Bayne could have accessed that along with any member of the pu...