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1. Chief Executive, Ministry for Culture and Heritage - Tāonga Tūturu found at Plimmerton (2012) 283 Aotea MB 166 (283 AOT 166) [pdf, 202 KB]

   ...determination of ownership of a täonga, a pounamu heitiki, found by Noel Comerford at Plimmerton Beach, north of Porirua, Wellington. It is currently held at Te Papa Tongarewa. Following a process of notification Te Rūnanga o Toa Rangatira Inc now claims that it is the appropriate body in which to vest ownership of the heitiki. [2] Mr Comerford objects to this claim. He says that ownership for his lifetime is the only acceptable outcome. He also says that he does not want the t...

2. Offord v Patel [pdf, 90 KB]

   ...Adjudicator: S G Lockhart QC Dated 5 December 2008 2 BACKGROUND [1] The first respondent, Mr Patel, was both the sole director and the principal shareholder of the second respondent company, Rite Price Construction Limited (Rite Price) formed in May 1994. Mr Patel held 70% of the shares and the remaining 30% of shares was held by his wife. [2] On 27 March 1995, Rite Price purchased land in John Rymer Place, Kohimarama, Auckland. According to Mr Patel, the purch...

3. CJ v XL LCRO 221 / 2010 (1 July 2011) [pdf, 104 KB]

   ...the business was made available to ABF through ABE. The agreement between the parties was that the gross profits were to be shared equally between ABE and ABF. [3] ABF failed to account to ABE for any of the profits, and when pressed, counter- claimed. Part of the counter-claim related to goods which ABF had acquired at the direction of ABE to supply to a customer, but that supply contract did not eventuate. 2 [4] Proceedings requiring ABF to account for its profits and for a...

4. Taylor v Corrections (Jurisdiction) [2019] NZHRRT 17 [pdf, 250 KB]

   ...grounds it contained passages which could reasonably be construed as threats or attempts to intimidate the then Prison Manager, a former prisoner and police officers in the Hastings area. [2] On discovering the letter had been intercepted Mr Taylor requested that it be returned to him or that he be provided with a copy. His request was refused. [3] Mr Taylor thereupon made a complaint to the Privacy Commissioner alleging a breach of IPP 6 which, subject to certain exceptions, provides...

5. [2022] NZACC 5 – Estate of Raymond Morris v ACC (18 January 2022) [pdf, 182 KB]

   ...Hearing: On the papers Held at: Auckland/Tāmaki Makaurau Appearances: The appellant was self-represented when the appeal was lodged L Hawes-Gandar for the respondent Judgment: 18 January 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for treatment injury - s 32, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 18 August 2020. The Reviewer dismissed an application for review of the Corporation’s decisio...

6. Clearwater Cove Apartments Body Corporate 170989 v Auckland Council [2011] NZWHT Auckland 39 [pdf, 389 KB]

   ...GARAGES PART OF THE RESIDENTIAL UNITS? [27] The Clearwater Cove residential apartments each have a garage as an ancillary unit. There are four garages attached to the main building where the residential units are located and another 12 garages form a separate and distinct L-shaped structure. The Council submits that none of the garages fell within the jurisdiction of the Act8. For the reasons that follow we found that the claimant has only proved the existence of weathertigh...

7. ENVC Hearing 6Oct14 WML evidence chief Pita Rikys [pdf, 60 KB]

   ...foreshore erosion, a matter of particular interest to Maori in terms of the incidence of foreshore burials. Waahi Tapu 17. The term given its broadest meaning, simply identifies 'sacred places' which can take a range of different forms and which broadly are coincident with archaeological sites. There is also a recognised hierarchy of sacredness or significance with burial sites and urupa (burial places) typically being accorded the highest ranking- compared with midd...

8. Heather v IDEA Services Ltd (Costs) [2012] NZHRRT 11 [pdf, 55 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2012] NZHRRT 11 Reference No. HRRT 038/2010 IN THE MATTER OF A CLAIM UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN DAVID KEITH HEATHER FIRST PLAINTIFF AND RHONDA JEAN HEATHER SECOND PLAINTIFF AND IDEA SERVICES LTD/IHC NZ INC FIRST DEFENDANTS AND DIRECTOR-GENERAL OF THE MINISTRY OF HEALTH SECOND DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Dr S Hickey, Member Mr R Mu...

9. E & F Ltd v TA Ltd [2018] NZDT 1594 (3 April 2018) [pdf, 197 KB]

   ...9. E & F Ltd provided numerous reports from insurer/assessors, emails, reports/analyses of substance (fertiliser) and damage to lettuces, photos, flight plans including hopper activity and screen shots of TA Ltd spreading data and customer information related to 18 December 2015. 10. TA Ltd states that it has not breached its duty of care and caused any damage to E & F Ltd. TA Ltd states that it owes a general duty of care to follow industry standards when they are distributin

10. Scott v Sullivan - Karamu AY Section 2 (2013) 27 Takitimu MB 5 (27 TKT 5) [pdf, 127 KB]

    ...a further meeting of the trustees was convened whereby a majority agreed to affirm the earlier decision to lease to Altham. [10] Ms Bennett then submitted that soon after and without the consent of the trustees or the owners Mrs Sullivan informed Zeu that it could continue to lease Trust land. Mrs 1 65 Napier MB 382 2 121 Napier MB 209 3 179 Napier MB 223 dated 30 March 2005 4 130 Napier MB 144 5 157 Napier M...