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1. Karena v Haines-Winiata - Te Koau A Trust (2015) 43 Takitimu MB 200 (43 TKT 200) [pdf, 217 KB]

   ...Bidwill Street, Mt Cook, Wellington 6021 kle@klelaw.com 43 Takitimu MB 201 Introduction [1] Wero Karena seeks an injunction, a judicial conference, and, I apprehend, a review of trust and the removal of the trustees of Te Koau A Trust. Mr Karena claims that the trustees have, in summary, breached their duties sufficient to warrant an investigation as to their removal. His principal complaint appears to be that the trustees have failed to maintain the trust property and provide...

2. Tau v Nga Whanau o Morven and Glenavy - Waihao 903 Section IX Block [2010] 2010 Maori Appellate Court MB 167 (2010 APPEAL 167) [pdf, 266 KB]

   ...Waihao 903 Section IX (“Section IX”) as trustee. The respondents say he did while the appellant and other descendants of Henare Te Maire say he did not. [2] By orders dated 10 June 1887 the Native Land Court vested ten sections comprising the former Waihao 903 block in various individuals. Sections I to VIII were vested in groups of owners. Sections IX and X were vested in Henare Te Maire solely. [3] Section IX is 1 acre 3 roods in area. From at least the 1930s the land was...

3. [2015] NZEmpC 230 FIRST Union Inc v Jacks Hardware and Timber Ltd [pdf, 365 KB]

   ...agreement with the plaintiff. [8] In its statement of defence the defendant describes its genuine reasons, based on reasonable grounds for not concluding a collective agreement, as consisting of “philosophical differences about the Plaintiff’s claims”. The plaintiff did not require greater particularisation of this bald assertion, so that the particulars of it were disclosed first at the hearing. [9] In the course of the hearing Jacks defined its “genuine reasons ba...

4. [2015] NZEmpC 149 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 140 KB]

   ...[3] In the first proceeding (EMPC 152/2015) the Union and its members employed at (now) three North Island meat plants allege that AFFCO’s actions in insisting upon employing those employees on the company’s own and largely non- negotiable form of individual agreement is unlawful in a number of respects. In June 2015 when that proceeding was first issued, those plaintiffs also sought an interlocutory injunction restraining AFFCO from unlawfully locking out those employees. For...

5. [2025] NZEmpC 188 O'Brien v The Platform Media NZ Ltd [pdf, 196 KB]

   ...generally.5 [12] The period of delay in filing the statement of defence was between 31 March and 8 April 2025. That is a period of seven days, which cannot be categorised as a minimal delay. However, the period of delay needs to be considered with the request to consent to the late filing of the statement of defence on 2 April 2025. [13] The affidavit evidence supports the claim that the delay was due to error or inadvertence rather than to a deliberate decision not to file a de...

6. [2010] NZEmpC 93 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 36 KB]

   ...to and annexed the letter of 2 April 2009 containing the without prejudice offer of settlement. The letter otherwise outlined attempts to settle the matter between counsel for the parties before mediation. Counsel for the plaintiffs requested promptly that the without prejudice communications be removed. Counsel threatened that if they were not removed costs would be sought and an application would be made to the Authority to exclude such evidence. This proposal was re...

7. LT v TU Ltd NZDT 1363 (4 December 2019) [pdf, 206 KB]

   ...Ms T’s quite justified choice to look after a child rather than move her car, at the expense of the other party that had nothing to do with that situation. Referee: Date: 4 December 2019 CI0301_CIV_DCDT_Order Page 2 of 2 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available or a mistake was made. If you wish to apply...

8. LS v MIS [2021] CEIT-2020-0024 [pdf, 365 KB]

   ...which the High Court found that similar clauses gave rise to prejudice against the plaintiffs. In Cain Paulsen AJ found that there was an abuse of process because the funding agreement gave the funder excessive control over the litigation.3 1 Formerly Risk Worldwide. 2 Cain v Mettrick [2020] NZHC 2125 at [60]. 3 Cain v Mettrick [2020] NZHC 2125 at [63]. [4] Mr El Sawaf for LS filed a response memorandum dated 14 January 2020. Cain v Mettrick is distinguished due to differ...

9. [2021] NZACC 8 - Stryder v ACC (12 January 2021) [pdf, 140 KB]

   ...advising that the appellant’s weekly compensation would stop as of Monday, 17 June 2019. [6] The circumstances in which payment of those entitlements would be recommenced was explained in that letter. [7] On 17 June 2019 the appellant gave the requested consent, with the result that the payments of weekly compensation were not stopped at that time. [8] However, late on Friday 21 June 2019, the appellant sent an email to the Corporation indicating that they no longer had co...

10. Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 Manu Ariki Marae [2013] Māori Appellate Court 561 (2013 APPEAL 561) [pdf, 284 KB]

    ...charisma. He established a community on his land north of Taumarunui, which came to be known as Manu Ariki. This is where he practised his faith and healing ministry, established the Manu Ariki Marae and carried on a farming operation. The Society, formed in 1961, was the legal body associated with the Manu Ariki community. [7] Manu Ariki comprises several blocks of land. We are only concerned with Rangitoto Tuhua 55B Sec 1B comprising 61.6336 hectares (“55B1B”),3 and Rangitoto...