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1. Otago Standards Committee v Duff [2021] NZLCDT 25 (2 September 2021) [pdf, 168 KB]

   ...introduction of the $150,000 from Mr P was only $55.97. This means the expenses, including the entertainment costs, which were paid for a period from 30 April onwards were being met from Mr P’s funds. [18] Although we note that this does not form part of the charges brought against Mr Duff, we simply record this as a notable concern as to his accounting and business practices. [19] In a similar way Mr Duff’s personal legal expenses of $6,670 were paid on 13 May 2016. On 16...

2. [2023] NZEmpC 33 Pyne v Invacare New Zealand Ltd [pdf, 239 KB]

   ...11 Sisson t/a Edgeware Law v Lewis [2004] 1 ERNZ 200 (EmpC) at [53]. 12 Legislation Design and Advisory Committee “Legislation Guidelines – 2021 Edition” (September 2021) at [28.6]. has been described as the most “vigilant” form of judicial supervision.13 At the other end of the appeal spectrum the appellate court’s ability to intervene is at its most restricted. At this end of the spectrum the court can overturn an error of law or fact but only based on th...

3. Herewini - Succession to Ra Herewini [2024] Chief Judge's MB 1103 (2024 CJ 1103) [pdf, 506 KB]

   ...was included in the Court submission setting out the grounds upon which the application was filed. In summary, the original applicant Johnstone Ra Herewini challenged the succession order made in 1974 in favour of his mother, Rakuira Herewini. He claimed that under the ancient law of tuku iho, the lands were to pass to him. He claimed that his father said “all his lands are now in my [Johnstone’s] care, never to be sold in any way, shape, or form.” He claimed his mother was...

4. Carroll v Maihi-Carroll - Waipuka 2R Sec 3 (2012) 15 Takitimu MB 234 (15 TKT 234) [pdf, 174 KB]

   ...facilities and continue to trespass over Lot C. The occupiers of Lot C deny the claims and in effect counterclaim that Rex Carroll has permitted a nephew to move a caravan on to the land straddling both Lots D and C and has refused to take steps at the request of the occupiers of Lot C to remove the caravan from their site. [8] The issue for determination is whether or not the application for trespass and damages should be granted. In addition, a live issue remains whether or not th...

5. Brichris Holdings Limited v Irmac Builders Limited (in liquidation) [2012] NZWHT Auckland 7 [pdf, 105 KB]

   ...satisfied that Mr Neilson has properly established his claim in terms of section 91(1)(b) and has ―scaled‖ the threshold for assessing substantial merit. The literal information advanced by Mr Irwin was clearly without substantial merit. It formed the basis of Mr Neilson‘s joinder and the revised claim from the claimant. All such documentation has been served on Mr Irwin and so available to him. The Tribunal therefore has ability to award costs against Mr Irwin. Mr Irwi...

6. Yasin & Nawaz v Hammadieh [2014] NZIACDT 71 (23 June 2014) [pdf, 156 KB]

   ...The Tribunal has upheld the complaint. The Interim Decision [7] The Tribunal’s interim decision of 11 March 2014 is to be read with the present decision. The interim decision put the parties on notice of potential factual findings based on the information then before the Tribunal. The potential factual findings were: [7.1] The adviser was the sole licensed immigration adviser involved in the practice of Hammadieh Consultancy FZ LLC. [7.2] The agreement the complainants signed notif...

7. Tane-Stockler - Hauturu East 8 (2002) 120 Otorohanga MB 3 (120 OT 3) [pdf, 2.1 MB]

   ...owners In whom the land was vested by order of the Court at Te Kuill pursuant to Section 436 of the Maori Affairs Act 1953 on the 1 st day of October 1990. " The owners in Hauturu East 8 Block come from four whanau. Those whanau have each formed separate Trusts for the administration of their lands or assets. They are the Tanetinorau Opataia Whanau Trust, the Haami Haereiti Whanau Trust, the Whatakaraka Whanau Trust and the Te Riutoto Aihe Whanau Trust. Using the numbers set al...

8. Bell v McDonnell - Mataimoana (2017) 374 Aotea MB 298 (374 AOT 298) [pdf, 396 KB]

   ...Richard Boast QC has been commissioned to provide expert evidence and Dr Gilling was appointed counsel. It was intended that a hearing would be held in April 2016 however that did not occur. [3] On 18 July 2017, a hearing was convened at the request of David (Tuffy) Churton, an interested party.2 He expressed concern about the progress of the application. Mr Churton also raised issues surrounding what he termed was the improper alienation of the subject land by the Whanganui Tr...

9. Stock v Morris - Wainui 2D2B (2012) 41 Taitokerau MB 121 (41 TTK 121) [pdf, 259 KB]

   ...Introduction [1] This judgment concerns an application under s 18(1)(a) of Te Ture Whenua Māori Act 1993 (“the Act”) to determine ownership of a cottage on Māori freehold land. It is a contest between Mariao Stock, an owner in the land, and her former partner, Rex Morris, a non-owner. Mariao claims ownership of the cottage and is supported by her fellow owners. Rex paid for the construction of the cottage and claims a monetary interest. There is no real evidential dispute....

10. Green v EIT [2020] NZHRRT 24 [pdf, 985 KB]

    ...is similarly prohibited pending further order of the Chairperson or of the Tribunal. [43.3] There is to be no search of the Tribunal file without leave of the Chairperson or of the Tribunal. The plaintiffs and defendant are to be notified of any request to search the file and given opportunity to be heard on that application. [20] When the hearing commenced on 3 July 2017 counsel for EIT, in accepting the interim orders would necessarily become final orders, sought name suppression for...