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1. E83 Marian Smith and Josephine Peita - EIC - Ngaati Te Ata [pdf, 1.1 MB]

   ...impart knowledge, including our tikanga. 15. We refer to our maunga of Taamaki as ‘maunga tuupuna’, ‘maunga tapu’, and ‘maunga kōrero’. 16. Traditionally, the Taamaki River and the portages by which waka were moved across land, formed a natural communications centre within Taamaki Makaurau. It was the route to the important Waiuku portage that provided a connection between Te Waitemata and Manukau harbours. This portage was situated within our rohe, and used extens...

2. [2022] NZEmpC 190 Te Whatu Ora – Health New Zealand v Culturesafe NZ Ltd (in liq) [pdf, 252 KB]

   ...“matters” removed from the Authority. The plaintiff had previously admitted that there was no such “matter”. [17] Mr Halse said he had not submitted to the jurisdiction of the Court. He had protested jurisdiction throughout, pointing out formally that these proceedings should never have been issued. [18] The attempt to have the Court extend its and the Authority’s jurisdiction was contemptuous of the authority of Parliament. [19] These points were developed in submis...

3. LCRO 41/2015 CL v JW and IB (26 June 2018) [pdf, 241 KB]

   ...advise Mr CL that HK’s email had arrived making the first agreement unconditional. Mr JW should have advised Mr CL to seek independent advice elsewhere, and told Mr CL that he could not act unless Mr CL received independent advice and gave informed consent to Mr JW resuming acting. [12] Instead, Mr JW provided advice to Mr CL on the risks involved in cancelling either of the two agreements and carried on acting. [13] On Mr CL’s instructions, based on Mr JW’s advice, the law...

4. [2014] NZEmpC 119 Pact Group v SFWU & PSA [pdf, 271 KB]

   ...This case highlights … difficult tensions in collective bargaining and collective agreements … The first tension is between the wish of employers in such circumstances to have identical terms and conditions of employment for all employees performing the same work on the one hand and, on the other, the wish of … unions to distinguish and promote themselves by obtaining superior terms and conditions of employment for their members. [6] There are, of course, differences between t...

5. VAB v Corrections [2022] NZHRRT 31 [pdf, 215 KB]

   ...the name and identifying details of the plaintiff and his daughter and her age. [55] There is to be no search of the Tribunal file without leave of the Chairperson or Deputy Chairperson or of the Tribunal. The parties are to be notified of any request to search the file and given the opportunity to be heard on that application. COSTS [56] No submissions have been made regarding costs. However, given the circumstances of this claim, the fact that both parties have engaged in this pr...

6. [2006] NZEmpC AC 5A/06 Westpac Banking Corporation v Smythe [pdf, 30 KB]

   ...in order to challenge the Authority’s determination that the positions in question were substantially similar. Both parties devoted the large majority of their resources to this issue on which the plaintiff was unsuccessful. [5] Mr Sharp informed me that the defendant’s actual costs of representation were $33,690 plus GST, being his fees for 112.3 hours of work at $300 plus GST per hour. In addition, Mr Sharp said that the defendant incurred disbursements of $6,500.00 plus GST...

7. Memorandum Directions.pdf [pdf, 549 KB]

   ...livestreamed. The audio of the pōwhiri will be recorded (but not livestreamed) while the remainder of the wānanga will be livestreamed as planned. 3 Regional wānanga 10. The Pou Report proposed that, from the outset, the inquiry will take the form of a series of wānanga. The pou also detail the rationale and advantages of this approach in their report (Wai 3300, #6.2.2 at pp 2, 5 & 6). 11. At a high level, the proposed regional wānanga will provide an opportunity for parties to...

8. Tahere v Tau - Rangihamama X3A and Omapere Taraire E (Aggregated) (2017) Māori Appellate Court MB 62 (2017 APPEAL 62) [pdf, 232 KB]

   ...appeal in the present case, we note that the respondents filed, in support, an affidavit of Tony Shepherd. In his affidavit Mr Shepherd states that he did not “go off the grid”. Instead the appellants terminated his instructions to act and requested that their file be uplifted from his Chambers. Mr Shepherd says that his last meeting with the Tahere whānau was on 24 December 2013. We accept the statement of Mr Shepherd that his instructions were terminated by the appellants b...

9. MT v IN [2024] NZDT 507 (25 June 2024) [pdf, 197 KB]

   ...now that the Tribunal has determined the fencing dispute. 6. With respect to the fence and retaining wall situation, it would appear that when MT’s house was built in 2004, the natural slope of the land was altered to construct a building platform for the house and a level concrete path between the new house and IN’s boundary. This was done by cutting into the slope at the boundary by a small amount (under a metre). A proper retaining wall was constructed for a length of a few met...

10. KK v HL [2023] NZDT 381 (20 July 2023) [pdf, 223 KB]

    ...ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 381 APPLICANT KK RESPONDENT HL The Tribunal orders: The claim is dismissed. Reasons: 1. In March 2023, HL advertised his [car] for sale on [online platform]. 2. On 9 April 2023, KK contacted HL saying she was interested in the car. 3. HL drove to KK so she could look at and test drive the car with the assistance of some friends. 4. The car was not bought that day. 5. On 10...