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1. CD Ltd v GQ Ltd [2024] NZDT 67 (11 January 2024) [pdf, 99 KB]

   ...presumably enjoy cost savings as compared to an independent contractor as a result. Referee Perfect Date: 11 January 2024 This order was amended on 17 January 2024 to correct a mathematical error. Page 4 of 4 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 at the time. If you wish to apply for a reh...

2. BX v HL [2024] NZDT 372 (13 June 2024) [pdf, 134 KB]

   ...that all drivers must abide by in New Zealand. CI0301_CIV_DCDT_Order Page 2 of 4 10. There is no specific reversing offence in the Land Transport Act 1998 or the LTR. However, the Courts have recognised that a driver who is reversing is performing “an unusual manoeuvre” and have placed upon the reversing driver an obligation, although not absolute, to take care that nothing is likely to be struck while reversing. 11. As HL’s vehicle was reversing at the time of this c...

3. W Ltd v X Ltd [2025] NZDT 6 (14 January 2025) [pdf, 197 KB]

   ...page relating to the set-up of the business, whether businesses owned and operated or staff, and are premised on the overall expectation that business should deliver return for the owner in the first year. 18. W Ltd has provided no accounting information or other evidence to show that the projections are inaccurate beyond assertions made by OT. 19. X Ltd says that the projections are accurate, are based on 15 years of running a franchise model and are conservative. It says that b...

4. LCRO 36/2020 SW v LN (4 October 2021) [pdf, 172 KB]

   ...does not appear to have lodged the complaint of perjury with the Police. Response [34] Mr LN has not provided any substantive response to Mr SW’s review application. However, in an email to the Case Manager dated 2 October, responding to a request for submissions about the format of the review hearing itself, Mr LN said “… my experience with Mr SW is such that I expect there are errors, allegations and assumptions that cannot be made out.” Review on the papers [35] Th...

5. Human Rights Act 1993

   ...– application by plaintiff for return of certain documents – allegation by plaintiff of theft and destruction of documents – importance of maintaining Tribunal’s file intact – Public Records Act 2005, ss 17 and 18 Mullane v Attorney-General (Request for Documents) [2020] NZHRRT 14 Access to Tribunal file – complaint referred back to Human Rights Commission for mediation – statutory attachment of confidentiality to mediation – effect on open justice principle and on media acces...

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   1. Tribunals >
   2. Human rights >
   3. Decisions - Index

6. Brownlie v Brown - Pipituangi A (2010) 7 Tairāwhiti MB (7 TRW 39) [pdf, 417 KB]

   ...96-103. 7 187 Gisbome MB 284-285. 8 188 Gisbome MB 153-154. 7 Tairawhiti MS 43 [18] The three remaining orders sought address the same issues. I shall deal with them together. Live issues [19] The remaining branches of the application - requesting that the trustees file a report on their trusteeship, that the Court enforce the fiduciary duties of the trustees, if necessary and conduct an investigation into the affairs for the Trust under the broad powers of section 237 of th...

7. Butler - Mangawhati 3B1 and Takahiwai 3A2 (2010) 7 Taitokerau MB 260 (7 TTK 260) [pdf, 63 KB]

   ...187 Gisborne MB 284-285. 8 188 Gisborne MB 153-154. 7 Tairawhiti MB 43 [18] The three remaining orders sought address the same issues. I shall deal with them together. Live issues [19] The remaining branches of the application – requesting that the trustees file a report on their trusteeship, that the Court enforce the fiduciary duties of the trustees, if necessary and conduct an investigation into the affairs for the Trust under the broad powers of section 237 of t...

8. Ngatai - Matakana 1A7A (2002) 71 Tauranga MB 23 (71 T 23) [pdf, 1.5 MB]

   ...objectives of retention of land in the hands of its owners and the effective use, management and development of the land. As I noted in previous minutes it would appear that the land has been grazed by Enoka Ngatai and there may have been some informal arrangement for occupation by him. There was talk of a claim against him in respect of an occupation. There was also reference to an informal body, the Wharekawa Lands Committee, as looking after the lands. I say Tauranga Minute...

9. Memorandum of Counsel re Hearing Arrangements 5 September 2018 [pdf, 754 KB]

   ...addressing these matters in cross examination and submissions. To this end, Counsel will liaise with Counsel for Auckland Council and confirm the extent of the witnesses that Counsel wish to cross examine by noon on Thursday 6 September, as requested by the Court.25 22. Counsel will of course take into account the requests by the Court for Counsel to be focussed in the delivery of cross examination. Dated 5 September 2018 Aidan Warren Counsel for Mana Whenua in oppositi...

10. [2017] NZEnvC 064 Mitchell Family Trust v Point Trust [pdf, 262 KB]

    ...December 2016 at which counsel for the respondents sought more time to take instructions and consider the issues arising from the application. [4] A further judicial telephone conference was scheduled for 20 January 2017, but postponed at the request of the Applicants to 3 February 2017. During that conference, an issue was raised about the meaning of the definition of "intensive farming" in the Auckland Unitary Plan. There was a suggestion that the issue might be addresse...