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1. O'Rorke v Hohaia - Pukekohatu (2006) 173 Aotea MB 114 (173 AOT 114) [pdf, 599 KB]

   ...resolution. He recorded that the purpose of adjourning the applications to Chambers was to enable the Court to summarise for the benefit of the owners what had preceded the "agreement" of 9 December 2002. That agreement provided for the formalising of areas of occupation rather than partition whereby a waahi tapu on the area occupied by the applicant would not be identified on a plan, but Mr O'Rorke would take steps to protect the site. The judge further recorded that (...

2. Wall v Karaitiana - Tauhara Middle 15 Trust (2007) 85 Taupo MB 225 (85 TPO 225) [pdf, 370 KB]

   ...purchase of ancestral lands of the beneficiaries Hom Landcorp Fanning Limited; The loan to be secured by the mOltgage is able to be repaid Hom existing income; Mr Karaitiana has been advised in wn·ting ofthe decision of the owners and trustees and requested to execute mOltgage documents but has refused; The execution olthe mortgage and release ofloan funds is urgently required in order to fulfil the Trust's undertaking to HHLT and HHLT's obligations to Landcorp; The remova...

3. Clay v Accident Compensation Corporation (Personal Injury) [2024] NZACC 91 [pdf, 283 KB]

   ...a decision has been made can there be a right of review and if no right of review exists then s133(5) has no application. ... The substance [of the communication in question] has to be analysed.” … [47] … merely administrative issues and requests, do not amount to a ‘decision’ within the meaning of s.6 of the legislation. Whether a ‘decision’ has been made needs to be determined in the factual context and circumstances. Discussion [39] On 20 September 2022, the Cor...

4. [2021] NZACC 107 - Ballantyne v ACC (19 July 2021) [pdf, 176 KB]

   ...Ballantyne’s review application for want of jurisdiction on the grounds that it did not relate to a decision of the Corporation. [3] The issues to be determined are: [a] Whether the Corporation made a “decision” on Mr Ballantyne’s “claim” on 1 June 2013, as defined in s 6 of the Accident Compensation Act 2001 (the Act); and [b] Whether there is a power to review the Corporation’s decision of 13 September 2017, which was made in favour of Mr Ballantyne? ACR 3...

5. [2021] NZEmpC 120 Lye v ISO Ltd [pdf, 285 KB]

   ...Maritime Union of New Zealand Inc (MUNZ), were and are bargaining for a collective agreement. [21] It was common ground that, if MUNZ and ISO had succeeded in reaching agreement, the resulting collective agreement would have covered the work performed by Mr Lye and, consequently, resolved this proceeding. The proceeding was adjourned to provide an opportunity for the bargaining to continue.20 [22] Unfortunately, no agreement was reached. ISO and MUNZ have not entered into a...

6. [2013] NZEmpC 240 Fox v Hereworth School Trust Board Second Interlocutory [pdf, 212 KB]

   ...against three named Hereworth staff and the mandatory reporting of the plaintiff’s dismissal under the Education Act. Ms Lee’s evidence is that all of this has previously been provided to Mrs Fox pursuant to an Official Information Act 1982 request by the plaintiff to the New Zealand Teachers Council. [25] Mrs Fox’s response concedes that although she has had some documentation from the New Zealand Teachers Council pursuant to an Official Information Act request, she does n...

7. Audit Summary Report 2016-2017 [pdf, 433 KB]

   ...parties, Police, Crown, Court and Ministry often led to a good outcome for the client and securing additional funding where appropriate. “These letters were unusually helpful and comprehensive and were on each file. This resulted in there being no requests by Legal Services being necessary to obtain further information or clarification.” 6 Acceptable results Audits rated acceptable sometimes had incomplete or patchy client care documentation or no final reporting letters o...

8. Moeahu v Winitana - Waiwhetu Pa No 4 (2013) 310 Aotea MB 172 (310 AOT 172) [pdf, 214 KB]

   ...investigation of the trust’s finances and approval processes be completed. Stephen Bell of KPMG, Auckland was commissioned to complete the forensic review by letter of engagement dated 8 June 2012. The report was completed by KPMG in draft form on 6 September 2012 and circulated to the trustees for their information and comment. [11] The substantive hearing was held on 18 January 2013. 6 Mr Winitana, through counsel, filed detailed written submissions. Mr Moeahu disputed the...

9. [2014] NZEmpC 168 New Zealand Airline Pilots Association v Air New Zealand Ltd [pdf, 185 KB]

   ...24.2 During the term of this Agreement any agreement entered into by the Company with any other pilot employee group which is more favourable than provided for in this Agreement will be passed on to pilots covered by this Agreement on the written request of the Association. [5] The current NZALPA collective agreement came into force on 5 November 2012 and will continue in force at least until its expiry on 4 November 2015. Among other provisions, the NZALPA collective agreement set...

10. ZF v XC LCRO 266/2013 (19 February 2015) [pdf, 103 KB]

    ...of Mr AB’s death was one half of the net proceeds of sale. [32] After a period during which there was no further correspondence, proceedings were issued by Mr AB’s children in January 2012. [Firm B] did not have a litigation team and Ms GA requested authority from Mrs XC’s family to seek a second opinion from Ms MT of [Firm C). [33] It would seem Ms MT then acted directly for Mrs XC and the matter was ultimately settled. The terms of settlement are unknown but from a brief r...