Search Results

1. Trustees of Te Waiti 2C2 v Allison - Te Waiti No2C No2 (2014) 107 Waiariki MB 115 (107 WAR 115) [pdf, 245 KB]

   ...conferred on a court by subpart 2 of Part 6 of the Property Law Act 2007. [24] Subpart 2 of Part 6 of the Property Law Act 2007 encompasses ss 321 to 325 and relates to wrongly placed structures. It allows the Court to provide relief in a number of forms if the Court considers it is just and equitable in the circumstances to do so. [25] In Elkington v Estate of Ruruku the High Court considered s 24 of the Act and jurisdiction regarding powers under the Property Law Act 1952 as they...

2. [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board [pdf, 567 KB]

   ...told him she had been asked to terminate his employment under the 90-day trial provision in the employment agreement. The impression conveyed by the way in which this news was delivered was that she was passing on a decision made elsewhere. His requests for an explanation were declined and invitations to discuss the situation were not taken up. [11] During this meeting Mr Roach was told he would be paid one week’s pay in lieu of notice. He was handed an envelope containing a l...

3. Ngati Porou Deed to Amend the Deed of Agreement 9 Aug 2017 [pdf, 8.8 MB]

   ...31 October 2008 Deed of Agreement on the relationship of- nga hapO o Ngat i -Porou with the environment in the territorial customary rights area. In addition, nga hapu-o-Ngati Porou- wi-ll have the -right to approve, or withhold approval for, any request by a person in response to a regional-eouoci I invitation- under the Resource Management-Aet-4-991 to change a-regional coastal plan to establish an aquaculture management area in a-territorial customafy rights-afea-(permission-right; pa...

4. Tahuparae – Marino Henare Pumipi Rangitihi Tahuparae (2013) 60 Taitokerau MB 46 (60 TTK 46) [pdf, 93 KB]

   ...decision. First, whether Cynthia is entitled to a life interest in respect of Marino’s Māori land interests when they had separated 13 months before his death. Second, whether the Court should refrain from making vesting orders and require formal administration of the estate. 60 Taitokerau MB 48 Cynthia’s entitlement [7] Marino’s children assumed throughout the proceedings in this Court that Cynthia was no longer entitled to a life interest in Marino’s land inter...

5. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 78 [pdf, 186 KB]

   ...public interest and do not replicate, and are not a substitute for, private civil proceedings. [33] Mr Dennett also referred to the focus of disciplinary cases being on disciplinary standard but submitted that in any event, the losses and costs claimed by the Brogdens are inappropriate and not adequately supported by evidence. In particular, he submitted (among other things) that: [a] Mr Rankin does not have the opportunity to assess the veracity of the claims – that is, what w...

6. [2015] NZEmpC 185 Lewis v JP Morgan Chase Bank N.A. [pdf, 130 KB]

   ...those costs be fixed now. [4] The Authority adopted the reasoning in two previous and unrelated determinations justifying, as it said, “a higher than normal award of costs”. It said: [19] … The fixing of costs is an exercise to be informed by principle and there is nothing in the present factual matrix which would discourage the Authority from a significant costs award. Mr Lewis has chosen to persevere with a claim in the Authority which has put the Bank to significan...

7. [2010] NZEmpC 32 Maritime Union of NZ v Ports of Auckland [pdf, 100 KB]

   ...employees, a number of them will be converted to full time “permanent” employees. The purpose of this provision is to ensure that where the company has sufficient work for more full time permanent employees, it does not continue to have that performed by part time employees. [22] The final category of employees whose employment is covered in Schedule 8 to the collective agreement, are casuals for whom each period of engagement in work is a separate employment albei...

8. S B v Atia [2018] NZIACDT 4 (19 February 2018) [pdf, 310 KB]

   ...her health. She sought not to disclose that part of the information to the complainant. Procedure [34] The Tribunal hears complaints on the papers under s 49 of the Immigration Advisers Licensing Act 2007 (the Act), but may in its discretion request information or request that persons appear before the Authority. [35] In this case the parties did not seek an oral hearing. 12 Discussion The standard of proof [36] The Tribunal determines facts on the balance of pro...

9. Form 45 Employment Relations Authority [pdf, 584 KB]

   Templates V12 – August 2017 page 1 08/17 form 45 Amendment to Grant Civil Legal Aid Fixed Fee/Fixed Fee Plus Employment (Employment Relations Authority) Legal aid file no. Lead provider’s ref. Name of aided person Name of lead provider Name of law firm Applicable fee schedule(s) Amendment sought: To replace fixed fee (start at A below) For additional work required when fixed fee has already been claimed (start at A below)...

10. Aldridge & Ors as Trustees of the SL & KM Aldridge Family Trust v Boe [2010] NZWHT Auckland 31 [pdf, 304 KB]

    ...September 1997. [15] The Boes took occupation of the new home sometime between early autumn 1998 and mid-summer 1999. In early 2000 a Council officer paid a visit to the home having discovered that the final inspection had not been performed and to ascertain what stage had been reached with the building work. That site visit resulted in a letter dated 8 February 2000 from the Council listing seven items still to be completed1 and that reasonable progress of the building wo...