Search Results

1. Maiava v Matauri X Incorporation (2010) 10 Taitokerau MB 106 (10 TTK 106) [pdf, 60 KB]

   ...occupation order. This was, in effect, to replace the licence. In two interim decisions dated 27 November 2007 and 30 March 2009 I ruled that I could not grant an occupation order as the Incorporation did not consent as required by s 328(2). At the request of Mrs Maiava I did not dismiss the application and it currently stands adjourned pending progress of the Incorporation’s papakainga scheme. [5] The Incorporation is currently working on a papakainga scheme for twelve 800m2 s...

2. [2022] NZACC 185 — Razek v ACC (27 September 2022) [pdf, 186 KB]

   ...[31] He accepts therefore that regrettably part of the 4 May 2021 decision is wrong. [32] He says however that ACC has significant issues with the evidence presented by Mr Razek in respect of the quantity and value of shoes and socks that he has requested. [33] Mr Marten also submits that there are several discretionary layers within the social rehabilitation provisions of the Act. As such, if the Court agrees that the shoes and socks constitute a social rehabilitation aid, the app...

3. [2021] NZEmpC 112 Wanaka Pharmacy Ltd v McKay [pdf, 290 KB]

   ...McKay v Wanaka Pharmacy Ltd, above n 1, at [39], [42], [44], [47] and [51]. (c) Social media manager for the Wanaka Sun and Wanaka Pharmacy (40 hours per fortnight) – included managing and contributing to posts on various social media platforms including Facebook, Instagram and Twitter. (d) Human resources administration for the Wanaka Sun and Wanaka Pharmacy (10 hours per fortnight) – included dealing with grievances, recruitment, maintaining payroll information and c...

4. [2014] NZEmpC 145 Laing v Walker [pdf, 61 KB]

   ...as to disclosure had not, as far as Mr Laing was concerned, been attended to. He was directed to file a memorandum explaining the position by 14 May 2014. [5] That did not occur. In a further minute on 19 May 2014, the Acting Registrar was requested to arrange an immediate telephone directions conference so that the outstanding issues could be explained by the first plaintiff. [6] That resulted in a directions conference being held with the parties on 30 May 2014 wherein Mr Lai...

5. [2018] NZEmpC 151 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc [pdf, 1.3 MB]

   ...and agreed to by the employer and employee (whether in an employment agreement or otherwise); and (b) relate to 1 or more of the following: (i) the employee continuing to be aware of his or her work duties or, if required, continuing to perform some of his or her work duties, during the break: (ii) the circumstances when an employee’s break may be interrupted: http://www.legislation.govt.nz/act/public/2000/0024/109.0/link.aspx?id=DLM1940671#DLM1940671 (iii) the emp...

6. [2022] NZEmpC 39 Malcolm v The Chief Executive of the Department of Corrections [pdf, 332 KB]

   ...reserved. Process in this Court [21] The plaintiffs’ challenge was originally filed on 10 November 2021. I held a telephone directions conference with the representatives on 11 November 2021. At that conference, there was discussion as to the form of the statement of claim (incorrectly described as a statement of problem). [22] Mx Hornsby-Geluk, counsel for the defendants, submitted that the document was not compliant with the Court’s requirements. Counsel said no remedi...

7. Legal Complaints Review Officer v Hong [2013] NZLCDT 9 [pdf, 224 KB]

   ...that he conducted himself as alleged, he denies his conduct constitutes misconduct as charged. Background [4] The charge arose from Mr Hong’s conduct following proceedings being commenced against him and some others by a Mr and Mrs Ma, former clients of Mr Hong. The proceedings related to the purchase of a property which had issues relating to weather-tightness (“Ma proceedings”). [5] Following receipt of the Ma proceedings, Mr Hong initially corresponded by lette...

8. King v Commissioner of Police [2023] NZHRRT 19 [pdf, 263 KB]

   ...arresting officers may not have had an opportunity to see the NIA alert, they were aware that Mr King had claustrophobia, that it was acute and that he needed the food hatch open. Police brought no evidence to show why on this occasion Mr King’s request for the food hatch to be opened was not responded to by the officers at least discussing the request with him. Nor did Police bring any evidence as to why Mr King was not immediately attended to once he began to suffer claustrophobia sy...

9. Maori Trustee - Waerenga-a-Hika Māori Cemetery (2017) 73 Tairāwhiti MB 16 (73 TRW 16) [pdf, 445 KB]

   ...responsible trustee of the urupā. How it came to hold that position is complex. I set out a brief account below. [5] On 2 December 1875 the Native Land Court determined the ownership of Makauri No 7.1 Waerenga-a-Hika urupā is located on this former title. The area on which Waerenga- a-Hika urupā is located was vested in the WH Tucker trust. The history of the transactions relating to Makauri 7 Block indicates that that block was sold and not confiscated. [6] In 1927 representat...

10. ZA v YB LCRO 333/2012 (15 August 2014) [pdf, 89 KB]

    ...assessor had regard to all of the material on Mr YB’s file and did not in any way suggest that Mr YB’s work was substandard. In addition, the outcome of the settlement conference was positive for Mr ZA and it seems to me that he and his wife formed the view as the conference proceeded that they would be better to settle the matter rather than continue to trial. Whether this was a result of a realisation of what was before them or an acceptance that they no longer wished to run...