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1. 2017 NZSSAA 072 (18 December 2017) [pdf, 178 KB]

   ...copy of an email headed “apology letter” from a Ministry official saying that the Ministry’s response to the appellant involved “a human error made by an individual” and acknowledged that the appellant was “provided with incorrect information” and that “at times mistakes are made”. [14] The apology letter itself dated 30 May 2017 contains a paragraph stating: You have explained that over the past year and a half since the medical problems with your foot began, you...

2. Hura v Hura - Estate of Maata Raumati (2007) 192 Aotea MB 235 (192 AOT 235) [pdf, 2.3 MB]

   ...further submissions received on 24 August 2007: (a) it is not accepted that the respondent should be able to avoid costs because of an allegation that a European approach has been taken; (b) the applicant's instructions are that he made multiple requests of the respondent for infonnation and it was only because no information has been provided over many years that proceedings were filed in the Maori Land C01ll1; (c) it was acknowledged by the judge and counsel for the respond...

3. LCRO 5/2017 QU v JP, YE and KJ (31 March 2017) [pdf, 115 KB]

   ...case. (f) Mr JP was not a party to the District Court proceedings. (g) The Committee had failed to consider the possibility of members of the public accessing the Court file. (h) The District Court had a genuine interest in not receiving the information contained in the decisions. [10] Mr YE provided response to Mr QU’s application. He submitted that: (a) Discovery is an exception to the rule about confidentiality. 4 (b) There are many situations where confidential docume...

4. LCRO 174/2014 VS v DH [pdf, 260 KB]

   ...“section 16 of the Wills Amendment Act 1955 implies a children’s substitution clause into all wills”. [7] A month later on 14 April 2005, having been made aware of Mr NG’s advice, Mr DH informed Mr K by letter that he acted for Mrs TS. He requested that Mr K obtain independent advice. [8] Mrs TS died in January 2006. Her will provided that Mrs L, and Mrs CN would each receive “a one-half share in … [the [Town] land] subject to a life tenancy for Mrs L in respect...

5. 2017 NZSSAA 040 (20 July 2017) [pdf, 183 KB]

   ...who were managing to care for their adult daughter ceased to have that capacity, and high costs have been imposed on the health system which now provides fulltime care. [35] Given the potential to avoid such a costly outcome for the State, we requested that counsel for the Chief Executive report on whether there were any alternatives to provide alternative support. The Chief Executive’s duty [36] The Chief Executive provided submissions claiming that this appeal could not dete...

6. Haretuku - Succession to Pirihira Te Whatu [2020] Chief Judge's MB 142 (2020 CJ 142 [pdf, 367 KB]

   ...Report. Copies of the objections were distributed to parties on 17 May 2019 and set down for hearing in Whangārei. All parties were notified of the hearing together with a copy of Ms Haretuku’s objections. [7] On 17 May 2019, Ms Haretuku requested a hearing in Rotorua and, an adjournment for six months to prepare. I declined the request. [8] The application was heard before me in Rotorua on 14 June 2019 where I heard evidence from Ms Haretuku expressing her views about the b...

7. [2018] NZSSAA 25 (25 May 2018) [pdf, 264 KB]

   ...long-term residential care; but, if they are not able to do so, funding is provided under the Social Security Act 1964 (the Act). In this case, the appellant is receiving care, and the dispute concerns whether her assets include the value of her former home. That affects whether she is required to pay for her own care. [2] The appellant first went into long-term care in early 2016, and in March of that year moved to a facility catering for a higher level of care. About that time, s...

8. [2022] NZEmpC 5 VMR v Civil Aviation Authority [pdf, 519 KB]

   ...to avoid the effect of the applicable legal requirements, or to redeploy them. [2] Subsequently, the plaintiffs raised an employment relationship problem in the Employment Relations Authority. They then sought interim reinstatement to their former positions based on a dismissal grievance. That application was declined.1 [3] The plaintiffs then brought a challenge on a de novo basis. They say that there are serious questions to be tried due to their dismissals, and that the bala...

9. [2012] NZEmpC 17 Transpacific Industries Group (NZ) Ltd v Harris & Others [pdf, 90 KB]

   ...agreement. It also alleged that, by actively soliciting business from Transpacific’s customers on behalf of Smart, Mr Harris was in breach of clause 7.2. [5] In addition to that interim relief, Transpacific also sought permanent relief in the form of a declaration that Mr Harris had breached the terms of the employment agreement and penalties for those breaches pursuant to s 134(1) of the Employment Relations Act 2000 (the Act). Transpacific sought to have penalties imposed on...

10. Trustees of the Horina Nepia & Te Hiwi Piahana Whanau Trust v Ngati Tukorehe Tribal Committee & Tahamata Incorporation (2014) 319 Aotea MB 238 (319 AOT 238) [pdf, 186 KB]

    ...Court file, I consider witness costs of $1,200 appropriate in the circumstances of this case for the amount claimed on behalf of Mr Poutama. Can any costs award be met from the dividends received from the Incorporation by the Trust? [25] Counsel requested that any future dividends due to the Trust be charged: In addition, and given that the applicants are apparently the subject themselves of a grant of special aid for their own legal costs, it is submitted that this is an approp...