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1. Ngāti Moerewa Māori Incorporation v Sanson - Part Maungakawakawa 20 (2024) 274 Taitokerau MB 292 (274 TTK 292) [pdf, 348 KB]

   ...The Court awarded judgment in favour of SSKL in the amount of $205,091.66. [3] Mr Te Whata filed an application in this Court seeking a determination that the land held by the companies is Māori customary land. Mr Te Whata also sought various forms of ancillary relief including an injunction preventing SSKL from enforcing the judgment awarded by the High Court. [4] In 2021, I struck out Mr Te Whata’s application as it related to SSKL.1 I granted a stay of the proceeding as it...

2. Recording Industry Association of New Zealand v CAL2012-E000627 [2013] NZCOP 9 [pdf, 168 KB]

   ...in its Reply the means by which Slingshot says that it forwarded the infringement notices to the Respondent. The Applicant submitted that there had been proper notification of the three infringement notices. No Hearing [23] Neither party has requested a hearing, and the Tribunal sees no need to convene one. Accordingly, the application is being determined on the papers pursuant to s.122L of the Act. Discussion and Findings Presumptions [24] Section 122N of the Act provides th...

3. White v Potroz - Mohakatino Parininihi No 1c West 3A2 [2016] Māori Appellate Court MB 143 (2016 APPEAL 143) [pdf, 479 KB]

   ...Hughes attended in person on behalf of the respondents. At the outset of the hearing Ms Takitimu sought an adjournment on the basis that further research needed to be undertaken in relation to the chain of title to the land. Ms Hughes opposed the request. The lower Court did not expressly address the adjournment request but implicitly rejected it as the hearing proceeded and the subsequent decision under appeal was issued on the basis of that hearing. [36] Ms Takitimu referred...

4. [2009] NZEmpC AC 47/09 Hyro Services Pty Ltd v Speed [pdf, 30 KB]

   ...either the plaintiff or the New Zealand company, despite the plaintiff having been given an opportunity to take part in a telephone conference and having been served with a formal notice of the investigation meeting. [3] I therefore requested a report from the Authority, under s181(2) of the Employment Relations Act 2000 (“the Act”). [4] That request required the Authority, under s181(1)(a)-(b), to submit to the Court a written report giving the Authority's ass...

5. [2016] NZEmpC 70 S v I Ltd Interlocutory No three [pdf, 99 KB]

   ...is that when it purchased L Ltd in mid-2014 (that is after these proceedings were in train), a deliberate decision was made to retain in hard copy L Ltd’s documents that were relevant to the proceeding and all documents that had, by then, been requested by S’s former representative and his then advocate. I Ltd says that at that point there was no information that a significantly expanded list of documents would subsequently be sought by the plaintiff. [8] I Ltd says that its...

6. Director of Proceedings v Wilding International Ltd [2021] NZHRRT 45 [pdf, 351 KB]

   ...complained to the Commissioner about services provided to Mr A at Armourdene. 19. On 26 October 2018 the Commissioner sent a copy of the complaint to Armourdene and asked for a copy of Mr A’s clinical notes from 1 January 2018 onwards. The information was sought to help the Commissioner decide what action, if any, to take on the complaint. 20. The defendant did not provide the clinical notes sought by the Commissioner in response to that correspondence. 21. On or about 13 Nov...

7. ZYX v Attorney-General Non-Publication Order [2014] NZHRRT 44 [pdf, 39 KB]

   ...said to be that of a two to three year old child. Because the plaintiffs have an unusual surname, the identity of their children as persons with disabilities will be simple to deduce. Removal of the decision from the Ministry of Justice website is requested. [3] The Attorney-General opposes removal of the decision from the website but submits the Tribunal should consider anonymising the plaintiffs’ name to protect the privacy interests of their children. The Attorney-General submits...

8. WYX v Attorney-General (Non-Publication Order) [2014] NZHRRT 43 [pdf, 41 KB]

   ...said to be that of a two to three year old child. Because the plaintiffs have an unusual surname, the identity of their children as persons with disabilities will be simple to deduce. Removal of the decision from the Ministry of Justice website is requested. [3] The Attorney-General opposes removal of the decision from the website but submits the Tribunal should consider anonymising the plaintiffs’ name to protect the privacy interests of their children. The Attorney-General submits...

9. [2021] NZEmpC 162 GF v New Zealand Customs Service [pdf, 176 KB]

   ...person not be published,” subject to such conditions as the Court thinks fit. While the discretion is broad, it must be exercised consistently with applicable principles. The principle of open justice is a principle of fundamental importance. It forms the starting point for determining whether the circumstances of a particular case justify an order for non-publication.2 A party applying for such an order must establish that sound reasons exist for the making of an order of non...

10. [2021] NZEmpC 159 Guan v JAY.CO Ltd [pdf, 173 KB]

    ...which occurred over the several weeks of Mr Guan’s employment before reaching a conclusion as to whether the evidence he proposes to tender is in fact reliable. If issues 2 Attached to Mr Guan’s reply were two videos. They were not in a form which could be usefully viewed. I have therefore not considered this material. are to be raised as to whether the images are genuine, it may be necessary for forensic evidence to be provided on this topic. [15] Accordingly...