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1. 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...

2. Gupta v Dhar [2017] NZIACDT 11 (4 August 2017) [pdf, 231 KB]

   ...Standards 2016. These are matters for the Registrar, not the Tribunal. For the reasons discussed, the Registrar is in a much better position than the Tribunal to make such evaluations given the wider information she can obtain. [38] The Tribunal requests that the Registrar engage with the adviser to put in place an arrangement that will allow him to prepare an application and mentoring arrangement and have the Registrar review it. The Registrar can then decide whether to issue a p...

3. Huata-Kupa v Puna - Puninga 4A1B Trust (2021) 89 Takitimu MB 82 (89 TKT 82) [pdf, 245 KB]

   ...WHAKATAUNGA Ā KAIWHAKAWĀ L R HARVEY Judgment of Judge L R Harvey Hei kōrero tīmatanga Introduction [1] Tania Huata-Kupa seeks the removal of Te Roera Puna as a responsible trustee of Puninga 4A1B Trust. She claimed that Mr Puna had failed to attend duly convened trustee meetings without reasonable excuse, had acted contrary to the duties of a trustee and had assaulted her daughter at a meeting of owners. For these reasons alone, she submit...

4. [2020] NZEmpC 170 New Zealand Technology Group Hawkes Bay Ltd v Flashoff [pdf, 244 KB]

   ...passwords of its various services and has effectively locked NZTG out preventing it from providing those services. He also says the funds going to ETL is the second biggest item of value to NZTG. [15] In a supplementary affidavit filed at the request of the Court, Mr Smith says NZTG’s claims could total $4.3 million for ongoing losses. [16] The Authority established a timetable for the filing of evidence about NZTG’s claims, and directed that an investigation meeting be held...

5. [2019] NZEmpC 198 Jobbitt v 4 Seasons Indoor Outdoor Living (2014) Ltd [pdf, 379 KB]

   ...in good faith with the employee, the employer is not required to comply with section 4(1A)(c) in making a decision whether to terminate an employment agreement under this section; and (b) the employer is not required to comply with a request under section 120 that relates to terminating an employment agreement under this section. [13] The amendments to these sections introduced a restriction, so that an employment agreement containing a trial provision may be entered in...

6. Proactive release - New Compensation Guidelines for Wrongful Conviction and Imprisonment [pdf, 756 KB]

   ...been considered and determined. Initial experience led to amendments to the Guidelines in 2000 and 2001. However, the Guidelines have not been revised, or considered by Cabinet since 2001. Subsequent experience has demonstrated that, in their current form, the Guidelines are difficult to apply consistently and fairly. Teina Pora’s application highlighted the inflationary impact on the rates for non-pecuniary loss, principally loss of liberty, which had not been adjusted since their introducti...

7. [2012] NZEmpC 120 McLeod v National Hearing Care (NZ) Ltd [pdf, 110 KB]

   ...filing of submissions. It was agreed that Mr Harrison would present his written submissions first and he was ordered to do so by 7 May 2012. Unfortunately, through an oversight, Mr Harrison failed to file his submissions on time and at his request the Court subsequently had to issue a further minute containing a revised timetabling order for the filing of submissions. The background [3] In brief, the events leading up to this litigation can be summarised reasonably neutrally...

8. [2015] NZEmpC 39 Scarborough v Micron Security Products Ltd [pdf, 126 KB]

   ...plaintiff filed a document entitled “Application Regarding Matters of Law” on 10 February. The document set out the reasons why Miss Scarborough considered that the Court should refer the matter back to the Authority; advised that she had requested an investigation into her dismissal by the Ministry of Social Development; contended that the Authority member had not carried out a thorough investigation and did not have material evidence to support her determination; and...

9. Tutakangahau v Boynton - Allotment 335 Parish of Waiotahi [2024] Chief Judge's MB 291 (2024 CJ 291) [pdf, 306 KB]

   ...Details of subsequent Orders affecting lands to which this application relates. 16. Consolidated order at 7 Waiariki MB 35-36 (26 April 2010). Details of payments made as a result of the Order 17. The block is not leased therefore no request has been made for details. Reference to areas of difficulty 18. There are no areas of difficulty to which this application relates. Consideration of whether matter needs to go to hearing 19. Upon the face of it there appe...

10. Mostafa v Accident Compensation Corporation (Cover Issues) [2023] NZACC 79 [pdf, 179 KB]

    ...the decline of cover for the right supraspinatus tear and the right subacromial and subdeltoid bursitis. [8] At the time of his injury on 8 February 2018, the Mr Mostafa was a truck driver for Carter Holt Harvey. According to the ACC injury claim form dated 1 March 2018, the description of injury is “Throwing strop over truck and felt pain in arm”. The diagnosis was sprained elbow/forearm – right side. The claim form includes a referral to a physiotherapist, with the sug...