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1. PDLA holiday period roster guidelines 2021 [pdf, 159 KB]

   ...service over the holiday period will run from 6pm on 17 December 2021 and will end 6am on 10 January 2022. The existing PDLA rosters/lists and rates will return to normal at 6am on 10 January 2022. All calls received after this time should be claimed at the per call rate of $75.00, on the usual PDLA invoice form. Copies of the roster and other resources The most up to date version of the roster will be available on our website below: justice.govt.nz/about/lawyers-and-service...

2. RC v TR Ltd [2021] NZDT 1573 (15 July 2021) [pdf, 185 KB]

   ...the parties to be varied. The outstanding amount is overdue and therefore an order is made for payment of $1,626.00 by RC. Referee: B M Smallbone Date: Thursday, 15 July 2021 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

3. Karaitiana v Carroll – Matahiwi No 4B, Waipuka 2R Sec 3 and Waipuka 3A3A (2014) 29 Takitimu MB 214 (29 TKT 214) [pdf, 205 KB]

   ...[1] Florence Karaitiana has applied to create an ahu whenua trust over Matahiwi No 4B Waipuka 2R Sec 3 and Waipuka 3A3A. The applicant claims that there are pressing and urgent management issues concerning the use of the blocks that requires a formal administrative structure to be established. Ms Karaitiana says that the owners who participated in a meeting of owners held on 28 June 2013 support the proposal to create an ahu whenua trust, which will facilitate the utilisation and d...

4. Hallett - Opawa Rangitoto 2D and 2G [2016] Chief Judge's MB 88 (2016 CJ 88) [pdf, 201 KB]

   ...affecting lands to which this application relates 14. There are no subsequent orders affected to which this application relates. Details of payments made as a result of the Order 15. The applicant is an owner in Part Opawa Rangitoto 2D2 and a request for information has been sent to the Lake Taupo Forest Trust. Reference to areas of difficulty The 2014 section 45 Application 16. The applicant seeks to challenge an order of the Chief Judge at 2009 Chief Judge’s...

5. Nikora v Trustees of Tuhoe - Te Uru Taumatua Trust (2021) 252 Waiariki MB 157 (252 WAR 157) [pdf, 342 KB]

   ...from the marae committee and disregarded nominations from the reservation trust, despite the marae committee not appearing to qualify as a “hapū trust” under TUT’s own definition in the trust deed. There is also no evidence of nomination forms, or further information on candidates being provided. In addition, it appears that the purported tribal delegates may not have been elected by the hapū trust as required. These are all breaches of the detailed appointment process se...

6. [2023] NZEmpC 173 Pact Group v Robinson [pdf, 334 KB]

   ...electronic time recording system used by all staff, the records from Ms Robinson’s work phone and the GPS records on her work vehicle. All of this occurred without Ms Robinson’s knowledge. [8] By 28 September 2021 Ms Robinson had completed the requested training. [9] On 28 September 2021, Mr Cardy wrote to Ms Robinson explaining that he had undertaken a review of her current workload and that as a result he had some concerns in relation to how she was spending her work hour...

7. [2013] NZEmpC 81 Brake v Grace Team Accounting Ltd [pdf, 191 KB]

   ...11 [1996] 1 NZLR 548 (CA). [68] Based on these tests, Mr Reid submitted that in the present case there was a mutual underlying assumption upon which both parties to this employment agreement acted in forming the employment relationship in August 2009 and through to 12 April 2010. That mutual underlying assumption, he contended, was that the defendant’s present workload, as evidenced by the defendant’s turnover, was of such a nature to

8. Auckland Standards Committee 1 v Hart [2011] NZLCDT 36 [pdf, 122 KB]

   ...charged by the practitioner to a client, Mr W. A summary of the events leading up to the laying of the charge is as follows: 21 November 2006 [8] Mr Tomlinson, a new lawyer for Mr W, made a complaint to Auckland District Law Society (“ADLS”) requesting a costs revision. 18 May 2007 [9] The practitioner and the client settled their costs dispute by private arrangement. It is noted in minutes of a meeting of Complaints Committee No. 2 dated 14 October 2008 that prior to the...

9. [2006] NZEmpC CC 11/06 Michael Pearcy Investments Ltd v Miller [pdf, 65 KB]

   ...by Mr Pearcy on behalf of the plaintiff including the following terms which were acceptable to the defendant: • A base salary of $30,000 per year • 4 weeks’ annual leave and 5 days’ sick leave per year • A company vehicle in the form of a second hand Toyota Landcruiser recently purchased by the plaintiff • A cell phone [15] Mr Pearcy and the defendant both gave evidence that, in addition to the base salary, commission would be paid and that it would be at the rate...

10. Baigent v ACC [2014] NZACA 10 [pdf, 55 KB]

    ...backdated attendant care compensation, which Mr Baigent declined because he contended that compensation should be based on the rates paid for 24-hour attendant care by a registered nurse, as this was the level of his actual care needs. [5] I have no information concerning the negotiations that took place between 1998 and March 2006, and I have therefore confined the balance of the background to cover the subsequent review and appeal decisions concerning the rate at which Mr Baigent’...