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1. Myhre - Ngapaeruru No 1B No 2C No 2 (2019) 73 Tākitimu MB 176 (73 TKT 176) [pdf, 340 KB]

   ...election at a meeting of owners is a useful means of obtaining such evidence. [19] I adopt the reasoning set out in that decision. Discussion Do the proposed trustees have the necessary abilities, experience and knowledge? [20] The consent form for Mr Eriha does not list any relevant skills or qualifications for assessing his suitability as a trustee. As Mr Eriha did not provide a response to any of Ms Clarkson’s allegations and did not file anything in writing, it is difficul...

2. [2021] NZEnvC 153 Remediation (NZ) Limited v Taranaki Regional Council [pdf, 178 KB]

   ...queried whether Mr Tupper meets the requirement of having an interest in the proceeding that is greater than the general public has. [4] The Council’s memorandum of 11 August 2021 records in relation to discussions about mediation the following requests Mr Tupper made to the Court: (a) that the Council declare its opposition to any future consent sought by RNZ, and an intent to negotiate for all financial costs associated with future remediation of the site to be paid in full by...

3. KC & LQ v UT & LT [2021] NZDT 1551 (9 September 2021) [pdf, 137 KB]

   ...is a case to which section 9 of the FA applies and that each party is liable for 50% of the cost of a new fence. CI0301_CIV_DCDT_Order Page 4 of 5 Referee: L Trevelyan Date: 9 September 2021 Page 5 of 5 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...

4. Porter v Porter - Succession to Hakaraia Waka Porter (2024) 324 Waiariki MB 1 (324 WAR 1) [pdf, 222 KB]

   ...that Rua Te Nana is actually Samuel’s biological father. Rua Te Nana is deceased. The respondents have submitted photographs of Rua Te Nana to the Court and argue that there is a strong physical resemblance between Samuel and Rua Te Nana. DNA request [19] The respondents requested that the Court order Samuel to provide a DNA sample in order to verify his paternity. Samuel advised the Court by email on 8 May 2024 that he did not consent to this DNA test. In the Māori Land Cou...

5. [2020] NZEmpC 114 Ikundabose v McWatt Group Ltd [pdf, 242 KB]

   ...Ford observed that:10 [12] The authorities show that some special circumstance must be found to exist to warrant the ordering of a rehearing. It would be an impossible burden on this Court if a rehearing under cl 5 could be obtained merely by request and there is a strong countervailing public interest consideration in having finality to litigation. [19] In the same decision Judge Ford discussed the sort of cases in which applications for a rehearing have generally succeeded....

6. [2016] NZEmpC 2 Northern Amalgamated Workers Union of NZ v Golden Bay Cement [pdf, 205 KB]

   ...Union stated that Union members "feel gutted" that Golden Bay, having signed the collective agreement, was no longer honouring cl 24. However, counsel for the Union, Ms Helen White, confirmed in her closing submissions that there is no claim for breach of good faith. At the same time, counsel stressed that Golden Bay did sign the collective agreement containing cl 24 and she made the point that it was important that employees should be able to rely upon the terms of a se...

7. AAZ and ABA v ZZE and ZZD [2013] NZDT 29 (25 Febuary 2013) [pdf, 112 KB]

   ...reducing the amount of bubbles. (iii) As much as bubbles may be intentionally reduced, bubbles may be intentionally retained or intentionally increased. Bubbles can be one of the means of expression for the glass artist, just as texture or colour or form may be a means of expression. (iv) NY submitted that the general public perception of bubbles in glass is that they are a defect and they generally make a work less desirable. SD took a different view. It is unclear whether a...

8. [2013] NZEmpC 223 Wallace & Cooper Ltd t/a Andar Holdings v Irvine [pdf, 72 KB]

   ...interest on the remedies awarded. I decline to award interest at this stage of the matter. Any claim for interest should be made in the pleadings or, in exceptional cases, at the substantive hearing of a matter. That is because interest is a form of remedy and needs to be considered as part of the overall exercise of discretion to award remedies. In this case, there was no claim for interest made on behalf of the 1 [2013] NZEmpC...

9. E80 Karen Wilson - EIC - Te Ākitai Waiohua [pdf, 921 KB]

   ...of Waiohua, and founding ancestor of Te Ākitai, Kiwi Tāmaki was defeated in battle by Te Taou. 21. Te Waitematā Harbour also features significant motu to Te Ākitai Waiohua, including Pahiki (Herald Island) and Motumanawa (Pollen Island). A former Waiohua motu pa was situated on Matungaegae (Watchman’s Island), which was much larger than the sandstone islet that exists today. 22. According Te Ākitai Waiohua tikanga, various bodies of water have their own taniwha or spiritu...

10. LCRO 76/2013 OP v The Trust (21 July 2017) [pdf, 127 KB]

    ...Committee considered that Mr OP had two choices when Mr SJ asked if Ms LM had secured employment elsewhere. He should have either given an honest answer, or told Mr SJ he was instructed not to respond. Mr OP had done neither, and the Committee formed the view that Mr OP’s duty to Ms LM did not justify a falsehood to another practitioner. The Committee was also critical of Mr OP for having failed to put right his misdirection. [16] The Committee concluded that conduct on the p...