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1. [2022] NZIACDT 15 - BC v Lawlor (29 June 2022) [pdf, 218 KB]

   ...reconsideration application on 10 September 2019, but did not ensure that payment of Immigration NZ’s 1 BC v Lawlor [2022] NZIACDT 10. 3 fee was made. It was declined on 26 September 2019, as the fee had not been paid. Mr Lawlor then made two requests for a visa under s 61 of the Immigration Act 2009, but these were unsuccessful. [10] In respect of the complainant’s father, Mr Lawlor filed a parent/grandparent visitor visa application on 10 January 2019. He chang...

2. David Bain report of Hon Ian Binnie QC on compensation claim [pdf, 1.1 MB]

                     REPORT FOR THE MINISTER OF JUSTICE   ON COMPENSATION CLAIM BY DAVID CULLEN BAIN   BY HON IAN BINNIE QC  30 August 2012       ‐ ii ‐  Table of Contents    MANDATE AND METHODOLOGY .......................................................................................................... 1  EXECUTIVE SUMMARY ...................................................................................................

3. [2021] NZEmpC 217 Humphreys v Humphreys and Chief Executive of the Ministry of Health [pdf, 368 KB]

   ...familial obligations. That assumption was rejected.6 5 Ministry of Health v Atkinson [2012] NZCA 184, [2012] 3 NZLR 456. 6 At [168]. [14] Mr Humphreys wrote to the Ministry’s agent, Disability Support Link, on 8 August 2012 requesting clarification as to why he was being contracted to provide care services rather than being employed. Disability Support Link wrote back advising that:7 As you will be aware, in the direct payment agreement between yourself and [Di...

4. AJ v ZQ LCRO 134 / 2010 (7 February 2011) [pdf, 139 KB]

   ...writing on at least four occasions – 31 July, 18 August, 24 August, and 26 August. In each case, the Applicant referred to the disputed amount and sought instructions from both parties as to the disbursement of the sale proceeds. [10] These requests were sent to the Respondent by email, as directed by her. The Respondent was only able to access these emails when she visited an internet cafe. She did not at any time respond in writing, whether by email or otherwise. However, the

5. [2013] NZEmpC 30 Looker v AG Walter & Sons Ltd [pdf, 119 KB]

   ...[14] On 15 November Mr Paewai responded, referring to Maori tikanga relating to the passing of whanau members but did not provide the details that Mr Upton contended ought to have been provided. Mr Paewai suggested that such details as were requested were obtainable, if required, after the grieving period. [15] By a minute on 15 November I granted the extension sought on the assumption that there had been a bereavement which required Mr Paewai’s attendance and there was no ev...

6. [2012] NZEmpC 51 New Zealand Cards Ltd v Ramsay [pdf, 130 KB]

   ...recording that Mr Ramsay was not directly dismissed in the course of the conversation. From an objective point of view, therefore, the employment relationship remained intact when he left. [36] Notwithstanding that, Mr Ramsay’s evidence is that he formed the view that evening that he had been dismissed. Mr Beresford submitted that this evidence should be rejected as incredible. He based that submission on two propositions. Firstly, he suggested that because Mr Ramsay had not a...

7. [2012] NZEmpC 47 TLNZ Auckland Ltd and C3 Ltd v Maritime Union of NZ and Parsloe & Ors and Jennings & 21 ors [pdf, 202 KB]

   ...allegedly have been handled by non-union labour. [15] Mr Pritchard deposed that he believes that the blacklisted containers will not be loaded onto the vessel by the union’s members, the third defendants. Mr Pritchard deposed that this belief was formed as a result of discussions with Garry Parsloe and Mr Mayn, two of the second defendants, respectively the President and the Secretary/Treasurer of the union’s Auckland branch. Mr Pritchard deposed that, if the 57 blacklisted...

8. Hulton Patchell Limited v Mitchell - Pukeroa Oruawhata Trust (2010) 5 Waiariki MB 246 (5 WAR 246) [pdf, 114 KB]

   ...from the Special Aid Fund, costs should lie where they fell but gave opportunity for counsel to make submissions if they considered that appropriate. [20] Mr Kahukiwa had previously sought payment of his costs from the Special Aid Fund and that request was granted in accordance with the Court’s standard practice of an appropriate estimate being provided by counsel at Waitangi Tribunal legal aid rates. Once in receipt of that estimate the Registrar should seek appropriate orders i...

9. Smith v Bristowe - Succession to Eruera Pereto [2023] Chief Judges Minute Book 39 (2023CJ 39) [pdf, 396 KB]

   ...was brought into question, I adjourned the matter to enable an opportunity for the Brown/Bristowe whānau to provide evidence as to rebuttal. [8] On 30 November 2021 the Court received submissions from the deceased’s nephews and nieces who requested an extension of time to investigate the matters raised by the application. On 8 December 2021 I directed that the descendants of the deceased had until 1 February 2022 to file written responses to the Court to investigate matters furth...

10. Foster v Wood - Taupo No.23 B Section 1 (2015) 108 Taitokerau MB 43 (108 TTK 43) [pdf, 192 KB]

    ...(b) To determine whether Ms Wood comes within the preferred class of alienees. [6] This decision addresses these two preliminary issues. As is the normal approach with oral decisions, I reserve the right to amend this decision but only as to form not as to substance and not to change the outcome of the decision I am about to make. Can I dismiss the application based on the opposition raised by Ms Windust? [7] Ms Windust opposes the sale of the block on the basis that it holds grea...