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1. Adams v Accident Compensation Corporation [2015] NZACA 8 [pdf, 175 KB]

   ...identified any failing by that lawyer material to whether an extension of time should be granted for a delay of 33 years. Nor is the Authority, as a tribunal, in any position to compel a lawyer to act for a party nor 8 can it refuse a request to withdraw, except perhaps in the face of an imminent hearing. [36] In his submissions to the Authority of 28 May, Mr Adams refers to various earnings figures for 1977 and 1978. I have not been sent any corroborative documents....

2. [2017] NZEmpC 24 Tradefog Global Co Ltd v Bartholomeusz [pdf, 177 KB]

   ...distinguished between a determination that was procedural and one that was substantive. The Court noted that a key indication of whether a determination was substantive was whether it affected the remedies sought by the parties or otherwise formed part of the resolution of the employment relationship problem. 19 Conversely, a procedural determination directed the manner in which the employment relationship problem between the parties was resolved or would “determine the envi...

3. Ngāi Tahu Ki Murihiku - EiC - D Whaanga - Culture (5 Feb 2021) [PDF, 440 KB]

   ...mana o te wai, is derived from the mana of those maunga. How we look after the waters of Te Mata-au and connected lands has an impact on te mana o te wai, on the mana of our people and the mana of our tūpuna. 9. In our traditions, water forms the origins of life itself. Through the union of Mākū (moisture) and Mahoranuiātea (the great expanse or light), Raki (sky) was born. Raki shared a great love with Papatūānuku (Earth) but they were separated from one another. We ar...

4. Watene v Edwards - Mangaroa X (2021) 87 Takitimu MB 190 (87 TKT 190) [pdf, 321 KB]

   ...WHAKATAUNGA Ā KAIWHAKAWĀ L R HARVEY Judgment of Judge L R Harvey Hei kōrero tīmatanga Introduction [1] Alayna Watene seeks a review of the Mangaroa X Trust, which she confirmed was due in 2018. In addition, Ms Watene requests directions regarding trustee resignations, what she claims has been a lack of secretarial support; and due diligence concerning the lease of the trust’s land. In support of the application Ms Watene filed financial reports for...

5. 2020 NZEnvC 113 Ahuareka Trustees no 2 Limited v Auckland Council [pdf, 11 MB]

   ...Appellant relentlessly pursued this argument regardless of being put on notice that it was without merit, requiring the Council to address the matter again in legal submissions at the hearing. The Council's submissions in response to this point form Attachment A to the Council's opening submissions. 31. It is submitted that, in this way, the Appellant has conducted its case in a way that unnecessarily lengthened the hearing and as a result the Council has incurred unnece...

6. Nyman v Appleton - Succession to Felix Appleton [2018] Chief Judge's MB 31 (2018 CJ 31) [pdf, 341 KB]

   ...advisory trustee. 9. In his Will the deceased had inserted a clause which is reproduced as set out below: 4.0 I give: (1) The interest which I own at my death in any Māori freehold land; and (2) The beneficial interest in land which forms part of any Māori Incorporation to be divided equally among my children, Vena Muriwai Appleton, Michael George Wharenui Appleton and Kelley Nyman living at my death. 10. In her supporting correspondence to the Court, the applicant...

7. Puha v Crawford - Mokoia 19A (2021) 439 Aotea MB 68 (439 AOT 68) [pdf, 363 KB]

   ...Aotea MB 236-240 (403 AOT 236-240) 11 414 Aotea MB 291-292 (414 AOT 291-292) 12 427 Aotea MB 17-36 (427 AOT 17-36) 439 Aotea MB 72 [15] An important issue raised by Ms Batt was the payment by the trustees of $12,000.00 to Raewyn Nepia, who claimed she was a representative of the Tucker family. The trustees, it would appear, did not check that information despite the fact that the applicant had already filed her application and taking into the account the issues regarding the...

8. [2015] NZEmpC 113 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 82 KB]

   ...particular circumstances of this case, by leave. [2] Essentially the plaintiff says that her case is not ready for trial and, in addition, its hearing will require more than the five days allocated, about one month hence. [3] Despite the informality of the plaintiff’s application and her failure to obtain leave to do so, I will deal with the application which is opposed by the defendant. [4] The plaintiff’s grounds include that there are still outstanding interlocutory...

9. Crieff v Tongue LCRO 162 / 2009 (13 November 2009) [pdf, 42 KB]

   ...advisor had not heard from Ms Tongue for some time and indicating that a response was required by the other side by 12 January 2009. That email was followed up by Mr Crieff the next day by an email to another member of Ms Tongue’s firm with a request that it be responded to, Ms Tongue was copied into that email. On 5 January 2009 Mr Crieff again emailed another member of Ms Tongue’s firm with a request that the matter be followed up, Ms Tongue was copied into that email also. Mr C...

10. Director of Proceedings v Taikura Trust [2012] NZHRRT 3 [pdf, 37 KB]

    ...following relief: a. Damages pursuant to s 57(1)(b); b. Damages pursuant to s 57(1)(c); c. Damages pursuant to s 57(1)(d); d. Such other relief as the Tribunal thinks fit pursuant to s 54(1)(e); and e. Costs. 6. These other aspects of the relief claimed by the plaintiffs have been resolved between the parties by negotiated agreement. The defendant has paid a compensatory sum to the aggrieved person’s estate to be held on trust for the benefit of her daughter. 7. There is no issue...