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1. [2024] NZREADT 32 – JX v CAC2201 & Baker (13 September 2024) [pdf, 265 KB]

   ...[33] There are submissions from the purchaser (10 October 2023, 9 May, 24 July and 4 September 2024), the Authority (20 June 2024) and the licensee (4 June and 3 July 2024). The licensee provided a statement (29 August 2024) at the Tribunal’s request. JURISDICTION AND PRINCIPLES [34] This is an appeal pursuant to s 111 of the Act. [35] The appeal is by way of a rehearing.3 It proceeds on the basis of the evidence before the Committee, though leave can be granted to admit fre...

2. Renner v Brownlie – Pipituangi A Block (2013) 29 Tairawhiti MB 57 (29 TRW 57) [pdf, 172 KB]

   ...for costs. The case manager then sent a letter asking Dr John Bunbury if he would accept appointment to represent the trustees, to be paid by the Special Aid Fund. On the same day, the case manager wrote to the trustees advising them of this request to Dr Bunbury. The applicants responded requesting to know why the trustees’ legal representation would be paid for by the Special Aid Fund, why security for costs was an issue, and why the trust itself was not responsible for secur...

3. Williams v Trustees of Parahirahi C1 (2005) 37 Kaikohe MB 212 (37 KH 212) [pdf, 6.5 MB]

   ...the application are recorded in full below as: I. At the AGM held on 3 May 2003, the treasurer produced the "AGM Financial Report" a copy of which is annexed to an Affidavit by Mere Martin dated 09 July 2003. The Affidavit refers to the requests made on . behalf of beneficiaries for further information. None had been provided. 2. We require clarification of the infOimation provided In the "Financial Report"; • There is no statement, of assets owned by the Trust...

4. [2019] NZEmpC 187 Byrne v The New Zealand Transport Agency [pdf, 411 KB]

   ...husband, as well as statements made by one of her former colleagues. Accordingly, WSP Opus was asked to remove her from her role. No reasons were given by NZTA staff, even when pressed. WSP Opus considered it had no option but to comply with the request and advised Mrs Byrne accordingly. [3] She says that in all the circumstances she was disparaged in breach of the non-disparagement clause of the settlement agreement. [4] Mrs Byrne raised an employment relationship problem whic...

5. [2019] NZEmpC 31 Talbot Agriculture Ltd v Wate [pdf, 495 KB]

   ...not been granted. Second, because neither party had an expectation Mr Wate would be paid during this time.7 [25] The argument that Mr Wate was a volunteer rested on his presence at Talbot Agriculture’s workplace coming about because of a request to assist him made by Mr Horan, and a desire to be helpful, not an intention to begin employment. This request was said to have been made because Mr Wate did not have anywhere else to go. The company, and by extension members of the...

6. [2007] NZEmpC WC 1/07 Hunter v National Institute of Water and Atmospheric Research Ltd [pdf, 49 KB]

   ...offend against the provisions of the collective agreement but in any event is a matter for the Authority to decide as part of its determination. [23] It is unlikely that this matter will come back before the Court. Accordingly, counsel have requested I deal finally with costs on the application for interim injunction. Mr Crotty submitted that the application was necessary on an urgent basis and that I should make an order based on Category 2(B) of the High Court Scale. This, he...

7. EBT v Mudaliar [2015] NZIACDT 92 (16 October 2015) [pdf, 200 KB]

   ...depends upon trust. A striking-off order will not necessarily follow in such a case, but it may well. The decision whether to strike off or to suspend will often involve a fine and difficult exercise of judgment, to be made by the tribunal as an informed and expert body on all the facts of the case. [30] As a Full Court observed in McDonald v Canterbury District Law Society (High Court, Wellington, M 215/87, 10 August 1989, Eichelbaum CJ, Heron and Ellis JJ) at p 12: Even in the absen...

8. Deer - Estate of Rihi Hoone Pekama [2017] Chief Judge's MB 133 (2017 CJ 133) [pdf, 436 KB]

   ...Succession MB 83-84 the Court made succession orders relating to David Anthony Cox also known as David (Rawiri) Pekama or David De Kama. Details of payments made as a result of the Order 13. On 10 September 2013 notice was sent to the Māori Trustee requesting that a hold be placed over the client accounts affected by this application and to provide details of what payments (if any) have been made to date. 14. On 11 September 2014 reply correspondence was received from the Māo...

9. [2019] NZEmpC 18 Watts & Hughes Construction Ltd v De Buyzer [pdf, 315 KB]

   ...involved in placing Mr de Buyzer with WHCL. WHCL concluded that Mr de Buyzer’s evidence before the Authority had been incorrect. It then instituted the challenge. It says that at the hearing of the challenge, it will provide the additional information which it has now obtained. [26] In response, it is asserted for Mr de Buyzer that the so-called fresh evidence should have been provided to the Authority. Applicable principles [27] Rule 15.1 of the High Court Rules 2016 app...

10. [2022] NZEnvC 175 Greensmith v Auckland Council [pdf, 1.5 MB]

    ...lost the ability to enforce the fencing costs order against the neighbouring property; and (g) the Council's position was unmeritorious, because it failed to produce cogent and probative evidence to support the Abatement Notice, despite the requests from Ms Greensmith. Council's response [13] The Council responded to the application. Its response was supported by an affidavit from Jonathan Bruce Reddell, Principal Specialist at Auckland Council. The Council seeks tha...