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1. [2016] NZEmpC 12 Auckland International Airport Ltd v APC oral judgement [pdf, 84 KB]

   ...JUDGMENT OF CHIEF JUDGE G L COLGAN [1] The first respondent has not appeared at this scheduled first call of the case following the making of freezing orders affecting her on 15 February 2016. [2] The orders that follow on the applicant’s request are to lie in court until the applicant proves service on the first respondent by affidavit later today. [3] Subject to proof of service as just outlined, I am satisfied that the proceedings have been brought to the first respondent’...

2. [2016] NZSSAA 007 (24 February 2016) [pdf, 40 KB]

   ...affected by the appeal in the manner anticipated by the Social Security Act 1964. The Benefits Review Committee did not confirm or vary the decision of the Chief Executive to grant a benefit to XXXX. Rather, it declined jurisdiction to consider the request by Mr and Mrs XXXX for a review. A decision about its jurisdiction is one solely for the Benefits Review Committee. No decision of the Chief Executive is involved. It cannot be said that the decision that Mr and Mrs XXXX wish to app...

3. LA v VY LCRO 217 / 2010 (30 April 2012) [pdf, 73 KB]

   ...rateable value. He described the house as being full of rubbish, with an iron roof that was lifting, holes in the walls, fences falling over and lawns that had not been mowed, with an interior covered in black mould from floor to ceiling. [6] At my request the Practitioner forwarded a copy of all of the accounts relating to work he had done for Mrs D, in relation to the house sale and the estate. [7] I have considered all of the information provided by both the Applicant and...

4. Bisschoff v Yerman [2016] NZIACDT 44 (30 August 2016) [pdf, 127 KB]

   ...response after the decision, I note that at the hearing of this complaint and when addressing sanctions in respect of another complaint, the Tribunal had the opportunity of assessing Ms Yerman’s intentions. The Tribunal reached the point where it requested Ms Yerman to attend in person to address the complaints; so I had the benefit of hearing her in person. [6] It was clear Ms Yerman, with the assistance of her counsel, had undertaken a re-evaluation of how the Immigration Advisers Li...

5. Western Bay of Plenty Distrisc Council v Clarke - Te Puke 1A24 (2007) 318 Rotorua MB 140 (318 ROT 140) [pdf, 1 MB]

   ...ahu whenua trust over the land for the purpose of enforcing the charging order. That would involve an alienation which is forbidden under s338(11). [12] 'Alienation' is defmed in s4 of Te Ture Whenua Maori Act 1993 and includes every form of disposition of Maori land or of any legal or equitable interest in Maori land whether divided or undivided. The appointment of a receiver or aIm whenua trustees will involve legal and equitable alienations. [13] There are a number of...

6. LCRO 101/2016 PL v OH (29 November 2018) [pdf, 92 KB]

   ...elsewhere, but the consequences for the purchaser are significant. [21] Mrs PL says she does not believe that Ms OH did not know the vendor was registered for GST at the time the Agreement was entered into and that she had a duty to ensure the form of the Agreement correctly reflected the vendor’s GST status when it was returned to her lawyer after signature by the vendor. [22] In this regard, it is important to note that the vendor’s GST details in Schedule 2 of the agreement...

7. [2022] NZACC 95 - Watson v ACC (19 May 2022) [pdf, 168 KB]

   ...Ms Watson’s claim for deemed cover for a chronic regional pain syndrome. 2 (b) Appeal ACR 236/21 was lodged on 19 October 2021. The appeal was filed in respect of a decision of a Reviewer dated 20 September 2021, granting Ms Watson’s request to withdraw her appeal and awarding her costs. [2] On 27 April 2022, Judge Spiller issued a Minute which directed that Ms Watson formally apply for leave to file the appeal out of time and set out the reasons why the appeal was file...

8. 2010 Decisions of public interest

   ...Court, Chief Judge Colgan and Couch J, 3 November 2010] - Scope and application of s 32(1)(e) and s 34 of Employment Relations Act 2000 in respect of requirement for parties engaged in collective bargaining to provide certain information to each other on request. McDonald v Ontrack Infrastructure Ltd And Anor [2010] NZEmpC 132 [Full Court, 5 October 2010] - Triangular/tripartite employment relationships. Section 6 of ERA to be applied in determining whether there is a contract of service betwee...

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9. [2017] NZEmpC 77 Idea Services Ltd v Crozier [pdf, 413 KB]

   IDEA SERVICES LIMITED v LYN CROZIER NZEmpC WELLINGTON [2017] NZEmpC 77 [19 June 2017] IN THE EMPLOYMENT COURT WELLINGTON [2017] NZEmpC 77 EMPC 273/2016 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN IDEA SERVICES LIMITED Plaintiff AND LYN CROZIER Defendant Hearing: 8, 9, 10 and 11 May 2017 (heard at Wellington) Appearances: P McBride and F Lear, counsel for the plaintiff

10. Moses – Hopuruahine East & 12 other blocks (2014) 37 Tairawhiti MB 238 (37 TRW 238) [pdf, 125 KB]

    ...T a Māori Trust Board with the people named 1-10 above. [13] A notice of intention to appear and supporting affidavits were filed for Tūhoe Te Uru Taumatua and Tūhoe Waikaremoana Māori Trust Board. Counsel for the Tūhoe Te Uru Taumatua requested an adjournment but that request was declined based upon the considerable amount of time and resources expended on the matter including sending out direct notice and publishing notice in national and local newspapers. I further note tha...