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1. Casas v Navarette-Scholes [2016] NZIACDT 33 (28 June 2016) [pdf, 112 KB]

   ...the jurisdiction where she provided services. [33.2] I am not satisfied that Ms Navarette-Scholes was required to travel in this case. Other licensed immigration advisers will routinely provide services of this kind from New Zealand using other forms of communication. [33.3] There is no evidence that costs of professional services in the Philippines are higher than New Zealand. [33.4] At the very least, Ms Navarette-Scholes had to disclose the split between Ms Pizarras and herself in...

2. Roberts - Okoroire 457N1 Maori Reservation (2016) 141 Waiariki MB 134 (141 WAR 134) [pdf, 228 KB]

   ...by 15 to seven. [9] Prior to the 8 April 2016 hearing to confirm and appoint the elected trustees, 6 the Court received the applicant’s objections to the appointment of Ms Gail Hamilton and Mr Grant Mahirahi Thompson. [10] Ms Roberts also requested that two nominations deemed invalid, one for lateness and the other for being filed incorrectly, be reconsidered. At the hearing I declined to do so. The call for nominations and the election process had been over-cautiously notifi...

3. [2017] NZEmpC 149 P v A [pdf, 184 KB]

   ...paragraphs from the memorandum. 2 With due respects, this obviously is not to cast an personal aspersions, intentionally or unintentionally on His Honour however more due to circumstances in question. 3 With more due respects, this view has been formed by the plaintiff for reasons/grounds including and post the interlocutory judgment dated 28/7/17 and the procedures followed by the Honourable Court thereof. [4] P’s application for a rehearing is presently held in abeyan...

4. Nicholls v Nicholls - Estate of Wiremu Uru Nicholls (2002) 104 Hauraki MB 82 (104 H 82) [pdf, 2.9 MB]

   ...sought in the application. It does not serve to vest the lands in the beneficiaries. Applications will be needed for that purpose and no doubt some of the beneficiaries will wish their entitlements to be vested in whanau trusts which they have formed. The Maori land interests of the deceased have been searched and a list is set out hereunder so that this information may be carried forward onto any further application under section 100(2)(e). List of Maori Land Interests of Billy N...

5. [2021] NZEnvC 012 Davis v Gisborne District Council [pdf, 709 KB]

   ...2 ELRNZ 138 (PT). 5 for a helpful summary of the relevant principles and factors to be considered.21 No party disagreed with the basic legal principles to be applied to this application.22 [8] The fundamental basis for the Residents' claim is that:23 (a) Both the Council and the Club advanced arguments (being central to their case) that were without substance24 and emphatically rejected by the Court; and further (b) For its part, the Council failed to perform its duties...

6. [2019] NZEnvC 120 The Friends of Sherwood Trust v Auckland Council [pdf, 216 KB]

   ...deponents (four for Friends of Sherwood and the Trust Board, three for the Council, two for DOC and one (Dr Sinclair) on behalf of the Public Health Service). [6] The hearing took place over two days on 13 and 14 September 2018. Ms Grey 1 The request to join as co-applicant was made by Ms Grey on behalf of Ngati Paoa on 10 September 2018. Ngati Paoa was subsequently joined as the second applicant with the consent of all parties. 3 represented both applicants at the hearing. At the...

7. Hutcheson v Clarkson - Mangamaire B2 Trust (2019) 81 Takitimu MB 52 (81 TKT 52) [pdf, 252 KB]

   ...provide the information sought or face the consequences;6 6 68 Tākitimu MB 132, 2 May 2018 (68 TKT 132) 81 Takitimu MB 58 (j) 22 May 2018 – the trustees seek to withhold information claiming confidentiality in the context of questions put to them by Mr Francois and this was followed by a further email exchange between counsel; (k) 18 December 2018 – the Court issues interim judgment setting out further directions f...

8. [2020] NZREADT 15 - Motupally - Interim Decision (12 May 2020) [pdf, 259 KB]

   ...effect. [28] The Notice of Appeal asserts that Mr Flannagan’s advice on 28 July 2018 about how much rent had to be paid made the appellants aware of “huge rent” which occurred on 28 July 2018. It also refers to the fact that the appellant requested a meeting with the licensees to “resolve rent variation and signage costs” but the licensees were “not helpful at all, instead advised it was too late to resolve at this stage and I would risk losing all my investment. The...

9. [2022] NZEmpC 185 McPherson v Oji Fibre Solutions (NZ) Ltd [pdf, 270 KB]

   ...McPherson’s statement of problem of 27 May 2021, he alleged that he had been entitled to refuse to work what were in fact extra hours. He also asserted that there was not a qualifying availability provision which required him to attend work when requested because there was no allowance for compensation as required under s 67D of the Act. [18] An application for interim reinstatement was brought. The Authority found against Mr McPherson on various grounds. [19] In...

10. Karaitiana-Bryant v Karaitiana - Waipahihi 4H [2024] Chief Judge's MB 278 (2024 CJ 278) [pdf, 300 KB]

    ...eight names of the transferees. Everyone in Court should have heard the list. That fact alone would normally be sufficient for me to find that there was no mistake or omission made by the Court. When coupled with the failure to sign the requisite forms before Court accepting the shares, and the fact that Erimana or Irimana did nothing about the matter, the outcome is consistent with the decision. [23] However, a technical mistake was made. Moari intended only part of his shares to...