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1. Tioro v McCallum - Estate of Ngapiki Waaka Hakaraia [2015] Māori Appellate Court MB 483 (2015 APPEAL 483) [pdf, 228 KB]

   ...daughter ANIHAKA TE ORO but if she has predeceased me then to her issue living at my death per stirpes and not per capita. 2015 Māori Appellate Court MB 485 [3] Johannes Hakaraia and Te Aroha Waiaua Hakaraia survived Ngapiki and therefore clause 3 of the will applied to Ngapiki’s estate. They accordingly each received a one-half life interest in the estate with the remainder to their respective issue. Johannes Hakaraia’s life interest [4] Johannes Hakaraia died in...

2. [2017] NZEmpC 52 Unite Union Inc v Restaurant Brands Ltd [pdf, 303 KB]

   UNITE UNION INC v RESTAURANT BRANDS LIMITED NZEmpC AUCKLAND [2017] NZEmpC 52 [12 May 2017] IN THE EMPLOYMENT COURT AUCKLAND [2017] NZEmpC 52 EMPC 186/2016 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN UNITE UNION INC Plaintiff AND RESTAURANT BRANDS LIMITED Defendant Hearing: 10 November 2016 Appearances: P Cranney, counsel, and D Allan, advocate for plaintiff S Langton

3. Wellington Standards Committee v Sawyer [2013] NZLCDT 47 [pdf, 84 KB]

   ...deferred for some four years and thus the transaction was a somewhat unusual one and carried particular risks. This was recognised by the practitioner to some extent and he redrafted the agreement to provide for a much more significant deposit, and a clause which would allow settlement to be brought on with 12 months notice. However in redrafting he failed to notice that an accruals clause that was in the original contract was not included in the new contract, which had particular...

4. [2023] NZREADT 7 - CAC 2002 v Sun (6 April 2023) [pdf, 309 KB]

   ...April 2016. Another prospective purchaser, NA (who did not end up purchasing a lot) visited the site with Ms Sun in late May 2016. Also WZ and WE visited the site in late May or early June 2016. [36] Ms Sun also referred to a “list and sell” clause which was attached to the ASPs. This clause stated as follows: List & Sell Clause The Vendor acknowledges that they have been advised by Barfoot & Thompson that exposing the property through a marketing and promotion camp...

5. [2023] NZEmpC 56 Te Whatu Ora – Health New Zealand v Public Service Association, Te Pūkenga Here Tikanga Mahi [pdf, 471 KB]

   ...significant resources to the pay equity claims. However, he would take advice on that point. [34] In August 2021, the DHBs provided a draft terms of settlement (TOS) for the proposed Allied MECAs. Under “Pay Equity”, there was an entry “Review clause given current Pay Equity process”. Mr Crawford said this referred to clauses in the existing MECAs and signalled an intention to update that clause rather than an intention to introduce new pay equity terms.5 He said the cl...

6. Trustees of Maungatautari 4G Sec IV v Maungatautari Ecological Island Trust - Maungatautari No 4G Sec IV (2014) 86 Waikato Maniapoto MB 248 (86 TTK 248) [pdf, 217 KB]

   ...tours on Maungatautari mountain. [21] Between March and June 2014, I held a series of telephone conferences with the parties and counsel. I was initially reluctant to set the matter down for a hearing given the presence of dispute resolution clauses in both the lease and easement instrument which directed the trustees and WDC to attempt to resolve their differences and if they could not, to then proceed to mediation. Ultimately the trustees and WDC could not resolve their differ...

7. [2010] NZEmpC 41 Shortland v Alexander Construction Co Ltd [pdf, 38 KB]

   ...restaurant and associated site works. It was a substantial project on which up to 48 staff were employed. [7] The terms of this aspect of the plaintiff’s employment were recorded in a written individual employment agreement dated 23 May 2007. Clause 3 of that agreement was: 3.0 TERM OF AGREEMENT 3.1 Fixed Term Individual Employment Agreement This Employment Agreement is an individual employment agreement entered into under the Employment Relations Act 2000. The parties agre...

8. NG v THZ [2013] NZIACDT 69 (22 October 2013) [pdf, 104 KB]

   ...for referral of the complaint as it disclosed there was a case that the adviser: [15.1] Was incompetent (section 44(2)(b) of the Act). [15.2] Engaged in dishonest or misleading behaviour (section 44(2)(d) of the Act). [15.3] Breached unspecified clauses of the Licensed Immigration Advisers Code of Conduct 2010 (“the Code of Conduct”) (section 44(2)(e) of the Act). The complainant’s arguments in support of the complaint [16] The Statement of Complaint identified the complainant...

9. Huata-Kupa v Puna - Puninga 4A1B Trust (2021) 89 Takitimu MB 82 (89 TKT 82) [pdf, 245 KB]

   ...hearing held on 7 April, which is far more detailed and has specific provisions on matters including the number and terms of trustees, the management of conflicts of interest, and the mode of voting on resolutions at general meetings of owners. Clause 16.1 of the new trust order provides that the trust must have no less than three trustees and no more than five at any time. I also note that clause 16.1(a) provides that trustees are to remain in office indefinitely until they resig...

10. Cations v The Real Estate Agents Authority (CAC 403) [2018] NZREADT 66 [pdf, 244 KB]

    ...Authority accepted that in respect of Property B, the natural interpretation of Mr Cations’ email of 20 August 2016 (referred to in paragraph [8], above) was that he had obtained the consent from the parties and their solicitors to the penalty interest clause, rather than the Committee’s interpretation. The Committee was in error in finding that Mr Cations had added a penalty interest clause without either party’s knowledge. Ms Davies submitted that while Mr Cations was still...