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1. Moke v Trustees of Ngāti Tarāwhai Iwi Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265) [pdf, 334 KB]

   ...the affiliate iwi entity to receive all benefits, monies or property due, payable or transferable to the Ngāti Tarawhai Iwi at a meeting held at Waikohatu Marae on the 25th day of August 2007. [36] Ms Tahana says that this provision along with clause three of the trust deed make it clear on a plain and ordinary meaning that the trust was established for settlement purposes, to receive, hold and administer settlement assets. The lands were not the primary focus in the trust’s c...

2. [2006] NZEmpC AC 68/06 Colosimo & Anor v Parker [pdf, 78 KB]

   COLOSIMO & ANOR V PARKER AK AC 68/06 6 December 2006 IN THE EMPLOYMENT COURT AUCKLAND AC 68/06 ARC 73/05 IN THE MATTER OF a point of law challenge to a determination of the Employment Relations Authority BETWEEN MICHAEL COLOSIMO First Plaintiff AND TAFFY'S BAR LIMITED T/A THE KINGSLEY JONES Second Plaintiff AND GORDON PARKER Defendant Hearing: 16 October 2006 (Heard at Tauranga) Appearances: L Campbell, counsel for first plaintiff

3. Ratahi v CAC301 & Legge [2015] NZREADT 62 [pdf, 221 KB]

   ...that an agent is not entitled to any commission unless there is a listing or agency agreement in proper form. We take that to mean that an agent has no automatic right to require commission in terms of normal practice nor from a standard commission clause in the agreement for sale and purchase as was the position in this case. The effect of s.126(4) seems to over-ride rectification pursuant to the Illegal Contracts Act 1970. [91] However, if the agent is paid commission or been able t...

4. CAC20004 v Vessey [2015] NZREADT 10 [pdf, 174 KB]

   ...reached for the complainants to buy back the licensee’s shares in the company on 17 October 2012. Even then, it was intended that the defendant continue working in the business as a salesperson under an agreement containing a restraint of trade clause should he decide to resign. He resigned as a director of the company on 23 October 2012. He seems to have resigned as an employee on 11 November 2012. He now works for an opposition agency out of Waikanae and Paraparaumu. [22] Ms St...

5. [2018] NZEmpC 71 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 347 KB]

   ...proceeding she claimed the settlement agreement should be declared a nullity and set aside. The Authority concluded the settlement agreement was final and binding, and compromised the employment relationship problems so her claim was dismissed.2 [5] Dr Sawyer has challenged that determination. She did so by filing a proceeding pleading breaches by the Vice-Chancellor giving rise to constructive dismissal and an unjustified disadvantage. While it was implicit in the proceeding t...

6. Davis - Whangaruru Whakaturia 1D6B9A-D (2006) 108 Whangarei MB 219 (108 WH 219) [pdf, 4.2 MB]

   ...diary, but there is nothing before the Court to suggest that proper minutes have been kept. Furthermore, the Trust did not hold proper meetings. It is clear that the Trust has also failed to file its accounts and reports with the Court in telms of clause 32 of the Trust Order. It appears the Trust has not kept proper accounts. Despite several questions from the Court regarding the standard of accounts kept, the best Mr Karena could offer by way of explanation was that he has kept bund...

7. Rebecca Liv Stirnemann - Evidence in Chief [pdf, 699 KB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV-2015-AKL-0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Res~ondent STATEMENT OF EVIDENCE OF REBECCA LIV STIRNEMANN ON BEHALF OF THE ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INC Royal Forest and Bird Protection Society of New Zealand

8. LCRO 52/2022 AD v OC (12 July 2024) [pdf, 244 KB]

   ...through the legislation and ByLaws starting from the Local Government Act (LGA). However, my reading of the relevant sections (and TW’s letter and default notice) is that Council are arguing that: 1. You breached 7.4(a) of the ByLaw; 2. Under clause 13 of the ByLaw, and section 186 of the LGA, you were required to comply with the defect notice; 3. You did not comply with the defect notice, therefore Council was entitled to enter and complete the works to comply with the ByLaw; 4...

9. ND & OD v MF [2024] NZDT 32 (2 February 2024) [pdf, 206 KB]

   ...1 of 9 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 32 FIRST APPLICANT ND SECOND APPLICANT OD RESPONDENT MF The Tribunal orders: MF is to pay ND and OD the sum of $25,650.00 on or before Thursday, 22 February 2024. The balance of the claim is dismissed. REASONS 1. Over the course of 2021, the Applicants, ND and OD (together referred to as “the Ds”), advanced a total of $201,000.00 to their daughte...

10. The Māori Trustee v Smith - Waipaoa 5A2 (2016) 62 Tairawhiti MB 122 (62 TRW 122) [pdf, 471 KB]

    62 Tairawhiti MB 122 IN THE MĀORI LAND COURT OF NEW ZEALAND TAIRĀWHITI DISTRICT A20150003384 UNDER Sections 19(1)(a) and 20 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Waipaoa 5A2 – Injunction and Recovery of Māori Freehold Land BETWEEN THE MĀORI TRUSTEE Applicant AND BRUCE WINSTON ANDERSON SMITH Respondent A20140012500 A20150003329 A20150003333 UNDER Sections 240 and 43 of Te Ture Whenua Māori Act 1993 IN THE MA