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1. Ngataki v Kumete - Parish of Karaka Lot 64D (2016) 121 Waikato Maniapoto MB 184 (121 WMN 184) [pdf, 383 KB]

   ...and make a number of other allegations of trespass and nuisance. 6 106 Waikato MB 178-181 (106 W 178-181). 121 Waikato Maniapoto MB 189 [10] Mrs Patricia Gray, one of the owners of Lot 64A, filed an application on 22 May 2015. 7 She seeks, inter alia, an order for cancellation of the 2002 deed pursuant to the Contractual Remedies Act 1979, an order restraining the trustees from burying people in Lot 64A, an order for removal...

2. Wall v Karaitiana - Tauhara Middle 15 Trust (2008) 87 Taupo MB 107 (87 TPO 107) [pdf, 14 MB]

   ...June 2007 as that was the proposed sett lement date for the purchase. The amended application repeated the earlier gTounds with the exception that the loan amount had redu ced fi'om $500,000 to $450,000. A fillther affidavit ofMr Wall was filed on 19 June 2007. [32] Counsel for the respondent filed notices of opposition and an intention to appear dated 22 June 2007 stating the investment which the trust contemplated and which is said to require the execution of the instrument i...

3. Phillips - Estate of Edith Iritana Phillips [2019] Chief Judge's MB 981 (2019 CJ 981) [pdf, 335 KB]

   ...Judgment: 12 September 2019 JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX 2019 Chief Judge’s MB 982 Introduction [1] Phillip Thomas Phillips (the applicant) has filed an application under s 45 of Te Ture Whenua Māori Act 1993 (the Act), to amend the succession and whānau trust order made on 11 July 2011 at 26 Taitokerau MB 255-263 relating to Iritana Edith Piripi or Phillips (nee Pene) (the deceased

4. Scarborough v Kelly Services (NZ) Ltd (Application for Non-Publication Orders) [2015] NZHRRT 43 [pdf, 77 KB]

   ...other details which might lead to his identification. Position taken by plaintiff and first defendant [2] As recorded in the Minute dated 3 September 2015 at [25], Ms Scarborough, who is representing herself, does not oppose the application and has filed memoranda dated 3 September 2015 and 7 September 2015 confirming her position. [3] As further recorded in the Minute at [24], the first defendant (Kelly Services (New Zealand) Ltd) (Kelly Services) supports the application but does no...

5. Naera v Fenwick - Whakapoungakau 24 Block (2010) 11 Waiariki MB 191 (11 WAR 191) [pdf, 122 KB]

   ...concluded. More recently that court affirmed this point when declining an application for grant of aid that was made after the hearing: Pomare v Rangihaeata 7 . In that decision the Appellate Court restated the importance of applications for aid being filed in advance 8 : “[6] There are good reasons why parties who claim that they are unable to prosecute their case without special aid are expected to apply for special aid prior to any hearing taking place. This encourages the p...

6. Argyle v Macdee McLennan Construction Ltd & Ors [2012] NZWHT Auckland 30 [pdf, 361 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-101-000037 [2012] NZWHT AUCKLAND 30 BETWEEN SIMON WRIGHT AND CHRISTINE ARGYLE Claimants AND MACDEE MCLENNAN CONSTRUCTION LIMITED First Respondent AND DUNCAN MCLENNAN Second Respondent AND PORIRUA CITY COUNCIL Third Respondent AND ALAN HEATHCOTE (Removed) Fourth Respondent AND COLIN PROUSE Fifth Respondent AND GERRY KNOL Sixth Respondent Hearing: 23 June 2011 Appearances: Richard Johnstone

7. [2022] NZEnvC 247 Country Lifestyles Limited v Auckland Council [pdf, 441 KB]

   Wedd et al IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2022] NZEnvC 247 IN THE MATTER an appeal under section 358 of the Resource Management Act 1991 (Act) AND applications for declarations under section 311 of the Act BETWEEN COUNTRY LIFESTYLES LIMITED (ENV-2021-AKL-000051) Appellant / Applicant INFOTECH ACCOUNTANTS LIMITED (ENV-2021-AKL-000149) C WEDD (ENV-2022-AKL-000001) Applicants AND AUCKLAND CO

8. [2007] NZEmpC 6A/07 Otago Taxis Ltd v Strong [pdf, 96 KB]

   ...remedies be granted to the defendant: a) Three months’ wages without reduction; b) $5,000 compensation for humiliation, loss of dignity, and hurt feelings for the fact and manner of the unjustified dismissal without reduction; c) $70 filing fee in the Employment Relations Authority; and d) the full costs incurred by the defendant as a result of the plaintiff’s election and in relation to all interlocutory matters before the Court. [62] The defendant’s evidence as to...

9. [2011] NZEmpC 29 Bunton v Garden City Helicopters Ltd [pdf, 184 KB]

   ...17 Ross-Taylor at [30]. have experienced since the recent dreadful earthquakes, I put no time limit on the filing of those submissions although I would hope to receive something within the next three months. If nothing has been filed, the position can then be reviewed. B S Travis Judge Judgment signed at 4.30pm on 31 March 2011

10. Wells & Anor v REAA CAC 20007 & Anor [2014] NZREADT 36 [pdf, 83 KB]

    ...matters in issue must include the following key question: what did the appellants and the licensee understand the position to be as to when the deposit would be paid? 5 [30] Mr Clancy then made various helpful references to the evidence filed as follows: [31] He noted that the appellants submit that the licensee failed to collect the deposit as they suggest he should have done when the contract became unconditional on 15 September 2011. The deposit is stated in the Agreement f...