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1. Edwards - Succession to Ngarangi Kanoa Babbington [2021] Chief Judge's MB 755 (2021 CJ 755) [pdf, 535 KB]

   ...KAIWHAKAWĀ MATUA ISAAC Judgment of Chief WW Isaac 2021 Chief Judge’s MB 756 Hei timatanga kōrero - Introduction [1] On 13 September 2019, Maryanne Georgina Edwards and Aidan Jonathan Austyne Edwards filed this application pursuant to s 45 of Te Ture Whenua Māori Act 1993 (“the Act”). [2] The applicants seek to amend the succession order made at 151 Aotea MB 79- 82 on 18 March 2005. The order relates to the estate of Ngarangi...

2. [2024] NZEmpC 131 Boyd v OJI [pdf, 363 KB]

   ...automatically operate as a stay of the determination. She explained that a challenge to the Employment Court would not automatically mean that Mr Boyd would not have to pay the sums ordered by the Authority. Ms Fechney also said that if a challenge was filed at the Employment Court and an application for stay was made, the most likely outcome would be that Mr Boyd would have to pay the sums of money to either OJI or to the Employment Court’s bank account. Second deter...

3. [2024] NZEnvC 079 Maungaharuru-Tangitū Trust v Hastings District Council [pdf, 19 MB]

   ...streams and lakes, this section applies to the protection of those rivers, streams and lakes that are Waahi Tapu or Waahi Wāhi Taonga. FINANCIAL INSTRUMENTS Financial incentives including rates relief, waiving or refund of consent application fees will be utilised to encourage protection of cultural heritage including Waahi Tapu, Waahi Wāhi Taonga and sites of significance where appropriate. This recognises land owners and developers who provide for the protection of Waahi...

4. Firmin v ACC [2013] NZACA 15 [pdf, 87 KB]

   ...right of appeal against the review decision and then abandoned the appeal. [7] In May 2010, the strike out application was adjourned by consent so that Mr Firmin could apply to the Authority for leave to reinstate the withdrawn appeal and/or to file a late appeal in respect of the review decision of 7 August 2005. In the event the application to the Authority failed, the parties agreed that both applications would be heard together and the strike out application would be incorporated i...

5. LCRO 73/2024 OR v SV (3 September 2024) [pdf, 249 KB]

   ...same as the events giving rise to a separate complaint made against the respondent’s employer and a consequent review application by her. I was the review officer who determined that review application. [3] The materials on that separate review file provided more comprehensive factual background than is available from the materials available to me on the file for this review application. Consequently, I take the liberty of repeating much of the factual background 2 from my dec...

6. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

   ...determination and elected to have a full hearing of the whole matter. [2] The plaintiff raised his personal grievance alleging an unjustified dismissal on 19 February 2003 and mediation later that year did not settle the grievance. The plaintiff filed a statement of problem in the Employment Relations Authority on 12 December 2005 and an investigation meeting took place on 29 May 2006. The Authority issued its determination on 15 June 2006. [3] The Employment Court h...

7. Hohepa v Banks - Waima C30A [2019] Māori Appellate Court MB 629 (2019 APPEAL 629) [pdf, 442 KB]

   ...“bach”. This evidence was subsequently confirmed and clarified in a written brief of evidence.1 Following the filing of this written brief, counsel for the Trust indicated that he did not wish to cross-examine this evidence, and instead he filed a brief of evidence from Desmond Pouri Warmington dated 19 August 2019. This brief confirmed that the bach would have been uninhabitable when it was demolished by Pihema Hohepa shortly before he built on the land. Counsel for Hiwi Hohe...

8. FINAL-2021-Research-Memorandum-Witness-Familiarisation.pdf [pdf, 300 KB]

   ...courthouse and courtroom, and where everyone will sit in the court, their role is ultimately to serve the court, not the victim. This, combined with their high case workload often precludes them from properly being able to prepare complainants to feel confident to give their best evidence, especially when being cross examined. In contrast, some other jurisdictions such as the United Kingdom, have developed a thorough independent witness familiarisation processes. 8. Te Tangi o Te M...

9. Chalecki v Accident Compensation Corporation (Entitlement to Vocational Rehabilitation Costs, Decision Capable of Review) [2023] NZACC 88 [pdf, 297 KB]

   ...review given it was not set down within the three months required by s 146(1) of the Act. (33) Judge Powell then went on to consider the effects of that deemed decision. He found that: [47] … Having looked through all the documents filed by the parties, I am unable to ascertain exactly what was sought to be reimbursed by Mr Chalecki in respect of rehabilitation and transportation costs, let alone the statutory basis for any such reimbursement to be made. In particular,...

10. Cummings v KAM Transport Limited [2025] NZHRRT 8 [pdf, 276 KB]

    ...resignation. [14] Mr Cummings subsequently lodged a complaint with the Privacy Commissioner regarding his allegation that KAM had interfered with his privacy. Following the conclusion of the Privacy Commissioner’s investigation in May 2022, Mr Cummings filed his claim in the Tribunal. THE CLAIM [15] Mr Cummings claims that KAM interfered with his privacy by disclosing without authorisation his personal information regarding his refusal to undertake a drug test, in 4...