Search Results

1. [2018] NZEmpC 37 Edminstin v Sanford Ltd [pdf, 396 KB]

   ...result was for costs to lie where they fall. [26] Two alternative submissions were made. First, if costs are ordered, this Court’s scale should apply and not Alton-Lee, Binnie and Elmsly. If that happened, a reduction from the scale costs was requested to recognise the success it had. Second, the amount sought was said to be excessive. [27] Allied to these submissions was a claim that the hearing was really about a hypothetical question because Sanford had offered to give the...

2. [2018] NZEmpC 4 Ioan v Scott Technology NZ Ltd t/a Rocklabs [pdf, 340 KB]

   ...claim and now do so. [73] Mr Ioan’s claim for unjustifiable disadvantage is based on the induction checklist. Ms Gilbert, counsel for the plaintiff, submitted that the induction checklist, having been provided with the employment agreement, formed some of the conditions of Mr Ioan’s employment. I do not accept that. It is commonplace to have checklists for new employees and while it may be desirable for the parties to work through checklists, they are simply guidance and gen...

3. E60 Bob Hawkins - Nautical - EIC - Sealink [pdf, 849 KB]

   ...following: (a) A summary of my evidence (Executive Summary); (b) An assessment of the Application, including an overview of the key points from my peer review and where appropriate an update to my assessment taking into account the additional information that has been received since the completion of the Report (Assessment of the Application); (c) An update following expert witness conferencing, referring to the JWS where appropriate, and a response to issues raised in the Applica...

4. Yates v Nathan - Neville David Nathan Whanau Trust [2016] Chief Judge's MB 223 (2016 CJ 223) [pdf, 244 KB]

   ...district Māori Land Court, pursuant to section 214 of the Act, to create and vest his interest in the land known as “Lot 1 DP149622 Blk II Mangawhai SD” into the trust. 6. The grounds for the application were stated as being: I wish to form a Whānau Trust for myself and my children to protect their interests and have a place they can come home to and connect with one another in the future. The buildings on the property are to be included in this trust also. 7. Fil...

5. BORA Electoral Finance Bill [pdf, 444 KB]

   ...financial returns (clauses 26, 29, 31, 35, 37-39 & 47-49). 7.4 Where any person involved in the administration of the affairs of a candidate, party or third party knows the name and address of an anonymous donor, that person must disclose that information (clause 24). 7.5 Where a donation is made to a third party through a trust, other person or other arrangement, contributors' details and any contribution over the $500.00 limit must be disclosed if known or otherwise may not...

6. Boon v Tuwhangai - Kawhia U2B Block [2020] Chief Judges MB 1084 (2020 CJ 1084) [pdf, 309 KB]

   ...shares of Moeka Myra Moke on his own and his solicitor drew up a draft sale and purchase agreement to that affect in 1989. Mrs Ormsby then approached him in late 1989 and asked to have a place on the land to build. Mr Tuwhangai queried whether her request extended to the rest of her whānau and Mrs Ormsby advised they would not go there as they homes in Tokoroa. Mr Tuwhangai noted that he and Mrs Ormsby had grown up together and she was like a sister to him. He also ho...

7. [2017] NZEnvC 126 T Barrett v Thames Coromandel District Council [pdf, 9 MB]

   ...hearing it became clear that the intent of the runway markers is that they represent the area on which aircraft can land or takeoff, including in emergency situations. Mr Barrett's essential proposition was that the western and eastern ends formed accessories to the runway strip; but they were not part of the runway strip itself. A runway strip [10] A runway strip is utilised in the Plan as the basis for the calculation of takeoff/approach and side surface gradients. We repli...

8. [2017] NZEmpC 101 Nath v Advance International Cleaning Systems (NZ) Ltd [pdf, 217 KB]

   ...the Authority is required to dispose of problems and disputes promptly and without undue regard to technicalities. Consequently, when electing a non de novo challenge, careful attention should be given to the issue as to whether any additional information should be before the Court beyond that which is apparent from the determination under challenge. (emphasis added) [10] The challenge rights in s 179 have given rise to ongoing issues and confusion, particularly in circumstances...

9. Tatana - Estate of Ratahi Tatana (2017) 157 Taitokerau MB 132 (157 TTK 132) [pdf, 209 KB]

   ...the day to day farming operations were meant to be authorised by Owen. 157 Taitokerau MB 134 4.3 Ratahi Murray had been permitted to run beehives on the farm for approximately five years prior to Diane’s death. In return he was to perform some farm labour and pay rates. Ratahi failed to pay the rates and they fell into arrears. This was raised at the whānau hui following Diane’s death but he still failed to pay rates despite continuing to run bees on the farm. 4.4 O...

10. Tangitu - Parish of Te Puna Lot 154A2 (Epiha Urupā) (2005) 82 Tauranga MB 274 (82 T 274) [pdf, 1.2 MB]

    ...the block signed notices supporting the applicant's position, and the Court must give solid weight to the evidence provided by those notices. The applicant acknowledged that he had sent notices to about 30 owners. In terms of the consents forms signed by Jean Smith, Lena Nabbs and Bill Borell I think the only safe position for the Court, given the questions raised over those consents, is not to take them into account. While Mr Borell originally applied for the reservation he did...