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1. [2015] NZEmpC 146 Hally Labels Ltd v Powell costs [pdf, 87 KB]

   ...unreasonable position in opposing the plaintiff’s interlocutory application for leave to amend pleadings prior to trial. The lengthy hearing of that application degenerated into what was effectively a strike-out application by Mr Powell without any formal application having been filed. Leave was granted to the plaintiff extending the time to file the amended pleadings. 4 [8] Counsel for Hally submits in the alternative that, should it not receive an award of costs, then cost...

2. McGregor v Hutchison - Mangamaire B13A Trust (2015) 40 Tākitimu MB 19 (40 TKT 19) [pdf, 176 KB]

   ...comments that the applicants are in effect seeking a review of the current trustees’ role in these events. [2] Mr Hutchison accepts that he was convicted as described by the applicants. However both he and at least two of the current trustees request that he not be removed. The grounds argued were that Mr Hutchison has “done a lot” for the owners and for the trust over the years and that, in any case, he had repaid the money. It was also said that Mr Hutchison had been co...

3. Mohammadalibeigy v Yap [2015] NZIACDT 7 (13 February 2015) [pdf, 88 KB]

   ...inter partes matter. Public interest issues arise in many professional disciplinary cases, and that is so in the present case. The complaint, as it is made out, is relevant to Mr Yap’s fitness to practice. [18] The Tribunal will take account of a request to withdraw a complaint, but it is not the complainant’s right to withdraw a complaint from the Tribunal. [19] This Tribunal, as is commonly the case for professional disciplinary tribunals, has an inquisitorial function. The Tribun...

4. ENVC Hearing 6Oct14 s274 evidence chief John Hall [pdf, 70 KB]

   IN THE Matter of the Resource Management Act 1991 (the Act) And IN THE MATTER of Notice of Motion under Section 87G requesting the granting of resource consent to WAIHEKE MARINAS LIMITED to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf (ENV-2013-AKL-000174) STATEMENT OF EVIDENCE BY JOHN H HALL 1 My name is John Halliday Hall. My wife and I live at 56 Beach Parade, Oneroa, Waiheke Island. We support the application by Waiheke Marinas Limited to establish a mari...

5. Searancke - Lot 3 DP 427106 and part Pouawa 1 Sbdn 3 Lot 2 Sec 7 Block (2015) 51 Tairawhiti MB 66 (51 TRW 66) [pdf, 148 KB]

   ...Court on 8 May 2015. 3 Plans produced before the Court show that Lot 3 DP 427106 and Part Pouawa 1 Subdivision 3 Lot 2 Section 7 Block, CFR 506817 is divided into two non-contiguous Lots which hold the same appellation. It is those two Lots that form the basis of this application. [6] The lower Makorori Beach side Lot (current valuation is approximately $455,000) is used frequently by the public and the higher Lot is on the hillside heading towards Gisborne. According to Mrs Ingri...

6. [2014] NZEmpC 197 Vince Roberts Electrical Ltd v Carroll Anor oral interlocutory [pdf, 63 KB]

   ...available. Ms Lewis today has agreed that that is not necessarily now the position and that amended pleadings can be filed on behalf of the first defendant in the present circumstances, accepting for the moment that the documents which have been requested are no longer available. That is not the end of those issues though. When this matter does proceed to a substantive hearing, the actions of Mrs Roberts, who has been representing the plaintiff company up until now, and Mr Robert...

7. [2015] NZEmpC 222 Marra Construction (2004) Ltd v Pretorius [pdf, 146 KB]

   ...challenge could not be accepted and an application for leave would need to be filed instead. [10] On 10 November 2015, the documents and filing fee were received by the Auckland Registry. [11] On 12 November 2015, Marra filed an application which requested in effect an extension of time for filing its challenge; the supporting material asserted that the documents had been filed within time, but the filing fee had not. [12] On 26 November 2015, counsel for the defendant, Mr Jacob...

8. ENVC Hearing 6Oct14 DM expert Paul Monin [pdf, 159 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 (DRAFT) STATEMENT OF EVIDENCE OF PAUL MONIN (HISTORICAL BACKGROUND) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS 29 July 20...

9. Aupouri – Mabel Aupouri Whānau Trust (2014) 37 Tairawhiti MB 93 (37 TRW 93) [pdf, 96 KB]

   ...written consent from Mabel Aupouri, to the inclusion of her Māori land interests in Ahikouka A3B1 and her General land block, was filed with the application. However, Mabel did not appear in Court, and her hand written signature on the consent form seems to be indicative of ill health or old age. Māori Land Court Hearing [4] The matter came before the Court on 4 November 2013 when I reserved my decision, primarily to review the draft clauses that were being suggested for the whā...

10. [2015] NZSSAA 002 (13 February 2015) [pdf, 37 KB]

    ...to 4 August 2013. Following receipt of this information, the Ministry assessed that the appellant had been overpaid $3,038.90. The appellant was advised of the overpayment. [7] The appellant’s benefit was cancelled on 20 August 2013 at her request. [8] The appellant sought a review of the decision to establish and recover the overpayment. The matter was reviewed internally and by a Benefits Review Committee. The Benefits Review Committee upheld the decision of the Chief Execu...