Search Results

1. [2018] NZEmpC 52 Smith v Director-General of the Ministry for Primary Industries [pdf, 340 KB]

   ...McKenzie’s submission that the disbursement was unnecessary because of the defendant’s in-house resources. The defendant incurred the expense of having copying and binding undertaken by an external source and there is no basis to decline its request for reimbursement merely because it could have produced the bundle itself. [17] That leaves for assessment Mr Smith’s claim of an inability to pay. Ability to pay [18] Mr Smith has raised his ability to pay as a reason...

2. Tata v Kara - Waiwhakaata 3E4C Lot 2A (2016)121 Waikato Maniapoto MB 2 (121 WMN 2) [pdf, 177 KB]

   ...will simply abide the decision of the Court. [4] In a minute dated 29 March 2016, I indicated that I would determine this application on the papers, although I granted leave for ANZ, or the second respondent, to seek to be heard in person. No request was made to have the application heard in person and so I have determined this application on the papers. [5] The issue in this case is whether the order for non-party discovery should be granted. The Law [6] The making of an o...

3. Te Wani v Peters - Te Puru No 5 (2016) 119 Waikato Maniapoto MB 275 (119 WMN 275) [pdf, 175 KB]

   ...provided four separate items of evidence on this issue, they are: 1 Te Wani v Peters – Te Puru No 5 Block (2015) 112 Waikato Maniapoto MB 49 (112 WMN 49). 2 Ibid at [60]. In reality the $350 is a form of occupation fee. 3 Ibid at [65] and [66]. 4 Ibid at [68]. 5 Further supplementary affidavit of Tuhaiti Dennis Te Wani dated 11 April 2016. 119 Waikato Maniapoto MB 277 a) Amended brief of evidence – 22 October 2015;...

4. Farquhar - Palmerston North Māori Reserve Trust (2016) 358 Aotea MB 19 (358 AOT 19) [pdf, 178 KB]

   ...people of Waiwhetu by a series of transactions prior to the commencement of the Native Land Courts in the mid nineteenth century. They received these lands in consideration of lands taken in the Lower Hutt and Wainuiōmata and have held them in one form or another ever since. [6] Of course an application such as this has the effect of extinguishing the preferred classes’ right to first refusal on an alienation. A unique effect of the facts in this case is that in terms of the defi...

5. [2017] NZEmpC 5 Edminstin v Sanford Limited [pdf, 128 KB]

   ...Court only a week or so previously, and who was Sanford’s usual point of contact for purchasing and maintaining on- board electronics including the Koden. It appears that the Koden card was provided to Mr Edminstin by Mr Frame at the former’s request and that Mr Frame travelled to Bluff and downloaded Koden and other electronic data from Toiler but without the involvement or perhaps even knowledge of Sanford. Mr Frame then billed Mr Edminstin for these services and for the purc...

6. BORA Biofuel Bill [pdf, 292 KB]

   ...dwellinghouse or marae in order to ascertain compliance with the Act. The authorised person may examine and take copies of any property, books, accounts, vouchers, records, or documents (including records or documents held in electronic or other form). The authorised person may also require any person to supply any information or particulars that might be required and may take samples of any engine fuel, petroleum, or biomass. 7. We have concluded that new section 35B appears to be reas...

7. Te Kanawa v Earle - Pukehina M Section 1B No 3 (2018) 193 Waiariki MB 151 (193 WAR 151) [pdf, 278 KB]

   ...there has been encroachment onto the section that has been allocated for exclusive use to Mrs McDonald as will be confirmed in the Court record. (3) The Court sought clarity as to where these sections boundaries should be and that was actually requested, if I recall it, from the respondents in this matter. So the Court did that and we have a plan which clearly shows in blue lines the areas which have been allocated for the three respondents concerned and it is clearly showing tha...

8. Evidence Brief: Scared Straight Programmes [pdf, 284 KB]

   ...tours of prisons occurred earlier,i the recorded history of Scared Straight as it is currently understood starts in New Jersey’s Rahway State Prison in 1975.ii In this prison, a small group of prisoners serving sentences of more than 25 years formed the ‘lifers group’ and, through their own initiative, obtained the agreement of the prison superintendent, a local judge, and the local police chief, to begin bringing groups of young offenders into the prison. iii Once...

9. [2021] NZEnvC 058 The Tree Council (Auckland) Inc v Auckland Council & Zheng [pdf, 895 KB]

   ...of notable trees, 3 attached as Appendix 2, for its botanic and visual amenity values. [7] For reasons which Mr Lockhart describes as an administrative oversight, this identification was not carried over into the current district plan which forms part of the Auckland Unitary Plan. The inadvertent nature of this appears to be corroborated by news reports of statements made by Auckland Council officers. However, those reports also indicate that the Auckland Council does not presen...

10. MVDT Annual Report 2016-2017 [pdf, 206 KB]

    ...December 2016, the purchasers discovered some three months after purchasing their late model Volkswagen that it had been assessed by Queensland authorities as a statutory write-off due to water damage. The trader had disclosed on the consumer information notice (CIN) that the vehicle was imported as damaged. However, the purchasers denied they saw the CIN prior to purchase. In any event, the trader did not specifically disclose to them that the vehicle was a statutory write-off i...