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1. [2006] NZEmpC AC 72/06 Williams v Kimberleys Fashions Ltd [pdf, 85 KB]

   ...had raised the difficulties she was having with Ms Toumadj with upper management. She spoke to Ms Harrison about it. Ms Harrison told Ms Williams that they would have to sort it out between themselves. Ms Harrison, according to her evidence, formed the view that indeed they did sort out their problems between them and that the relationship improved. However, the company clearly knew of the previous difficulties between the two when it directed Ms Toumadj to conduct the disciplin...

2. Bloor - Ngapini and Tarawa Trust (2014) 36 Takitimu MB 186 (36 TKT 186) [pdf, 227 KB]

   ...MB 290, and at page 298 the Māori Land Court stated: The requirement for the Māori Land Court therefore is to look at the disadvantages and unsuitability of any application to terminate the trust and determine the wisdom and fairness of such a request having regard to the interests of the persons affected. In Ngarara West B3B (2003) 134 AOT 20 the Māori Land Court observed that the power to terminate is discretionary and must be invoked with caution. It further stated that the...

3. Trustees of Te Waiti 2C2 v Allison - Te Waiti No2C No2 (2014) 107 Waiariki MB 115 (107 WAR 115) [pdf, 245 KB]

   ...conferred on a court by subpart 2 of Part 6 of the Property Law Act 2007. [24] Subpart 2 of Part 6 of the Property Law Act 2007 encompasses ss 321 to 325 and relates to wrongly placed structures. It allows the Court to provide relief in a number of forms if the Court considers it is just and equitable in the circumstances to do so. [25] In Elkington v Estate of Ruruku the High Court considered s 24 of the Act and jurisdiction regarding powers under the Property Law Act 1952 as they...

4. Wikitera v Anderson - Rangitoto Tuhua 70B No 1B (2015) 106 Waikato Maniapoto MB 201 (106 WMN 201) [pdf, 235 KB]

   ...constituted an arbitration agreement. My reason being that the parties had not yet got to the stage of mediation let alone arbitration. [19] That issue is answered by the authorities Aitken v Ishimaru Ltd, 4 and Sure Care Services Ltd v At Your Request Franchise Group Ltd. 5 [20] In the Aitken case, counsel opposing the stay application submitted that an agreement did not qualify as an arbitration agreement as the reference to arbitration was dependent on optional mediation. Tha...

5. Potangaroa - Golden Sarel Potangaroa [2015] Chief Judge's MB 562 (2015 CJ 562) [pdf, 293 KB]

   ...application relates 23. There are no subsequent orders to which this application relates. Details of payments made as a result of the Order Māori Trustee/Te Tumu Paeroa 24. In an email to Te Tumu Paeroa dated 29 August 2014, the Court requested that a hold be placed over the client accounts for Jonboy Potangaroa for the following land blocks, pending the outcome of this application: Blocks Owner Okurupatu A32C1A Jonboy Koroingo Potangaroa Te Ore Ore 2A Jonboy...

6. [2013] NZEmpC 175 Tranzit Coachlines Wairarapa v Morgan & Wilson [pdf, 171 KB]

   ...of defence consists of a series of admissions and denials. Insofar as the employment agreement for the first defendant, Paul Morgan, is concerned, this cannot be located. However, he admits in the statement of defence that it was in the same form as that of the first defendant, Ms Wilson. The Authority’s determination [9] The determination consists of a traversal of ss 12, 16, 29, 30, 34 and 40 of the Holidays Act and a consideration of the statement of agreed facts filed in...

7. Payne v CAC 20005 & Ors [2014] NZREADT 1 [pdf, 152 KB]

   ...December 2004 from the Registrar to the appellant setting out the consequences of him not doing so. Such correspondence continued through to 24 March 2005, when a letter dated 24 March 2005 was delivered to the appellant’s letterbox by Ms Bullen, requesting access to his house at the property. The appellant admitted that under cross examination. Until that point, the appellant had been asserting that the sale took place without his knowledge and without an opportunity to let the agent...

8. ENVC Hearing 27Jul15 AT Anthony Blom [pdf, 646 KB]

   ...N McIndoe nicky.mcindoe@kensingtonswan.com 5380666.5 In the Environment Court of New Zealand Auckland Registry ENV-2013-AKL-000174 Under the Resource Management Act 1991 (the Act) In the matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Supplementary statement of evidence of Anthony William Blom for Auckland Transport Da...

9. Building a return on investment capability in the Justice sector [pdf, 652 KB]

   ...be usefully applied to the Justice sector - Agree that we will brief you on broader options to advance an Investment Approach to Justice by the end of April 2015, rather than March 2015, to allow us time to receive advice from actuaries to inform this briefing - Forward this paper to the Ministers of Finance, Police, Corrections, and the Attorney-General. - Contacts for telephone discussion (if required) Name Position Telephone 1st contact (work) (a/h) Paul O’Conn...

10. Holt & Ors as Trustees of the Kahala Trust v Auckland Council [2011] NZWHT Auckland 15 [pdf, 129 KB]

    ...saddle flashings. Therefore they considered the membrane installer was required to ensure weathertightness by using upstands at various junctions. The junctions between the waterproofing membrane and the block work were in their opinion poorly formed and this resulted in water Page | 6 infiltrating deck areas at the junction of the membrane and column upstand. [13] Both Mr Nevill and Mr Maiden also agreed that the membrane installer had not complied with the require...