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1. Yan v CAC306 & Anor [2015] NZREADT 47 [pdf, 220 KB]

   ...her the time and opportunity to understand the contract before requesting me to sign. I told Hui that she should have understood the contract and policies of the auction before the auction, Hui told me that Tony never gave her any policies and information about the auction before the auction, she said Tony did not give her anything before the auction.” [33] In cross-examination by Mr Rea, Ms Wang said that she had not attended the auction herself but that the complainant telephoned he...

2. [2013] NZEmpC 145 AARTS v Barnardos NZ and Ors [pdf, 185 KB]

   ...this conduct in litigation. Although the parties were given an opportunity to seek leave to join counsel as a party for the purposes of costs, the defendant elected not to do so. The Court commented 5 that, had the unsuccessful plaintiff’s former counsel been joined as a party for the purposes of costs, “he would have very likely faced a substantial order made against him personally”. McKean was a very unusual case as the judgment records 6 “for reasons in part connecte...

3. [2013] NZEmpC 150 McConnell v Board of Trustees of Mt Roskill Grammar School [pdf, 155 KB]

   ...not a matter that I need to resolve. [73] I do not consider that the Authority erred in concluding that the proposed evidence should not be received as part of its investigation of the plaintiff’s grievance. [74] Costs are reserved at the request of the parties. Christina Inglis Judge Judgment signed at 2.30pm on 9 August 2013

4. Tahata v Tahata- Ngāwhakatutu A1A Incorporation (2014) 37 Tairawhiti MB 217 (37 TRW 217) [pdf, 283 KB]

   ...Tahata’, referring to resolution with a Whānau Hui. During the past few months with the pending Māori Land court hearings, I have discussed and through email with most of my siblings. They, can’t believe what is happening whilst some have informed me that this has been a major issue with Rongo Tukiwaho Tahata and Fleur Lee Tahata and my position in relation to our parents’ wills etc. One even suggested that this has been going on for many years. It is very very sad and no...

5. Orsborn v CAC 20006 & Collier & JVL Prestige Realty Ltd[2013] NZREADT 69 [pdf, 72 KB]

   ...vendors of the property signed a sole agency agreement with the agency for the sale of the property. [6] The licensee prepared advertising material for the sale of the property. Before the Committee, the licensee stated that he had sourced some information from RPNZ, which showed that the property had a rateable value of $435,000. However, the vendors insisted that the rateable was $460,000 and produced a 1 April 2011 rates invoice from Manawatu District Council to confirm the higher...

6. [2015] NZEmpC 48 Thorne v Kiwirail Ltd [pdf, 144 KB]

   ...friend on 16 May 2014 following certain family troubles involving his daughter. [18] After receiving Mr Thorne’s positive drug test result on 27 May 2014, Mr Mike Fenton, Metro Operations Manager with KiwiRail, issued a letter, dated 6 June 2014 requesting Mr Thorne attend a formal disciplinary meeting. The letter stated that staff affected by drugs or alcohol were a serious safety risk. It also pointed out that in his role as a Locomotive Engineer, Mr Thorne was deemed to be...

7. The Trustees of Otanemutu Lands Trust v Boynton - Opape 2A2A (2011) 38 Waiariki MB 46 (38 WAR 46) [pdf, 143 KB]

   ...her view the house stays with the land for the benefit of all the owners. Under cross-examination she maintained her position on this point. [27] The next witness called for the Trust at the hearing was Arihia Tuoro. She produced documents requested by counsel for Mr Boynton. In giving her evidence she explained the difficulties the trustees had in getting owners to meetings of the Trust. So in addition to advertising the Meeting of Owners, she contacted the owners of Opape 2A2A...

8. Nicholls v Nicholls – W T Nicholls Trust (2013) 55 Waikato Maniapoto MB 288 (55 WMN 288) [pdf, 218 KB]

   ...two decisions: the decision of the Māori Appellate Court dated 23 February 2011 at 2011 Māori Appellate Court MB 86-101; and the interim injunction order of the Māori Land Court dated 19 August 2011 at 26 Taitokerau MB 267-269. The application requested the above orders be stayed pending the outcome of an appeal to the Court of Appeal. 10 District Courts Act 1947, s 84. 11 District Court Rules 2009, r 14.11. 12 Tito v Tito - Man...

9. Piontecki v REAA & Davies [2014] NZREADT 61 [pdf, 71 KB]

   ...about the potential roading development in the area. She also spoke with her manager at the Hamilton office, Stephen Shale, about what she could do to ensure that prospective purchaser of properties within or near the area of investigation were informed of the issue. Mr Shale and Ms Davies agreed that she should explain the area under investigation and give prospective purchasers A3 colour copies of the map and information sheet from the NZTA website. [15] Ms Davies kept several spare...

10. [2013] NZEmpC 242 Udovenko v Offshore Marine Services Ltd [pdf, 153 KB]

    ...2012, not 17 April 2012. The Authority’s determination is accordingly set aside. [51] Because of my findings I do not need to go on to consider and determine the plaintiff’s alternative cause of action. [52] Costs are reserved at the request of both parties. If they cannot otherwise be agreed they may be the subject of an exchange of memoranda, with the plaintiff filing and serving any memoranda and material in support within 30 days of the date of this judgment and...