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1. McCreath v Attorney-General (Costs) [2016] NZHRRT 4 [pdf, 55 KB]

   ...detailed the protracted history of Mr McCreath’s dealings with Legal Aid in the period 6 January 2014 to 23 December 2014. At a teleconference convened on 11 February 2015 Ms Scott confirmed Mr McCreath intended prosecuting the proceedings but requested no timetable directions be made until the grant of legal aid. It was anticipated a decision would be made within the next two weeks. The teleconference was adjourned. [6] By further memorandum dated 4 March 2015 Ms Scott gave notice...

2. Tito – Estate of Te Anga Whanga (2014) 71 Taitokerau MB 94 (71 TTK 94) [pdf, 107 KB]

   ...descendants. As I explained to Kevin on that occasion, the prima facie position was that he was not entitled to succeed to Te Anga’s interests that were derived from his father. However, I was prepared to give Kevin an opportunity to discuss some form of “accommodation” with Naki Whanga’s descendants to reflect the spirit of Te Anga’s will. One possible accommodation was to establish a whānau trust in relation to the interests derived from Kepa Whanga and for Kevin to be...

3. Putataua Bay Holdings Ltd v Pere - Lot 189 DP 393664 (2014) 82 Taitokerau MB 139 (82 TTK 139) [pdf, 91 KB]

   ...benefit of the roadway order. However, Lot 3 DP 308767 is not mentioned in that roadway order and I assume it does not have the benefit of the roadway order. [9] The evidence filed in support of the application for an urgent injunction takes the form of an affidavit from Dover Samuels. Mr Samuels is authorised by PBH to swear the affidavit though his connection to the company is unclear. [10] Mr Samuels explains some of the protest to developments at Matauri Bay. The 2008 roadw...

4. [2014] NZEmpC 216 Scarborough v Micron Security Products Ltd interlocutory [pdf, 72 KB]

   ...the Authority issued a determination on 11 June 2014. The determination held that the defendant in dealing with Ms Scarborough’s dismissal on the grounds of redundancy had breached its good faith obligations by failing to provide her with information relevant to the decision before it terminated her employment. Nevertheless, the Authority held that the redundancy was genuine. The defendant acknowledged that it did not comply with procedural fairness. As the dismissal was held...

5. AAZ and ABA v ZZE and ZZD [2013] NZDT 29 (25 Febuary 2013) [pdf, 112 KB]

   ...reducing the amount of bubbles. (iii) As much as bubbles may be intentionally reduced, bubbles may be intentionally retained or intentionally increased. Bubbles can be one of the means of expression for the glass artist, just as texture or colour or form may be a means of expression. (iv) NY submitted that the general public perception of bubbles in glass is that they are a defect and they generally make a work less desirable. SD took a different view. It is unclear whether a...

6. AAD v ZZW LTD [2009] NZDT 9 (9 June 2009) [pdf, 70 KB]

   ...Sharemilkers Agreements Act 1937 also applies. The Schedule to that Act sets out the minimum requirements of any Sharemilking Agreement that must be included to protect the interests of the parties. The Sharemilking Agreement in question was a standard form which followed the dispute resolution provisions set out in clauses 138-158 of that Schedule. [7] AAD was appointed to act as a conciliator for the purposes of those dispute resolution clauses. It would therefore...

7. Stratton v REAA & Mathews [2013] NZREADT 37 [pdf, 58 KB]

   ...public, as “disgraceful” and there is no suggestion of incompetence of negligence at real estate agency work on the part of the licensee, nor is there anything wilful or reckless in terms of breach of the law. [34] Insofar as the Committee formed the overall view that there should be no particular penalty or censure imposed on the appellant, we think that was a sensible and understandable approach at that point. However, we have been presented with much more evidence (and legal ar...

8. Mr D v REAA [2013] NZREADT 36 [pdf, 56 KB]

   ...applicant who was involved in the incident and that there is a countervailing need to protect third-party family interests. He submits that the applicant has suffered sufficient penalty to date and that open justice may be served by an appropriate form of prohibition which does not lead to the applicant’s identification. [14] It is submitted by Ms MacGibbon for the Authority that there are no grounds raised by the licensee which trump the presumption of open reporting. [15] She als...

9. ENVC Hearing 6Oct14 AC evidence chief Leon Blackburn [pdf, 946 KB]

   31548933:629148 BEFORE THE ENVIRONMENT COURT IN THE MATTER of the Resource Management Act 1991 ("Act") AND IN THE MATTER of a Notice of Motion under section 87G of the Act requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf (ENV-2013-AKL-000174) STATEMENT OF EVIDENCE OF LEON BLACKBURN (STORMWATER) ON BEHALF OF AUCKLAND COUNCIL Dated 1...

10. Te Tii (Waitangi) B3 Trust (2013) 62 Taitokerau MB 115 (62 TTK 115) [pdf, 89 KB]

    ...(Heard at Kaikohe) Judgment: 05 July 2013 RESERVED JUDGMENT OF JUDGE D J AMBLER 62 Taitokerau MB 116 Introduction [1] The primary issue raised by this application is whether Hinewhare Harawira’s performance of a whakapohane directed at her whanaunga should disqualify her from being appointed as a trustee. [2] In this decision I address the preliminary question of whether Ms Harawira’s nomination should be taken back to a further A...