Search Results

1. [2015] NZEmpC 148 Lean Meats Oamaru Ltd v NZ Meat Workers Union [pdf, 98 KB]

   ...this area may derive from the concept of “prior negotiations” being employed in a more or less expansive way. Sometimes the concept seems to be used as if it encompassed all conduct and circumstances associated with negotiations towards the formation of a contract. It is necessary, however, to distinguish between the subject of content of negotiations; that is, how the parties were thinking, their individual intentions and the stance they were taking at different stages of t...

2. [2015] NZEmpC 212 Go Bus Transport Ltd v Hellyer interlocutory [pdf, 99 KB]

   ...substantive proceeding. [14] Mr Bardsley produced a statement made by Mr Hellyer to the Authority in early August 2015 in which he said that he has undergone substantial financial hardship since his dismissal and has been unable to secure any form of employment. 7 Minute of 12 November 2015, at 5(c). [15] Counsel for Go Bus, Ms Toohey, in her submissions in support of the application for stay described the background circ...

3. Savage - Goulton (2013) 65 Taitokerau MB 1 (65 TTK 1) [pdf, 96 KB]

   ...complaint regarding the Wainui interests is misconceived. That is because the Wainui interests belonged to Rangi Goulton’s mother, Ema Tuari, and never fell into Rangi Goulton’s estate. [21] Ema Tuari died on 21 April 1943 (according to the information on the original documents – the Court minute records her date of death as 20 March 1943 but this must be wrong as her will is dated 29 March 1943). The Court dealt with succession to her interests on 11 July 1945.2 The minute...

4. Horan - Hiwarau C (2015) 118 Waiariki MB 25 (118 WAR 25) [pdf, 180 KB]

   ...preliminary determination to all those owners and trustees of Hiwarau C for whom the Court has addresses or for whom, addresses can be reasonably ascertained from the Electoral Roll. [3] The trustee report was filed on 3 February 2014. The applicant requested and was granted a 6 month extension of time in which to complete the list of owners. This list was subsequently filed with the Court on 5 August 2014. [4] The matter was then set down for hearing on 1 October 2014. 3 During...

5. Trustees of Aata Paora Keretene Ahu Whenua Trust v Cherrington - Motatau 3B2B3 (2015) 102 Taitokerau MB 43 (102 TTK 43) [pdf, 187 KB]

   ...include an application for an interim injunction. I now issue my oral decision with respect to that application for an interim injunction. As is standard practice with oral decisions, I reserve the right to amend this decision although only as to form not as to substance and not to change the outcome of the decision that I am about to make. Background [5] The Motatau 3B2B3 block (“the block”) is 50.1457 hectares in size. It has 36 owners. In 2012, the Aata Paora Keretene A...

6. L v O [2015] NZIACDT 81 (14 August 2015) [pdf, 97 KB]

   ...offering employment to the complainant. [6.11] Immigration New Zealand said the financial information did not make it likely the complainant’s remuneration could be sustained over the following financial year. [6.12] The complainant’s lawyer requested that the adviser refund the payment of $15,000 for securing the job. The adviser denied she received $15,000. [7] The Registrar identified potential infringement of professional standards during the course of the adviser’s engageme...

7. Howell v Jaram - Omaio 43 Section 4 (2014) 104 Waiariki MB 73 (104 WAR 73) [pdf, 149 KB]

   ...Introduction [1] This case concerns Omaio 43 Section 4 situated along the beautiful coast line of the Eastern Bay of Plenty and accessed from SH 35 near the township of Omaio. It is 113.5876 hectares in size with 86 owners. The block is under two forms of administration with 53.0139 hectares administered as a trust and 60.5737 hectares as a Māori reservation. The ahu whenua trustees are: Edward Phillip Ngatata Howell John William Gerard Phillip John Howell Rota Gerard...

8. Smith v The Māori Trustee - Waipaoa 5A2 (2014) 44 Tairawhiti MB 104 (44 TRW 104) [pdf, 188 KB]

   ...right of renewal for 10 years (rental increased to $18,000 pa). … 3.12 Francis Guthrie Smith passed away in 1997. … 3.14 In March 2001, the Māori trustee received notice from Burnard Bull & Co soliciting acting for Bruce Smith, requesting the Māori Trustee to call a meeting of owners to consider certain proposals including a resolution that certain improvements are owned by the Estate of FG Smith and that access proved to those improvements. The asses that they want...

9. L v Kim [2015] NZIACDT 108 (22 December 2015) [pdf, 185 KB]

   ...MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN K L Complainant AND Mijin Kim Adviser THE NAME AND ANY INFORMATION IDENTIFYING THE COMPLAINANT IS NOT TO BE PUBLISHED DECISION (IMPOSING SANCTIONS) REPRESENTATION: Registrar: Mr A Dumbleton, lawyer, MBIE, Auckland. Complainant: In person. Adviser: In person.

10. Whakatāne District Council - Part Allotment Matatā Parish 6 (2015) 124 Waiariki MB 282 (124 WAR 282) [pdf, 202 KB]

    ...continue to seek a determination of the status of the land. Background [4] On 10 October 1913 Matatā Parish Lot 6 was partitioned into several allotments. 2 At the time the partition orders were issued the minutes of the Court confirm that a request was made that a road be laid out to give access from the road along the river to Lot 6C. A search of Court records has not revealed any order for the road having been subsequently drawn. However, each of the partition orders clearly...