Search Results

1. [2010] NZEmpC 6 Ora Ltd v Kirkley [pdf, 44 KB]

   ...[13] In dealing with the factors Mr Ponniah had submitted the Court ought to take into account on the question of costs, Mr Brant drew attention to the two attempts at mediation in the Authority; the second, he alleged, being at the plaintiff’s request. He submitted that the other matters, including the attitude the Cullens had to the defendant, their failing to enquire into her welfare and the fact that she might have to give evidence in the Court, could not be taken into account...

2. [2012] NZEmpC 83 George v Auckland Council [pdf, 95 KB]

   ...the ARC’s solicitors in relation to the disciplinary process and the disciplinary meeting to be held with Ms George. He contended that following that advice being provided, Mr Bremner’s draft letter was amended and the letter in its final form, dated 12 January 2010, was sent to Ms George. The 12 January letter contained the following paragraph which was not in the 23 December draft: We also have serious concerns about the truthfulness of your explanation given that parts of...

3. [2009] NZEmpC AC 28/09 Filta Vacuum Products Ltd v Dolan [pdf, 43 KB]

   ...of between $8,000 and $20,000. [30] Mr Harrison analysed the progress of the case and alleged the plaintiff had intentionally set out to increase costs for the defendant. He relied on the Authority’s findings concerning the view Mr Black formed as to the defendant being guilty of fraud and pursuing this conclusion without giving proper attention to the defendant’s responses. He submitted this was recognised by the Authority’s substantial award of compensation to the defe...

4. [2012] NZEmpC 5 Bishop & Bishop v Bennett [pdf, 90 KB]

   ...As that submission was unsupported by evidence or detail, however, I could give it little weight. In the interests of making a just decision, I gave the plaintiffs a further opportunity to provide evidence of their means. They did this in the form of a joint affidavit filed on 16 December 2011. In the meantime, counsel for Ms Bennet filed a further memorandum containing submissions on the significance of the ability to pay together with an affidavit evidencing the plaintiffs’ o...

5. Chambers v Tawhiti Blocks Trust - Mangahauini No. 1 Road Line (2013) 31 Tairawhiti MB 165 (31 TRW 165) [pdf, 172 KB]

   ...divert and discharge water at the stream crossing.” Court Procedure [6] The application has been before the Court since 25 October 2002. That has been primarily because of the cost of procuring engineering and survey reports. At Ms Chambers request, the application was adjourned in 2003 until 2004. It was further adjourned in December 2004. During that interval, there was some opposition expressed to the roadway by owners for Tawhiti 1F1. Kimihia Tibble, for example, advised cou...

6. Peita - Panguru C27A2 (2015) 104 Taitokerau MB 5 (104 TTK 5) [pdf, 212 KB]

   ...them before the meeting that they could not attend. On the other hand, the siblings explained that some of them lived quite a distance away and that the notice was not long enough. I canvassed with the parties whether I should send them to some form of facilitated meeting. None of them thought that would work. Chris noted that Pa Henare Tate had been involved with the whānau but had been unable to assist as there were far deeper issues at play. I invited the whānau to consider...

7. Paerau - Te Komiti 1B2B2 Ahu Whenua Trust (2015) 95 Taitokerau MB 280 (95 TTK 280) [pdf, 189 KB]

   ...95 Taitokerau MB 284 [15] Mr Paerau also argued that the proposed lease to Mr Bowers is not at market rates and that the rental is not sufficient. [16] Mr Paerau contends that there are a number of outstanding issues concerning the former lease over the land. He argues that the former lessee breached the terms of that lease and left the land in a state of disrepair. Mr Paerau submits that infrastructure belonging to the Ahu Whenua Trust has also been stolen. Mr Paerau a

8. Western Bay of Plenty District Council - Pt Taumata 3A2B (2015) 128 Waiariki MB 49 (128 WAR 49) [pdf, 209 KB]

   ...ownership or title. [3] A hearing was held on 4 September 2015. Mr Bidois confirmed that cancellation of the road line as depicted in the partition order (as amended) for Taumata 3A2B is sought. At the conclusion of the hearing, and following a request from counsel for urgency, I confirmed that a decision would issue within one month. Issues [4] The issues for determination are whether the Court should cancel the road line. In addition, I must consider: (a) Is the road line s...

9. Walker v Tonihi - Estate of Te Aokatoa Wirihana (2015) 43 Takitimu MB 31 (43 TKT 31) [pdf, 281 KB]

   ...Court and could extent to the award of a life interest in appropriate circumstances. [30] It is not disputed that Ms Tonihi and Te Aokatoa resided in the same household as Te Aokatoa nor is it disputed that Te Aokatoa signed Ms Tonihi’s enrolment forms as her father. The issue is whether, despite the fact that they resided in the same household, their relationship was one of whāngai parent and child. 10 Ibid 11 Hohu...

10. Davies - Te Haroto Marae Maori Reservation (2015) 45 Takitimu MB 174 (45 TKT 174) [pdf, 438 KB]

    ...again. [15] A further hearing was held on 5 August 2015. 16 At that stage the audit report and the charter had not been filed. Tracy Bush confirmed that the trustees had attempted to hold meetings but certain issues remained unresolved. She requested the Court’s assistance in facilitating a meeting. I adjourned the application for further hui to be held and directed that Peter Bloor be appointed as an independent facilitator. 17 [16] Hui were held in respective of each o...