Search Results

1. [2017] NZEmpC 24 Tradefog Global Co Ltd v Bartholomeusz [pdf, 177 KB]

   ...distinguished between a determination that was procedural and one that was substantive. The Court noted that a key indication of whether a determination was substantive was whether it affected the remedies sought by the parties or otherwise formed part of the resolution of the employment relationship problem. 19 Conversely, a procedural determination directed the manner in which the employment relationship problem between the parties was resolved or would “determine the envi...

2. Regeling - Orokawa 3B Residue (2008) 127 Whangarei MB 169 (127 WH 169) [pdf, 2.6 MB]

   ...being held five years previously and the Maori Trustee having not completed his job under the 1953 Act to paliition the land. He claimed that owners holding 1,9 17 shares supported the application. Some owners were unable to attend the hearing and requested an adjourlUuent of the application. Ken Povey and Virginia Povey on behalf of the Mattie Materoa Povey Whanau Tmst wished to find out more about the application and were concerned that the paliition was for financial gain. The CO...

3. Record of Pre-Hearing Conference (dated 14 March 2017) [pdf, 1.2 MB]

   ...evidence will be called on these topics by Wednesday 15 March 2017. If the applicant does not call further evidence, and the evidence is material to the outcome, this can be the subject matter of a submission. Wind record [12] The parties have requested the applicant's wind record. They say the record is needed to SUbstantiate the applicant's claims as to the profitability of the enterprise and in turn whether the Trust will be in a position to give funding of up to $100,0...

4. Canterbury Westland Standards Committee 2 v Withers [2013] NZLCDT 54 [pdf, 242 KB]

   ...proposals do not go far in ensuring protection of the public interest. [25] We note also that many of the arrangements proposed would only be operative if Mr Withers understood that there was a situation where he should involve others, and then requested that involvement. [26] We do not accept that in the circumstances of these charges the arrangements proposed by Mr Withers give any surety that the public interest would be protected. The Tribunal considers that removal f...

5. [2018] NZEnvC 010 David Mulholland Consulting Engineer Ltd v Whanganui District Council [pdf, 849 KB]

   ...the crest of a steep and heavily vegetated slope above the eastern bank of the Whanganui River. The slope has been subject to failures because of significant weather events, particularly in late June 2015. A result of those failures has been the forming of a long tension crack at the crest of the slope, adjacent to the dwelling's foundation. A paved footpath, a timber deck and an open fronted porch-type structure have moved away from the dwelling. An Engineer's Report (mad...

6. E73 Prof David Williams - EIC - Ngāti Whātua Orākei [pdf, 5.6 MB]

   ...whenua in its primary area of interest via raupatu and ahi kā – continuous occupation. This is considered to be the “strongest evidence of rights in the land”. 2.3. Auckland City was founded on 20 October 1840, when officials drew up a formal deed for the transfer from Ngāti Whātua Ōrākei to the Crown of an estimated 3000 acres (3500 acres of modern calculation) between approximately Hobson Bay (Mataharehare), Coxs Creek (Opou/Opoututeka) and Mt Eden (Maungawhau)....

7. Hiroti - Estate of Parahi Hhiroti [2016] Chief Judges MB 711 (2016 CJ 711) [pdf, 245 KB]

   ...presentation of the facts of the case to the Court or the Registrar. The Chief Judge may also make such other orders as, in the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission. [11] The applicant has requested that the Chief Judge amend the order that is the subject of this application. The burden of proof is on the applicant to prove the existence of the alleged mistake or omission either by the Court or in the presentation of...

8. Potaka-Dewes v Kereama - Whakarewarewa 2B (2016) 142 Waiariki MB 281 (142 WAR 281) [pdf, 230 KB]

   ...142 Waiariki MB 282 Introduction [1] I heard this matter finally on Wednesday 8 June 2016 and indicated that I hoped to complete a decision within a week and then reconvene the Court to inform the parties of my decision. 1 I have decided however to simply complete the decision and then have the Deputy Registrar provide the decision to all interested parties. [2] The Court has before it an application to rehear two applica

9. Roberts - Okoroire 457N1 Maori Reservation (2016) 141 Waiariki MB 134 (141 WAR 134) [pdf, 228 KB]

   ...by 15 to seven. [9] Prior to the 8 April 2016 hearing to confirm and appoint the elected trustees, 6 the Court received the applicant’s objections to the appointment of Ms Gail Hamilton and Mr Grant Mahirahi Thompson. [10] Ms Roberts also requested that two nominations deemed invalid, one for lateness and the other for being filed incorrectly, be reconsidered. At the hearing I declined to do so. The call for nominations and the election process had been over-cautiously notifi...

10. [2017] NZEmpC 149 P v A [pdf, 184 KB]

    ...paragraphs from the memorandum. 2 With due respects, this obviously is not to cast an personal aspersions, intentionally or unintentionally on His Honour however more due to circumstances in question. 3 With more due respects, this view has been formed by the plaintiff for reasons/grounds including and post the interlocutory judgment dated 28/7/17 and the procedures followed by the Honourable Court thereof. [4] P’s application for a rehearing is presently held in abeyan...