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1. Matchitt v Livesey - Parekura Hei Roadway (2003) 81 Ōpōtiki MB 178 (81 OPO 178) [pdf, 989 KB]

   Minute Book: 81 OPO 178 Place: Gisborne Present: Judge C.L. Wickliffe K W Lardelli, Clerk of the Cou rt Date: 8 May 2003 Panui No: Application No: A20010004954 Subject: Parekura Hei Roadway (Pt Te Kaha Block) Section: 318(2)/93 Counsel Mr Kinder Mr Handley DECISION Although I deal with three issues in this decision, they essentially give rise to one broad question and that is whether this Court should restrict access to use a road­ line created when the original subdivisi...

2. LCRO 151/2016 and 157/2016 NS v TD and TD v NS (27 September 2018) [pdf, 325 KB]

   ...month later Mr NS accepted instructions to act for Mr S, the father of Ms R’s other child, B, to pursue a parenting application in respect of B. In October 2014, the two parenting applications were consolidated. [6] Subsequently, a Family Court judge queried the propriety of Mr NS acting for all three applicants in the parenting proceedings. Mr NS then referred Mr and Mrs M to other counsel, but continued to act for Mr S. [7] Mr L came to be a witness for the applicants. When t...

3. 2021-05-26 Transcript (up until 3.15pm on day 32) [pdf, 2.4 MB]

   ...Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 17 May 2021 in Dunedin Court: Environment Judge J E Borthwick Commissioner Bunting Commissioner Edmonds Appearances: P Maw and M Mehlhopt for Otago Regional Council D van Mierlo for Aotearoa New Zealand Fine Wine Estates Limited Partnership L Phillips for Beef and Lamb New...

4. 2021-05-26 Transcript (up until 3.15pm on day 32) [pdf, 2.4 MB]

   ...Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 17 May 2021 in Dunedin Court: Environment Judge J E Borthwick Commissioner Bunting Commissioner Edmonds Appearances: P Maw and M Mehlhopt for Otago Regional Council D van Mierlo for Aotearoa New Zealand Fine Wine Estates Limited Partnership L Phillips for Beef and Lamb New...

5. Restorative justice process diagram [pdf, 345 KB]

   The offender pleads guilty. The judge decides the case should be considered for restorative justice. (The offender’s lawyer can ask the judge to consider restorative justice, or the victim can ask for restorative justice through the court victim advisor or the police officer managing the case.) The facilitator meets separately with the victim and offender to work out:  if both victim and offender are willing to take part  that everyo...

6. [2007] NZEmpC WC 28A/07 PPCS Ltd v Vakapuna [pdf, 30 KB]

   ...AND VILIAMI VAKAPUNA Defendant Hearing: 13 December 2007 (Heard at Wellington) Appearances: T P Cleary, Counsel for the Plaintiff S M Moran and A Hughes, Counsel for the Defendant Judgment: 13 December 2007 ORAL JUDGMENT OF JUDGE A A COUCH [1] The defendant, Mr Vakapuna, was employed by the plaintiff for approximately 20 years at its plant in Shannon. There was some history of difficulties between Mr Vakapuna and management. Evidence about the extent of th...

7. Wano v Ngati Hineuru Iwi Incorporated (2013) 24 Takitimu MB 56 (24 TKT 56) [pdf, 205 KB]

   ...the Applicant D Edmunds, counsel for the First Respondent Isabella Clarke, counsel for the Second Respondent Tania Hopmans, for the Third Respondent Ranui Tuatua, for the Fourth Respondent Judgment: 31 May 2013 RESERVED JUDGMENT OF JUDGE L R HARVEY Solicitors: P Harland, P O Box 8025, Havelock North 4157, llmhons@gmail.com Ms D Edmunds, Kensington Swan, DX SP26517, Wellington Deborah.edmunds@kensingtonswan.com Ms I Clarke, Crown Law, DX SP20208, Well...

8. [2012] NZSC 69 SC124/2011 Service Food Workers Union v The persons listed in Schedule A & OCS Limited [pdf, 137 KB]

   ...employment agreement did not provide for redundancy entitlements (because they were excluded). Hence, because his clients could fulfil subpara (i), that was enough to satisfy para (c) as a whole. [9] This argument was accepted by the Chief Judge of the Employment Court but not by the Court of Appeal. We consider the Court of Appeal was correct. As Mr Cranney was constrained to accept, if his argument were correct subpara (ii) would become redundant. This is because, on the...

9. AA v GQ LCRO 321/2013 [pdf, 142 KB]

   ...the assaults took place.5 [6] Mr AA asserted that Mr GQ had breached his fiduciary duties to him. [7] In his response to the complaint, Mr GQ advised that Mr AA had instructed him to plead self defence to the charges. In the District Court, Judge Farish preferred the evidence of FF and HH to that of Mr AA and his brother (GG) with whom Mr AA had been jointly charged. [8] Mr AA held the view that Mr GQ’s representation of him amounted to misconduct and he should be struck of...

10. Wall - Part Rangatira 1A1A2 Hirhuharama Ponui Block (2007) 86 Taupo MB 1 (86 TPO 1) [pdf, 1.6 MB]

    Place: Present: Date: Rotorua L R Harvey, Judge M Norling, Clerk of the Court 3 August 2007 Application No: A20070006954 86 Taupo MB 1 Subject: Part Rangatira 1A 1A2 Hiruharama Ponui Block - Application for Injunction Legislation: Section 19, Te Ture Whenua Maori Act 1993 Details of the applicant are as follows: Applicant , Address Mr Christian Te Whetu Wall 14 Kaihua Rd, Nukuhau, Taupo DECISION Introduction Christian Wall seeks an injunction per section 19 of T...